Blue Revolution: How Indonesia quickly succeed Japan as the Asian Master of the Seas
Prabowo Purnawan
KRI (Kapal Republik Indonesia) Col. Heru Hendropriyono , a Bonjol-Class (adopted from US Adams-Class) of Navy Vessel of Indonesia. Commissioned in 1969, famous for several of his sea campaigns, and the first destroyer to exist in Indonesian Navy
The forthcoming of 1970 was truly an amazing progress for the livelihood of every person in Indonesia. From then a guerrilla society fought for anti-imperialism and colonial discrimination, now an extensively large native nation already growing as a regional power. Similar to what the United States of America had grown during their early independence years, Indonesia fought a war against a great power. The difference was, Indonesia won.
After the Treaty of Darwin, Indonesia extended to more than two million square kilometers in area, yet disconnected due to various sea in between. The land was effectively Indonesia, but the seas were still international waters. In Indonesia, the territory of the Republic of Indonesia then still referred to the 1939 Dutch Indies Ordinance, namely the Zeeën en Maritieme Kringen Ordonantie 1939 (TZMKO 1939). In the Dutch East Indies regulations, the islands of the Archipelago were separated by the surrounding sea and each island only had a sea around 3 miles from the coastline. This means that foreign ships can freely sail the sea that separates the islands. Therefore, potential naval invasion was clearly possible, and the government of Indonesia could not do anything about it. Djuanda, years before the Darwin Treaty, had pressed that the law prejudiced maritime nations, and a revision must be created, which he declared Djuanda’s Declaration.
The Sea Borders according to the TZMKO 1939
The contents of the Djuanda Declaration, drafted on November 13, 1959, revised on April 4 1961, state:
In the midst of the war with the Commonwealth, the borders of Indonesia expanded in the seas. As a result, justified attacks towards Australian and British convoys were legalized for the Navy. With British superiority on naval theater, the Indonesian Navy managed to sunk a sum of convoys during the mid-stage of the war. Yet, progress was still few, as Wilopo was scared of the annihilation of the entire Navy if they convened a high-risk raiding. When the Americans intervened things went exactly on the favor to Indonesians. The joint US-Indonesian Navy conducted battles in these ‘Indonesian seas’ and mainly won. United Kingdom requested a UN embargo to Indonesia, as they were attacking on international waters. But, since the Americans were involved, the UN decided to back down the issue, but condemn the UK that had been having atrocities in Papua.
After the Treaty of Darwin, the United States was revealed on how important sea borders was to the integrity of the nation. Besides, the US still owned a number of islands in several oceans, and notable of them located strategically on geopolitical rivals. Kennedy already promoted an international agreement regarding the sea problem in 1962. But because the situations in Europe and in the midst of the war, the projected convention largely turned into a failure. In the second Convention, the United States gave a total attention, and it replied with the UNCLOS II 1968.
The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows:
Internal waters
Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. A vessel in the high seas assumes jurisdiction under the internal laws of its flag State. Pursuit of a ship by the Coastal State may only take place in the internal waters and is required to end when reaching the contiguous zone.
Territorial waters
Out to 12 nautical miles (22 kilometers; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security.
Archipelagic waters
A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has sovereignty over these waters (like internal waters), but subject to existing rights including traditional fishing rights of immediately adjacent states. Foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).
Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters. This makes the contiguous zone a hot pursuit area.
Exclusive economic zones (EEZs)
These extend 200 nautical miles (370 kilometers; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 meters deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.
Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometers; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometers; 120 miles) beyond the 2,500-meter isobaths (the line connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.
Since the enaction of these sea laws alleviate the importance of Indonesia’s two armed forces, the Navy and the Coast Guard. In before these branches found difficulties in optimizing their tasks. Now, nearly everything inside the archipelago is Indonesia. Navy would repel any hostile ships, while the Coast Guard skirmishes any piracy along the coasts. However, the sea laws that was put into effect also resulted into the largest crisis in the history of South East Asia, the Malaccan Crisis, which happened on 23rd March 1971. Nevertheless, UNCLOS gave a new meaning on sea exploration, and thus also legalize further off-shore drilling in observed potential zones like East Kalimantan Coasts,or North Brunei Coasts.
Prabowo Purnawan
KRI (Kapal Republik Indonesia) Col. Heru Hendropriyono , a Bonjol-Class (adopted from US Adams-Class) of Navy Vessel of Indonesia. Commissioned in 1969, famous for several of his sea campaigns, and the first destroyer to exist in Indonesian Navy
The forthcoming of 1970 was truly an amazing progress for the livelihood of every person in Indonesia. From then a guerrilla society fought for anti-imperialism and colonial discrimination, now an extensively large native nation already growing as a regional power. Similar to what the United States of America had grown during their early independence years, Indonesia fought a war against a great power. The difference was, Indonesia won.
After the Treaty of Darwin, Indonesia extended to more than two million square kilometers in area, yet disconnected due to various sea in between. The land was effectively Indonesia, but the seas were still international waters. In Indonesia, the territory of the Republic of Indonesia then still referred to the 1939 Dutch Indies Ordinance, namely the Zeeën en Maritieme Kringen Ordonantie 1939 (TZMKO 1939). In the Dutch East Indies regulations, the islands of the Archipelago were separated by the surrounding sea and each island only had a sea around 3 miles from the coastline. This means that foreign ships can freely sail the sea that separates the islands. Therefore, potential naval invasion was clearly possible, and the government of Indonesia could not do anything about it. Djuanda, years before the Darwin Treaty, had pressed that the law prejudiced maritime nations, and a revision must be created, which he declared Djuanda’s Declaration.
The Sea Borders according to the TZMKO 1939
The contents of the Djuanda Declaration, drafted on November 13, 1959, revised on April 4 1961, state:
-
That Indonesia states as an island nation that has its own style
[*]That since a long time ago, the archipelago has been a unity
[*]The provisions of the 1939 Ordinance concerning Ordinance, can divide the territorial integrity of Indonesia from the declaration containing a purpose:
[*]To realize the shape of the territory of the Federal Republic of Indonesia which is whole and round
[*]To determine the territorial boundaries of the Republic of Indonesia, in accordance with the principles of the Archipelago
[*]To regulate the shipping traffic that is more secure ensuring the security and safety of the Republic of Indonesia.
In the midst of the war with the Commonwealth, the borders of Indonesia expanded in the seas. As a result, justified attacks towards Australian and British convoys were legalized for the Navy. With British superiority on naval theater, the Indonesian Navy managed to sunk a sum of convoys during the mid-stage of the war. Yet, progress was still few, as Wilopo was scared of the annihilation of the entire Navy if they convened a high-risk raiding. When the Americans intervened things went exactly on the favor to Indonesians. The joint US-Indonesian Navy conducted battles in these ‘Indonesian seas’ and mainly won. United Kingdom requested a UN embargo to Indonesia, as they were attacking on international waters. But, since the Americans were involved, the UN decided to back down the issue, but condemn the UK that had been having atrocities in Papua.
After the Treaty of Darwin, the United States was revealed on how important sea borders was to the integrity of the nation. Besides, the US still owned a number of islands in several oceans, and notable of them located strategically on geopolitical rivals. Kennedy already promoted an international agreement regarding the sea problem in 1962. But because the situations in Europe and in the midst of the war, the projected convention largely turned into a failure. In the second Convention, the United States gave a total attention, and it replied with the UNCLOS II 1968.
The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows:
Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. A vessel in the high seas assumes jurisdiction under the internal laws of its flag State. Pursuit of a ship by the Coastal State may only take place in the internal waters and is required to end when reaching the contiguous zone.
Territorial waters
Out to 12 nautical miles (22 kilometers; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security.
Archipelagic waters
A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has sovereignty over these waters (like internal waters), but subject to existing rights including traditional fishing rights of immediately adjacent states. Foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).
Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters. This makes the contiguous zone a hot pursuit area.
Exclusive economic zones (EEZs)
These extend 200 nautical miles (370 kilometers; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 meters deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.
Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometers; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometers; 120 miles) beyond the 2,500-meter isobaths (the line connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.
Since the enaction of these sea laws alleviate the importance of Indonesia’s two armed forces, the Navy and the Coast Guard. In before these branches found difficulties in optimizing their tasks. Now, nearly everything inside the archipelago is Indonesia. Navy would repel any hostile ships, while the Coast Guard skirmishes any piracy along the coasts. However, the sea laws that was put into effect also resulted into the largest crisis in the history of South East Asia, the Malaccan Crisis, which happened on 23rd March 1971. Nevertheless, UNCLOS gave a new meaning on sea exploration, and thus also legalize further off-shore drilling in observed potential zones like East Kalimantan Coasts,or North Brunei Coasts.