Setting the Urgency Islands Region Province in the System of National Space Arrangement 53 Journal of Law, Policy and Globalization 2016

53 J.L. Pol'y & Globalization 211 (2016)
Setting the Urgency Islands Region Province in the System of National Space Arrangement

handle is hein.journals/jawpglob53 and id is 212 raw text is:

Journal of Law, Policy and Globalization wwwiisteorg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.53, 2016 i:

Setting The Urgency Islands Region Province In The System Of National Space
Arrangement

Zainuri1 , I NyomanNurjaya2, Abdul Rachmad Budiono3, BambangWinamo4
1. Doctoral Candidate majoring Law, Law Faculty of Brawijaya University, Malang
2. Professor in Anthropology of Law, Law Faculty of Brawijaya University, Malang
3. Associate Professor of Labor Law, Faculty of Law, Brawijaya University, Malang
4. Associate Professor of Corporate Law, Faculty of Law, Brawijaya University, Malang

Abstract
In 2015 a change in the number of islands in Indonesia country which previously amounted to 17 508 islands became 17,499
islands with details of 13 466 islands and 4,033 islands named yet named. The foregoing is reinforced in Article 25 A of the
Constitution of the Republic of Indonesia Year 1945. Article 3 of Law No. 26 Year 2007 on Spatial Planning Implementation
confirms that spatial planning is aimed at establishing national spatial safe, comfortable, productive, and sustainable based
Archipelago and National Security. However, Law No. 26 of 2007 is not set to the region in the island province of the
national spatial planning system. The legal issues in this paper is the urgency of setting archipelago province in the national
spatial planning system. Urgency is based on geographical aspects (territorial), where the characteristics of the territory of
Indonesia, which consists of the islands and the islands, the guarantee in Article 25 A Constitution NRI 1945, the statement
in the declaration Juanda 1957 on the archipelago insight and UNCLOS in 1982, in addition in the history of spatial
Indonesia in 1938 the Dutch government has designed the arrangement of space-oriented Indonesian archipelago.
Keywords: Islands Province, Spatial, Space Arrangement.

1. Introduction

In 2015 a change in the number of islands in Indonesia country which previously amounted to 17 508 islands became 17,499
islands with details of 13 466 islands and 4,033 islands named yet named. While the area of Indonesian waters reached 3:25
million km2 with details (a) Size Territorial 0:30 million km2 and (b) the archipelagic waters, 2.95 million km2. Indonesian
EEZ area mencpai 2:55 million km2. Indonesia's land mass reached 2:01 million km2. Homeland area reached 7.81 million
km2. and a coastline of Indonesia reaches 80 791 km.1

In addition to the Indonesian archipelago also called the state beach (coastal state) is the component national territory consists
of land, sea (waters) and air space (air space), where two-thirds of the total area of Indonesia is a sea. Judging from the
nature, the marine environment Indonesia shows that the properties of the integral between the elements of the sea (water)
and terrestrial (ground), then ecologically this is a scientific basis, and naturally also for the concept of insight into the
archipelago as the embodiment of a geographical unit, which became the basis of political unity, economic, cultural, defense
and security.2
The foregoing is reinforced in Article 25 A of the Constitution of the Republic of Indonesia Year 1945, hereinafter
abbreviated NRI 1945 Constitution states that the Republic of Indonesia is an archipelagic country, characterized by the
archipelago with the region and the boundaries and rights are defined by enactment legislation. Existence of a large area is
the responsibility of Indonesia to manage and utilize the space on land, sea and air and its contents as possible in order to be
useful to the overall prosperity and welfare of the nation of Indonesia as stipulated in Article 33 Paragraph (3) Constitution
NRI 1945 states that the earth and water and natural resources contained in it are controlled by the state and used for the
people's welfare.3

Spatial plan as referred to in Article 2 of Law No. 26 Year 2007 on Spatial Planning compiled berasaskan: a. alignment; b.
harmony, harmony, and balance; c. sustainability; d. keberdayagunaan and keberhasilgunaan; e. openness; f. togetherness and
partnership; g. protection of the public interest; h. legal certainty and justice; and i. accountability. Article 3 Implementation
of spatial planning, aims to create national spatial safe, comfortable, productive, and sustainable based Archipelago and
National Security.

Spatial formation was conducted in order to establish the use of the territory, earth / soil, water and air space and the
basement by the government and the community, either jointly or individually. The formation of regional spatial rencata a
local government authority in accordance with the provisions of Article 1 (1c, d) Act No. 23 Year 2014 on Regional
Government.

Government policy in the field of spatial planning not fully accommodate the needs-kebutahan communities in areas
characterized by islands, so the perceived injustice. Theoretically the government or the state recognizes the existence of the
islands, where the special treatment of the people included in the spatial arrangement worth special attention to set in
legislation representative.

1 Dikompilasi oleh Tentara Nasional Indonesia Angkatan Laut, Dinas Hidro-Oseanografi, Jakarta, Mei 2015.
2 Mochtar Kusumaatmadja, Buga Rampai Hukum Laut, Jakarta: Bina Cipta, 1978, hal. 78.
3Pasal 33 Ayat 3 Undang-Undang Dasar 1945.

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