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7 Lentera Hukum 1 (2020)

handle is hein.journals/lenth7 and id is 1 raw text is: 


Lentera Hukum, Volume 7 Issue 1(2020), pp. 1-16
ISSN 2355-4673 (Print) 2621-3710 (Online)
https://doi.org/10.19184/ejlh.v7il.16643
Published by the University of Jember, Indonesia
Available online 04 April 2020




Law Enforcement Issues and Regulations in Undelimited

Maritime Boundaries: An International Law Perspective


Esther  Christie Erlina
Universitas  Padjadjaran, Indonesia
christierlina0308@gmail.com

Raden   Ahmad   Gusman Catur Siswandi
Universitas  Padjadjaran, Indonesia
ahmad.gusman@unpad.ac.id

ABSTRACT
Maritime boundaries play an essential role in determining the state's sovereignty, rights to exploit
natural resources, maintain security, and territorial integrity. However, maritime boundaries often
overlap between states, which can amount to conflicts. Maritime areas whose boundaries have not been
agreed between neighboring states are referred to as undelimited maritime boundaries (UMB). Indeed,
Article 74 of the United Nations Convention on the Law of the Sea 1982 has set out rules regarding UMB.
However, conflicts still arise between states; for instance, the conflict related to law enforcement
between Indonesia and Viet Nam in the South China Sea. This study aims to analyze law enforcement
issues and the rights and obligations of states in UMB under international law. This study uses
normative legal research which applies the method of legislative, conceptual, and analytical approaches.
This study finds that states involved in UMB are prohibited from carrying out excessive law enforcement
since it could trigger more conflicts and will hamper the ongoing final maritime delimitation negotiation
process. In order to ensure zero conflicts during the negotiation process, this paper recommends that
Indonesia should make every effort to enter into a comprehensive provisional arrangement about UMB
with its neighboring states.
KEYWORDS: International  Law, Law Enforcement, Undelimited Maritime Boundaries.


                 I  Copyright © 2020 by Author(s)
  CC                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0
                    International License. All writings published in this journal are personal views
of the authors and do not represent the views of this journal and the author's affiliated institutions.


  HOW   TO CITE:
  Erlina, Esther Christie & Raden  Ahmad   Gusman Catur Siswandi. Law Enforcement
  Issues and Regulations in Undelimited Maritime Boundaries: An International Law Perspective
  (2020) 7:1 Lentera Hukum   1-16.


Submitted: February 02, 2020 Revised: February 15, 2020 Accepted: February 18, 2020

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