Archipelagic Approach in the Formulation of the Draft Law on the Islands Region

Abstract

Indonesia is a unitary state with archipelagic characteristics. As an archipelagic state, the ocean is the dominant factor, with an estimated ¾ of Indonesia’s territory (5.8 million km2) being ocean and a quarter (1.9 million km2) land, with enormous potential for coastal and marine resources. With an area as large as Indonesia cannot but adopt a decentralization system in governance to accelerate the community’s welfare. This research uses normative legal research and socio-legal research. The policy of marine decentralization through territorial decentralization gains legality through Article 18 of the Indonesian Constitution, which is derived from Law of number 22/1999, Law of Number 32/2004, and Law of number 23/2014. Decentralization of marine management must refer to the 1982 Convention on the Law of the Sea (UNCLOS), a requirement of the rule of law. Therefore, it is necessary to synchronize Article 25A (Archipelago State) and Article 18 (1) (decentralization). Legal synchronization of Article 25A of the Constitution as an affirmation of the applicability of the 1982 UNCLOS, which is a product of international law ratified by Law of Number 17/1985.