Abstract
Recognition of the archipelagic concept accommodated in chapter IV United Nations Conventions Law of The Sea (LOSC) 1982. The implication of this recognition is archipelagic states have sovereignty for their marine space. There are 3 zonation in sea sovereignty, that are inland water, territorial waters and archipelagic water. However, only in inland water that archipelagic states has full sovereignty such as on land, while another zone, it has followed by other states rights, One of which is right of passage. The right of another state passage is consisted by right of innocent passage, right of archipelagic sealine passage and there is also right of transit passage, which one all of that right of passage are depending on zones depending on the zone that is crossed. Talked about archipelagic sea-lanes passage (ASLP), Indonesia has to determine 3 archipelagic sea lanes passage and the consequence that all foreign ships should pass over that routes. For that reason, in this paper will discuss Indonesian sea sovereignty zone and right another state inside, along with implications for Indonesia after determination of archipelagic sealine passage.
Highlights
The concept of archipelagic state is a new concept of form state based on geographic conditions archipelago consisting of post set out in Chapter IV, the United Nations Law of the Sea Convention (LOSC) 1982
Discussion has firmly stated that there is no more problems with the archipelagic State sovereignty
It is obvious and real in the LOSC 1982, Bab IV, art 46-54, recognizes and regulates sovereignty to the rights and obligations of archipelagic State and users States, that archipelagic State sovereignty of sea area consists of 3 zones, that are zone of inland waters, territorial sea and archipelagic sea
Summary
The concept of archipelagic state is a new concept of form state based on geographic conditions archipelago consisting of post set out in Chapter IV, the United Nations Law of the Sea Convention (LOSC) 1982. “a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.” Based on these conventions, the archipelagic state has sovereignty over the whole territory of the sea and all regimes inside of archipelagic baseline. Even when using archipelagic sea line passage, any passing ships can use normal mode in the meaning of sailing normally, should not be restricted and unobstructed passage 9 for example submarine could cross an archipelagic sea line without being disturbed and with a fixed position dive in the water just as sailing on the high seas This is certainly different from the right of innocent passage in the territorial sea, where at the time of sailing ships the subs are required to navigate on the surface of the water and show the flag.. In this paper will focus on the discussion about how real archipelagic sovereignty water after determination Indonesian ASL in terms of international law of the sea
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