Major concepts arising out of the 1982 Convention would have a great impact on coastal States sovereignty and jurisdiction, rights and obligations over the seas and its resources, likewise an archipelagic State such as Indonesia. Before the establishment of the 1982 Convention, Indonesia's sovereignty four 1958 Geneva Conventions. ³

　

 However, after Indonesia ratified the 1982 Convention in 1985, Indonesia has enacted and revised a number of laws and regulations governing the seas and its resources. Of the four areas of legislative and regulatory actions described above, Indonesia has succeeded in establising its sovereignty and jurisdiction in the territorial sea, archipelagic waters, continental shelf and the exclusive economic zone. Indonesia has not yet declared its contigous zone, and therefore has not enacted any law or regulation pertaining to the implementation of its jurisdiction wthin such zone.

　

　

 Indonesia realizes that the effectiveness of the 1982 Conventions depends heavily on its becoming a legal force and this could be best achieved through formal ratification. It is under this consideration that on December 31, 1985 Indonesia decided to enact Law No. 17 concerning Indonesia's ratification on the 1982 Convention. Even though at that time, the Convention was not yet in force, Indonesia faced a much more heavy responsibility not only of implementation but also of deciding on how to use the available law for the benefit of the country.

　

　

 When Indonesia gained its independence in 1945, Indonesian territorial waters were still under the 1939 Dutch Ordinance.⁴ Under this law, the Indonesian territorial sea was established at a width of three nautical miles around each islands of the archipelago. By this Ordinance, which generally followed the customary international law of European countries, Indonesian waters were virtually divided, some of which were governed by the regime of high seas.

　

 In 1957, however, Indonesia declared its new policy on its territorial waters through the Djuanda Declaration, proclaimed on December 1957. With this new policy, a number of provisions of the old 1939 Ordinance were revoked and the width of the territorial sea was extended to twelve nautical miles measured from the baselines which comprise the line joining the outer points of the outermost islands surrounding the archipelago. This declaration signifies Indonesia's major legal step to establish its position as an archipelagic state.

　

 Having failed to obtain recognition of its new territorial concept at the 1958 and 1960 Geneva Conferences, Indonesia decided to continue with the policy outlined in the 1957 Declaration by establishing Law No. 4 of 1960.⁵ Under this Law the breadth of the Indonesian territorial sea was extended from three to twelve nautical miles, measured from about 96 straight baselines, connecting the outermost points on the low water mark of the outermost islands.

　

 Having gained recognition as an archipelagic State through the 1982 Convention, Indonesia enacted a new Law No. 6 of 1996 on the Indonesian Territorial Waters.⁶ The Law revised Law No. 4 of 1960, using principles embodied in the 1982 Law of the Sea Convention. Basically the new Law upholds some old principles like the one on the breadth of the territorial sea of 12 nautical miles.

　

 The old provision of straight baselines from point to point is adjusted accordingly with a new provision on straight archipelagic baselines. An illustrative map is attached to the Law showing the possible new baselines, the territorial sea, outer limit of the exclusive economic zones, and special lines showing the unfinished or still negotiated boundaries with Indonesia's neighbouring countries.

　

 Several new concepts such as the right of transit passage and the right of archipelagic sea-lanes passage, and the right of access and communication are also included. The provisions on the right of innocent passage are adjusted to the new concept embodied in the 1982 Convention.

　

　

 Article 47 paragraph 2 of the 1982 Convention provides that an archipelagic State may draw baselines, each with a length that shall not exceed 100 nautical miles, with an exception that up to 3 per cent of the total number of baselines may exceed that Length up to a maximum of 125 miles.

　

 During the period of 1989-1995 Indonesia began its endeavor to carry out a survey of all existing base points. In the course of this survey new base points were located, and new baselines were established. As a result 233 possible base points were located, out of which 231 baselines can be drawn. To take the benefit of the provision of Article 47 paragraph 2, these baselines were then reduced to 189 base points where 187 baselines can be drawn, out of which 5 baselines of up to 125 nautical miles in length can be drawn.

　

 It is based on this survey that on 16 June 1998 the government finally decided to enact Government Regulation No. 61 of 1998 concerning List of Geographical Coordinates of the Base points of the Indonesian Straight Archipelagic Baselines in the Natuna Sea. This Regulation provides for the list of geographical coordinates of the archipelagic baselines of Indonesia in the Natuna Sea. The Natuna Sea, located north-west of the coast of Borneo, includes the seas around Bintan island, the Anambas islands, the Northern Natuna islands and the Southern Natuna islands.

　

 The archipelagic status of the waters in the Natuna Sea was indicated for the first time in the map attached to Law No. 6 of 1996. Because of one of Indonesia's archipelagic sea lanes that was proposed for adoption at the International Maritime Organization goes through the waters of the Natuna Sea, it was felt necessary to issue the new coordinates of points for that part of Indonesia's archipelagic waters. The archipelagic sea lanes proposed by Indonesia were approved by IMO in May 1998.

　

　

 The new right of archipelagic sea-lanes passage will be applicable in the archipelagic sea-lanes adopted by IMO with the agreement with Indonesia. Based on thorough surveys and consultations with some user States, Indonesia has proposed to IMO three main archipelagic sea-lanes in the direction of north-south vv.

　

 On May 19, 1998 at the 69^th session of the Maritime Safety Committee of the IMO, Indonesia together with IMO has reached an agreement for a cooperative legislative competence, by adopting three archipelagic sea-lanes, using the routes as follows:

1) Strait of Sunda - Java Sea - Strait of Karimata - Natuna Sea - South China Sea;

2) Strait of Lombok - Makassar - Celebes Sea;

3) Pacific Oceans to the south, with three optional routes:

　

 For various reasons including the political turmoil ending the Suharto regime, the adoption of these archipelagic sea-lanes took sometimes to be enacted nationally. Even though a regulation was drafted initially in 1995, it was only finalized and enacted in 2002. Notwithstanding this enactment, a revision on one of these archipelagic sea-lanes is needed due to the changes in sovereignty and jurisdiction of the sea areas around Timor Leste.

　

　

 This Regulation was enacted as the implementing regulation for Law No. 6 of 1996 concerning the exercise by foreign vessels of the right of innocent passage through the Indonesian territorial sea and archipelagic waters, including straits used for international navigation. Under this Regulation the old Government Regulation No. 8 of 1962 is then revoked.

　

 This Regulation basically follows the provisions of the 1982 Convention with regard to innocent passage. In general innocent passage may be exercised through sea lanes normally used for international navigation, however for purposes of ensuring the safety of navigations such sea-lanes and traffic separation schemes were indicated.

　

 Temporary suspension of the right of innocent passage shall be communicated to other States through diplomatic channels at least seven days before its commencement.

　

　

 Indonesian declared its claim to the continental shelf on 17 February 1969, which was then followed by the enactment of Law No. 1 of 1973 concerning the Indonesian Continental Shelf. This Law illustrates Indonesia's concern over its natural resources on the seabed and subsoil beyond its territorial sea. The five major point of this Law are as follows:

　

 This Law was enacted before the establishment of the 1982 Convention, which contains new provisions on the outer limit of the continental shelf using new criteria and methods. Indonesia needs to revise its definition of the Indonesian continental shelf accordingly, and will have to carry out scientific surveys for possible claim of more than 200 miles from the baselines.

　

　

 Following the same pattern of claims to the territorial waters and continental shelf, Indonesia declared its claim to an exclusive economic zone in 1980 and was soon followed by the enactment on October 8, 1983 of Law No. 5 on the Indonesian Exclusive Economic Zone. This Law grants Indonesia sovereign rights for the purpose of exploring and exploiting, and conserving and managing, the natural resources of its exclusive economic zone. Further, it states that any exploration and exploitation activities shall be carried out with the consent of, or through international agreement concluded with the Indonesian government.

　

 This Law also provides for foreign legal entities or governments a guaranteed access to the surplus of the allowable catch. This Law also contains an obligation to take the necessary measures to prevent, reduce and control pollution of the marine environment. It also contains provisions on liability for any act which contravenes Indonesian laws and regulations, and in the case of marine scientific research, rules of international law. Strict liability shall be imposed on any activity resulting in the pollution of the marine environment or damage to the natural resources.

　

 Since this Law was drafted along the guidelines of the 1982 Convention, there seems to be no need for a revision, however, the outer limit of the exclusive economic zone should be defined and drawn based on the new straight archipelagic baselines.

　

　

 Indonesia is aware of the fishing potential of the waters outside its territorial sea. The enactment of Law No. 5 of 1983 has extended Indonesia's opportunity for the exploitation of the living resources in its exclusive economic zone. As an implementation of Law No. 5 of 1983, on June 29, 1983, Government Regulation No. 15 of 1984 was enacted.

　

 Basically it contains provisions regarding the utilisation and conservation of the living resources in the Indonesian exclusive economic zone, procedures for obtaining licenses, and sanctions for any violation of these provisions. This Regulation was issued under a consideration that Indonesia needs to develop its fishing industry.

　

 With the establishment of the Ministry of Marine Affairs and Fisheries, new Ministerial Decree to implement further the Ministry's policy on fishing in the Indonesian Exclusive Economic Zone were enacted.

　

　

 Following the provisions of Article 47 paragraph 6 and Article 5 of the 1982 Convention, Indonesia has concluded a bilateral treaty to accommodate Malaysia's rights and legitimate interests in the Indonesian archipelagic waters. The Treaty sets out Malaysia's recognition and support of the Indonesia archipelagic State regime, and in return Indonesia undertakes to respect Malaysia's pre-existing rights and interests in the Indonesian archipelagic waters.

　

 Since it is surrounded by neighbouring countries, Indonesia recognizes the importance of the settlement maritime boundary delimitations. For this purpose, Indonesia has been able to settle about twelve continental shelf or sea-bed boundary delimitation agreements and two territorial sea boundary delimitation with the neighbouring countries. Between Indonesia and Australia notable achievements is the establishment of a zone of co-operation agreement with Australia in the Timor Sea area pending a continental shelf boundary agreement, which was later revoked due to the independence of Timor Leste, and the new Treaty on the Establishment of an Exclusive Economic Zone Boundary and Certain Sea-bed Boundaries of 14 March 1997.⁷

　

 With regard to the utilization of living and non-living resources of the sea, Indonesia has also established laws on fisheries and mining, together with a law on conservation of living resources. In carrying out the above described laws and regulation, these additional laws shall also be taken ionto account.

　

　

 On 19 September 1997, a new Law No. 23 of 1997 concerning the Management of the Living Environment was passed to replace Law No. 4 of 1982. The 1997 Law lays out in Article 3, providing the basis, objective and target of the Law - "environmental management consistent with national responsibility and sustainable development", and "exploitation within the framework of the holistic development of the Indonesian individual and community in its entirety".

　

 This Law guarantees the right of every person to a healthy environment and the obligation to preserve environmental functions and combat environmental pollution. Chapter IV serves as the implementation of Article 33 paragraph 3 of the 1945 Constitution whereby it is provided that natural resources are controlled by the state, and are to be developed by the government for the greatest possible public welfare.

　

 The 1997 Law provide for the delegation of authority to provincial governments. It prohibits every business and/or activity from breaching environmental quality standards and criteria. Projects that would create impacts on the environment must possess an environmental impact analysis. Businesses and activities must manage their wastes, including hazardous and toxic wastes. The Law also contains provisions on supervision, compliance control, environmental audits and administrative sanctions at provincial and district levels. The latter includes sanctions in the form of revocation of business licenses.

　

 This Law also provides for environmental dispute settlement either through judicial or extra-judicial means. Judicial settlement anticipates the payment of compensation and the issuance of orders to carry out certain actions. Two very significant features of this Law are - first, strict liability is prescribed for violations involving hazardous and toxic materials, which cause significant impact to the environment. Second, following recent court decisions, community and environmental organizations are explicitly given judicial standing to bring class actions, and/or to report on environmental violations.

　

 One of the enabling instrument of this Law is Government Regulation No. 18 of 1999 regarding the Control of Pollution of and/or Damage to the Marine Environment

　

　

 This law governs the utilization, planning and control of the national territory as an archipelagic State for development purposes, including areas outside of national territory where Indonesia may exercise its law under sovereign rights for the management of natural resources, or under other legitimate fights govern by international law.

　

 Basically this Law contains certain provisions that can be described in the following points:

2) coordination and integration;

3) sustainable development pattern; and

4) ability to accommodate further development.

　

 Among the principles used in this law are encompassed in regulations regarding:

　

 Development plans are formulated for and divided into, the following:

1) principal functions of the territory: preserved and developed areas;

2) administrative aspects: national, province, city & rural areas;

3) area's function and type of activities: rural, city and special areas.

　

　

 Following the political reformation ending the Suharto regime, in 1998 through the People's Consultative Assembily (MPR) Decision No. XV/MPR/1998, the government is instructed to establish laws and regulations concerning autonomous regional administration. On 7 May 1999 the government enacted Law No. 22 of 1999 concerning Regional Government.

　

 Article 2 paragraph 1 stipulates that the Indonesian territory is divided into three autonomous regional territories of provinces, municipalities and regencies. Further Article 3 provided that the territory of a province consists of land areas and a sea area of 12 nautical miles measured from the "coastline" toward the high seas and/or toward the archipelagic waters.⁸

　

 Meanwhile the jurisdiction of the municipalities and regencies is set to be one third of that assigned to the provinces, or withinh a belt of four nautical miles, assumed to be measured in the same manner as that of the provinces.

　

 This assignment of territories is accompanied with a corresponding rights for the regional governments in the following areas: ⁹

2) regulation of administrative matters;

3) regulation of spatial planning;

4) enforcement of the regional and national laws and regulations;

5) assisting the government in the enhancement of security and sovereignty of the State.

　

 This law has produced a substantial change in the regulation of ocean activities. There is fundamental questions that has yet to be solved in the future, is that will this Law resulted in the revocation of the underlying principle of the Indonesian territory of Wawasan Nusantara which unites the wole land and sea areas of Indonesia. Under the provisions of this new law, there is the possibility of claims to part of the Indonesian waters by the provincies, municipalities and regencies. Given the autonomous nature of the jurisdiction given by this law, possibilities of conflict may arise between the different levels of governments, as well as among the same levels of government.

　

 It has been long an accepted policy all around the world that marine resources development should be environmentally sound, socio-economically harmonized and sustainable. The policy makers and their advisers, both at national and regional levels right now are busy in formulating the implementing regulations on this matter.

　

 The above description signifies the importance of the 1982 Convention for the maintenance of ocean security, protection and preservation of the marine environment and its resources to an archipelagic State like Indonesia. Establishment and implementation of legal and policy frameworks are needed to enable Indonesia to benefit from this new law of the sea.