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14 Indonesian J. Int'l L. 497 (2016-2017)
Study of the Right of Foreign Ship against State Sovereignty (Case Study Indonesia)

handle is hein.journals/indjil14 and id is 498 raw text is: Indonesian Journal of International Law (2017), Vol. 14 No. 4, pp. 497-513 doi: 10.17304/ijil.voll4.4.704 STUDY OF THE RIGHT OF FOREIGN SHIP AGAINST STATE SOVEREIGNTY (CASE STUDY INDONESIA) Maria Maya Lestari Faculty of Law, Riau University, Indonesia Correspondence: urmariamayalestari@gmail.com 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 water and archipelagic water. However, only in inland water that archipelagic states has full sovereignty while for the other zones, it has followed by other states rights, One of which is right of passage. Right of another state passage is consists by right of innocent passage, right of archipelagic sealine passage and there is also right of transit passage. Indonesia has determined three archipelagic sea lines passage, in this paper will discuss about Indonesian sea sovereignty zone and right another state inside, along implications for Indonesia after determination of archipelagic sealine passage. Keywords: sovereignty of state, passage right, archipelagic sea-lines Submitted: 20 July 2016 | Revised: 20 October 2016 | Accepted: 14 June 2017 I. INTRODUCTION 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. Indonesia and Philippine were the first state that claimed and made regulation about sovereignty sea, and declare all the waters for their archipelagic sea,1on the basis interest of economic, politic, history and geography. 2Eventually, this concept has supported by another archipelagoes states.3 Finally, in 1982, result of United Nation Confer- 1 C. F. Amerasinghe. The Problem of Archipelagoes in the International Law of the Sea, The International and Comparative Law Quarterly, Vol. 23, No. 3, July 1974), p. 556 2 Ibid, C. F. Amerasinghe, p. 557-558, see to Jack A. Draper, The Indonesia Archipelagic State Doctrine and Law of the Sea: Territorial Grab or Justifiable Necessity?, The International Lawyer, (Vol. 11, No. 1, 1977), p.144. 3 John R. Brock, Archipelago Concept of Limits of Territorial Seas, International Law Studies, Role of International Law and an Evolving Ocean Law, edited by Richard B. Published by Lembaga Pengkajian Hukum Internasional