The Form of Dispute Settlement in The Border of Sea Region of Asean State Members and Its Implications to Indonesia

ANDALAS INTERNATIONAL JOURNAL OF SOCIO-HUMANITIES- VOL. 1 NO. 1 (2020) Available online at : http://aijosh.lppm.unand.ac.id/index.php/aijosh/ Andalas International Journal of Socio-Humanities | ISSN 2715-601X (Online) | Article The Form of Dispute Settlement in The Border of Sea Region of Asean State Members and Its Implications to Indonesia Delfiyanti1 1 Faculty of Law, Universitas Andalas, Indonesia ARTICLE INFORMATION A B S T R A C T Received: May 16, 2020 The ASEAN Charter itself has been recently effective on 15th December 2008 after going through the ratification of the ASEAN state members that have ratified a charter that makes the regional bloc into an "legal" institution (Legal Personality) for the first time. As we know the relationship among ten ASEAN state members does not always work smoothly. Sometimes disputes arise also where the most frequently occurring case is concerned to the regional border or annexation of Malaysia-Singapore about the regional annexation of Batu Pateh, Thailand-Cambodia border as a seizure and the other border areas. Particularly in the sea region a dispute is often occurred among ASEAN state members since at some certain marine areas it is still not yet clear about the borders of its territory. This has resulted in overlapping claims among these countries. It influences the fishing areas where the fishing boats and fishermen would be considered illegal fishing when crossing the boundaries of sea claimed by a country. Though the sea areas are not yet clear about the ownership. Eventually it became a dispute among ASEAN state members. Hence, it takes ways of resolving disputes among ASEAN state members. In this case, the ASEAN Charter contains the methods for settling disputes among ASEAN state members. Indonesia itself is one of ASEAN state members which has sea border with some ASEAN state members which also have sea dispute. Therefore, Indonesia also participated and signed the agreement and will also be bound at later by the ways set out in the ASEAN Charter. Revised: June 24, 2020 Available online: July 27, 2020 KEYWORDS Resolution of Sea Region Dispute, ASEAN State Members, ASEAN Charter, Implications and Indonesia. CORRESPONDENCE E-mail: INTRODUCTION ASEAN (Association of Countries in the Region of South East Asia), which was established on August 8, 1967 is one of the regional organization in Central Asia's long-standing and Attribution-NonCommercial 4.0 International. Some rights reserved 8 ANDALAS INTERNATIONAL JOURNAL OF SOCIO-HUMANITIES- VOL. 1 NO. 1 (2019) accounted for in the international community. ASEAN is an association of nations that have specific characteristics and has a plurality of highly variant each other from any perspective. After 40 years of the founding of ASEAN, the current members have been covering 10 countries with a population of over half a billion and an economic growth rate of 5.8% and the total GDP of over US $ 1,000 billion in 2006 and continued to increase in many areas.1 After a long time the Bangkok Declaration of 1967 became the principal instrument and the juridical establishment of the ASEAN then in 2008 formed the ASEAN Charter. The process of the emergence of any of the ASEAN Charter requires time and a long process. It begins at a meeting of ASEAN leaders agreed that ASEAN cooperation is directed to the formation of the ASEAN Community. Later in the 12th ASEAN Summit in Cebu in January 2007 has been agreed "Declaration on the Acceleration of the Establishment of an ASEAN Community by 2015”. In the end at the 13th ASEAN summit in Singapore on 19-22 November 2007 was signed two important documents in the framework of ASEAN cooperation, namely the ASEAN Charter and the ASEAN Community Blueprint. The new ASEAN Charter into effect on December 15, 2008 after going through the ratification of the ten ASEAN member countries that have ratified a charter that makes the regional bloc into a legitimate institution for the first time in the history of four decades since its founding. Associated with the formation of the ASEAN Charter in 2008 and as a replacement for Bangkok Declaration of 1967 that has long been the establishment of an ASEAN instrument the ASEAN Charter of 2008 come into a new milestone for ASEAN in view of its cooperative relations forward. The existence of the Charter (ASEAN Charter) that make ASEAN to more firmly with the legal personality that is often questioned by many various parties. It deals with the relationship of cooperation between ASEAN member countries that require strong legal instruments such as the Charter to bridge it. As we know the relationship between the ten ASEAN member countries are not always run smoothly. Sometimes disputes arise also where the most common is concerning boundaries or seizure of territory, especially in the Mediterranean such as the dispute Indonesia - Malaysia in Ambalat. A dispute between the ASEAN member countries due to conflict of interest in each country, especially with regard to fishing areas and natural resources and minerals in the sea. In addition, there is also a dispute concerning the annexation of the island claimed by each party as their own who also has an impact on the determination of the ownership of the sea area such as the case of Indonesia Malaysia relating to the ownership of Sipadan Island. And there are many other disputes involving ASEAN member countries as geographically more than half the member countries of ASEAN is surrounded by the sea so abut each sea area between them. Hence, it takes ways of resolving disputes against the seizure of marine areas into boundaries among ASEAN member countries. In this case, the Bangkok Declaration of 1967 never load and set methods for settling disputes among ASEAN members that the settlement of disputes among ASEAN member countries more resolved through "ASEAN spirit" alone. This is in contrast with the ASEAN Charter in 2008 which has started to load the ways of settlement of disputes, including in the sea among ASEAN member countries are regulated in several articles contained in the ASEAN Charter. In this case needs deeper analysis of the models of dispute resolution such as whether that is set in the ASEAN Charter that can be accepted by the member countries of ASEAN to the dispute. For Indonesia itself which has 1 Ade Maman Suherman, 2003,International Organization and Regional Economic Integration in Perspectives of Law and Globalization, Ghalia Indonesia, Jakarta, p.147. 9 ANDALAS INTERNATIONAL JOURNAL OF SOCIO-HUMANITIES- VOL. 1 NO. 1 (2019) signed the ASEAN Charter (ASEAN Charter) in 2008 and ratified by Law No. 38 of 2008 Indonesia "bound by the contents of the agreement". This has obvious implications for Indonesia where when Indonesia dispute with the members of ASEAN countries in the sea area, the other must also consider ways of resolving disputes which have been stipulated in the ASEAN Charter. Indonesia itself has some disputes with o (...truncated)