The Maritime Security Coordinating Board (Bakorkamla) expects that there will be a formation of a non-military civilian agency to review maritime law so it will crate more certainty about shipping safety and security from one port to another. Bakorkamla must involve various institutions which have so far been performing enforcement of Indonesian law on Indonesian sea territory. Bakorkamla could only coordinate 12 existing stakeholders in accordance with Presidential Regulation No. 81/2005. The non-military civilian agency can review the law concerning every operational activity on the seas within the context of national and international laws, Susanto, Head of Bakorkamla, told Business News.
A non-military and civilian agency in other countries is Sea and Coast Guard. The responsibility of the Coast Guard is to guarantee law enforcement in Indonesian sea territory integrally. Law No. 17/2008 on Shipping stated that sea and coast guard shall report to the President. From the technical-operational aspect, its implementation is under the Ministry of Communications. Bakorkamla supervises 12 stakeholders, amongst other, Polairud (Water and Air Police), the Ministry of Marine and Fisheries, Customs & Excise, Department of Sea Communications of the Ministry of Communications, and other. Every operation of Bakorkamla must be acknowledged by each stakeholder. The Indonesian Marine Forces (TNI AL) only maintains state sovereignty or defense. But, matters concerning the law on sea territory are handled by institution like the Coast Guard. Case of ship piracy by Somalian pirates is also the scope of responsibility of coast guard.
The Sea and Coast Guard supervises, prevents, and handles violations on Indonesian sea territory which is estimated to cover an area of 5.8 million square kilometers or 75 percent of the entire Indonesian territory. Its authority is to guarantee more shipping safety and security within the context of enforcement of international law. Formulation of implementation of technical and administrative support in maritime security becomes a catalyst to the role of society in maritime safety. As in accordance with UNCLOS (United National Convention on the Law of the Sea) 1982, Coast Guard may directly handle various kinds of operations on the sea within the context of international maritime law.
Indonesia’s role is acknowledged in many United National negotiations concerning increase of implementation of UNCLOS 1982. Indonesian diplomats were directly involved in integration of international maritime law in 1973. This attempt was finally successful in formulating UNCLOS in 1982 which has made our Archipelagic Concept (Wawasan Nusantara) acceptable internationally. UNCLOS 1982 is a whole legal concept that rules about exploitation of marine resources.
The Convention which started to be effective in 1994 contains, amongst others, stipulations concerning sea zone, border zone, continental shelf, and exclusive economic zone (ZEE). Indonesia jointly with 160 other countries has ratified UNCLOS 1982. While, there are 10 big countries, including the United States, which not yet ratified the Convention. We also know about the expectations of international society who uses ALKI (Indonesian Archipelago Sea Lanes). We must be able to preserve our assets, including ALKI.