Law No. 4/2010 on the Endorsement of Treaty Between the Republic of Indonesia and the Republic of Singapore Relating to the Delimitation of the Territorial Seas of the Two Countries in the Western Part of the Strait of Singapore, 2009

GOVERNMENT REGULATIONS THE ENDORSEMENT OF TREATY BETWEEN THE REPUBLIC OF INDONESIA AND THE REPUBLIC OF SINGAPORE RELATING TO THE DELIMINATION OF THE TERRITORIAL SEAS OF THE TWO COUNTRIES IN THE WESTERN PART OF THE STRAIT OF SINGAPORE, 2009 (law No. 4/2010 dated June 22, 2010) BY THE GRACE OF ALMIGHTY GOn THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that the Unitary State of the Republic of lndone sia as a maritime state with national character istics has sovereignty over its territory including territorial sea, to be managed and used for the greatest benefit of the welfare and prosperity for the Indonesian people as mandated by the 1945 Constitution; b. that pursuant to the United Nations Convention on the Law of the Sea, 1982 ratified by Indonesia through Law No. 17/1985 and pursuant to Law No. 6/1996 on Indonesian Waters, Indonesia has the obligation to determine its maritime borders through negotiations; c. that on March 10,2009, Indonesia signed a Trea­ ty between the Republic of Indonesia and the Re­ public of Singapore relating to the Delimitation of the Territorrel Sell of the Two Countries in the Western Part of the Strait of Singapore, 2009 in Jakarta; d. rhat the Traa tv ralatinq to the Delimitation of the Territorial Sea of the Two Countries in the West em Pctrl ul the Strait or Singapore by the Govern ment of the Republic of Indonesia is meant to af­ firm the sovereign territory of the Unitary State of the Republic of Indonesia, ensure legal certainty, activities of state apparatuses at sea, as well as to better affirm Nipa Island as an island which has a base point used as the basis to determine the maritime borders of the Republic of Indonesia; e. that the treaty between the Republic of Indonesia and the Republic of Singapore is made p ur s uarit to the United Nations Convention on the Law of the Sea, 1982 which recognizes the territory of Maritime State which has significant meaning for the sovereignty of the Unitary State of the Re­ public of Indonesia and serves as a manifestation of National Outlook; f. that based on considerations as referred to in let ter a, letter b, letter c, letter d. and letter e, it is nec e ssery to enact e law on the endorsement of the Treaty between the Republic of Indonesia and the Republic of Singapore relating to the Deurruta 38 GOVERNMENT REGULATIONS 2 (Bintan Island-South Ledge/Middle Rock/ Pedra Branca). The delimitation of territorial seas in the western part of the Strait of Singapore with the Republic of Singapore is needed by the Government of the Republic of Indonesia to give legal certainty about the sovereign ter­ ritory of the Unitar v State uf the Republic of Indonesia. In relation to the interests of Indo­ nesia in the area, the Strait of Singapore has very high strategi c value considering that the strait serves as a quite busy international sea lane which connects the European Continent to Southeast Asia, East Asia and the Pacific. For Indonesia, the Strait of Singapore also serves as the artery of the Indonesian ship­ ping lane to the rest of the world. In addition, the delimitation of territorial seas of this area also confirms the use of base points in Nipa Island as the basis for the de­ limitation of maritime boundary lines of the Republic of Indonesia. Nipa Island which is lo­ cated at a coo rdinate of 01 009' 13" Northern Latitude and 103 039' 11" Eastern Longitude, is one of the islands which have two base points of base line of the Indonesian islands (No. 175 and No. 176) under Government Regulation No. 38/2002 as already revised by Government Regulation No. 37/2008. Government Requlation No. 37/2008 has been registered with the Secretary General of the United Nations pursuant to the United Nations Convention on the Law of the Sea, 1982). The delimitation of territorial seas in the wp.stp.rn part of thp. Strait of Singapore be­ tween the Republic of Indonesia and the Re­ publi c of Singapore has basically benefited the Republic of Indonesia in various aspects, namely: a. the existence of clear territorial sea boundary lines so that they ensure legal certainty; b. facilitating the effort to supervise and up­ hold state sovereignty in territorial seas; c. facilitating the effort made by Indonesia as a littoral state to ensure the safety of navigation lane in the Strait of Singa­ pore; and d. increasing good relations between the two countries. 2. The process of negotiating on the delimita­ tion of Territorial Seas in the Western Part of the Strait of Singapore between the Republic of Indonesia and the Republic of Singapore. Negotiations on the delimitation of territorial seas in the western part of the Strait of Sin­ gapore with the nepublic of Singapore were started on February 28, 2005, and ended on March 10, 2009 when the foreign ministers Business News 8'!5C ,'95-2C~i 41 of the two countries signed a Treaty in Ja­ karta between the Republic of Indonesia and the Republic of Singapore relating to the Delimitation of Territorial Seas of the Two Countries in the Western Part of the Strait of Singapore. During the process of negotiations, Indonesia has always bClsed its rnsition on the Unit eri Nations Convention on the Law of the Sea, 1952, rejec ted Ltl~ u:>~ uf reclamation r~­ suits as the basis for delimitation, and used the reference of original map of 1973 and base points of Indonesia in Nipa Island and the base line of the Indonesian islands drawn from Nipa Island to Karimun Kecil Island. 3. The main points of the content of Treaty be­ tween the Republic of Indonesia and the Re­ public of Singapore relating to the Delimita tion of Territorial Seas of the Two Countries in the Western Part of the Strait of Singa­ pore. Article 1 of the Treaty between the Republ ic of Indonesia and the Republic of Singapore relat­ ing to the Delimitation of Territorial Seas of the Two Countries in the Western Part of the Strait of Singapore governs coordinate points and lines linking them as the borderline of the territorial seas of the two countries. The coordinate points are calculated using the World Geodetic System 198'1 Datum (WGS84\ end streight lines link ing each coordinate line: 1(l U10'46.0"North­ ern Latitude, 103°40'14.6" Eastern l.onqitudel: 1A( 1 ° 11' 17 A" Northern Latitude, 103 039'38.5" Eastern Longitude]; 1B( 1 ° 11 '55.5 "Northern Latitude, 103 °34'20A"Eastern Longi tude); and 1C(1°11'43.8"Northern Latitude, 103°34'00.0"Eastern Longitude) as depicted in At tachrnerrt "A" to t his Trnat v. Article 1 also stipulates that the delimitation o I ac t ual locatiur rs of LIi~ cuor d.ncte points ubuve will be decided through a method to be jointly approved by the authorized officials of the two countries. Pursuant to the regulation prevailing in Indonesia are the National Survey and Mapping Coordinating Board and the Hydro-Oceanographic Unit of the Indonesian Naval Force. Article 2 states that the boundary lines of the Treaty between the Republic of Indonesia and the Republic of Singapore relating to the Dalimitc­ tion of Territorial Seas of the Two Countries in the Strait of Singapore signed on May 25, 1973 and the territorial sea boundary lines in the west­ ern segment of the Strait of Singapore signed on March 10, 2009 are drawn in Attachment "8" to this Treaty. Article 3 stipulates the method of peaceful settlement through discussions or neqotiations in case of dispute arising from the intp-rrrf'tRtinn or implementation of the treaty between the two countries. 42 Article 4 and Article 5 stipulate that each country needs to ratify the treaty. The ratification charter will later be exchanged and the exchange date of ratification charter is declared as the date when the treaty begins to take effect. II. ARTICLE BY ARTICLE Article 1 Sufficiently clear. Article 2 Sufficiently clear. SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA NO. 5138 (8) Business News 8150/9-5-2011 43