Journal

1. Delimitation of Exclusive Economic Zone in Managing Strategies for
the Outermost Small Islands in the North Sulawesi Province
(DELIMITASI ZONA EKONOMI EKSKLUSIF SEBAGAI STRATEGI PENGELOLAAN
PULAU-PULAU KECIL TERLUAR DI PROVINSI SULAWESI UTARA1
Denny B.A. Karwur2, Dietriech G. Bengen3, Rokhmin Dahuri4, Daniel R.
Monintja5, Victor Ph. Nikijuluw6 dan Maria F. Indrati7.
ABSTRAK
Pulau-pulau kecil wilayah perbatasan memiliki potensi sangat besar dalam menunjang
pembangunan nasional. Penentuan kebijakan pengelolaan merupakan hal yang sangat
penting, karena keberadaan (eksistensi) sumberdaya kelautan perbatasan sangat
strategis. Pulau-pulau di daerah perbatasan wilayah negara rentan terhadap intervensi
negara lain, dan kejahatan transnasional. Konsep kebijakan pembangunan pulau-pulau
kecil di Indonesia harus direncanakan dan dilaksanakan secara terpadu untuk
pembangunan kesejahteraan bangsa dan negara Indonesia. Wilayah Indonesia bagian
utara yang berbatasan dengan negara Filipina, Provinsi Sulawesi Utara, penting untuk
keterpaduan pengelolaan pulau kecil didaerah perbatasan dan penegakan hukum
Indonesia. Elemen sasaran, elemen dan strategi menegaskan penetapan batas negara
(delimitasi) khususnya Zona Ekonomi Eksklusif, antara negara Indonesia dan Filipina
yang tumpang tindih untuk mengoptimalkan pengelolaan sumberdaya alam. Rancangan
Undang-Undang tentang Pulau-Pulau Kecil Perbatasan Negara serta pemberian
kewenangan kepada pemerintah daerah melaksanakan tugas pembantuan pengelolaan
wilayah perbatasan. Menyatakan Pulau-Pulau Kecil di wilayah perbatasan sebagai Pulau
Negara dan diterbitkanSertifikat khusus.
Kata Kunci : Hukum Pesisir, Delimitasi ZEEI, Sertifikat Pulau Negara.
1
This paper is part of the PhD dissertation submitted to the Graduate School Seminar IPB Doctoral
Program Student IPB Management
2
Doctoral Program Student IPB Management Studies Program Coastal and Marine Resource
3
Supervision Commission Chairman Professor of Faculty of Fisheries and Marine Science IPB
4
Members of the Commission Supervising Professor Faculty of Fisheries and Marine Science IPB
5
Members of the Commission Supervising Professor Faculty of Fisheries and Marine Science IPB
6
Members of the Commission Supervising Director of Business and Investment Ministry of Maritime
Affairs and Fisheries
7
Members of the Commission Supervising Professor, University of Indonesia Faculty of Law and Justice
of the Constitutional Court.

2. I. Introduction
Republic of Indonesia as an archipelago (archipelagic state) is characterized
by having sovereignty over the archipelago and the region has sovereign rights
outside the sovereign territory to be managed and utilized as much as possible for the
prosperity of the people of Indonesia. Constitution of the Republic of Indonesia Year
1945 Section 25A mandates that the Unitary Republic of Indonesia is an archipelagic
country located geographically limit the cross position between the Pacific and Indian
Ocean coast with a length of 95,181 km2 and the sea areas covering 5.8 million km2
and consists of about 17,480 islands, and all productive tropical marine ecosystems.
Coastal zones and small islands of habitat diversity of Indonesia has a very high, has
the potential of natural resources and environmental services is very large marine,
which can be recovered (renewable resources), and cannot be recovered (non-
renewable resources).
Coastal ecosystems and marine ecosystems is the location of several unique
and dynamically interconnected and productive. Major ecosystems that are
permanently or periodically covered with water and formed through natural processes
such as coral reef ecosystems (coral reef), fish (fish), seaweed (seaweed), sea grass
(sea grass beds), sandy beaches (sandy beach), rocky shore (rocky beach), mangrove
forest (mangrove forest), estuary, lagoons, deltas and small islands.
Small islands have a tremendous potential in supporting national development
so that the determination of policy because of the use (existence) of marine resources
to be strategic. Therefore, the concept of development policies of small islands in
Indonesia are planned, based on the principle of conservation of nature and
environmental sustainability there; so important to the development of an integrated
development activities on small islands become the factor of the small islands of
Indonesia on an ongoing basis.
Stand of the management framework that small islands are strategically so
that the outermost of the border state research and management of small island linked
to policy and law enforcement need to be investigated by analyzing the potential and

3. problems that cover aspects of natural resources, social, economic, cultural, legal and
institutions including the defense and security.
In general, the existing problems in coastal and marine areas, including small
islands can be described as a chronic disease due to resource exploitation and
utilization had been going on since the first, and do not pay attention resources and
environmental sustainability, among other things: marine fisheries, mining,
settlements, port, tourism, etc., so that activities that exceed the environmental
carrying capacity causes of conflict and disease coastal (coastal disease).
The border region is a strategic area in maintaining the integrity of territory of
the State, it also required special arrangements. Setting the boundaries of the State
area is intended to provide legal certainty regarding the scope of the country, the
management authority of the State Region, and sovereign rights. Countries concerned
to participate regulate the management and use of high seas and international seabed
in accordance with international law. Utilization in the open sea and the seabed
include natural resources management, marine environmental protection and safety of
navigation. State Area Management approach conducted with the welfare, safety and
environmental sustainability together. Approach to managing security in the sense of
territory of the State to guarantee the territorial integrity and sovereignty of the state
and protection of all nations. Government and Local Government to be very
important related to the implementation of government functions in accordance with
the principle of regional autonomy in managing development.
II. Research Methods
2.1 Place of Research
Research conducted in the District and Sangihe Talaud Islands in North
Sulawesi province. Location selected for the study is very interesting because it
directly with the countries bordering the Philippines.

4. 2.2 Analytical Hierarchy Process method (AHP)
Policy analysis using Analytical Hierarchy Process (AHP) for decision
making developed by Thomas L. Saaty. This method of structuring the problem in the
form of hierarchy and include considerations to produce relative priority scale. (Saaty
2003). Formulation of the problem of producing information about the conditions that
lead to policy issues.
Table 1 Determination of alternative targets and implementation of law design
No Sasaran Alternatif
1 Pilihan rancang bangun hukum Perundang-undangan
dan pelaksanaannya 1.1 Internasional
1.2 Nasional
1.3 Regional
1.4 Kearifan lokal, adat / tradisional
2 Pilihan pengelolaan pulau-pulau 2.1 Pola konservasi
kecil 2.2 Pola adat istiadat
2.3 Pola usaha
3 Pilihan target pengelolaan 3.1 Pasar lokal / nasional
sumberdaya 3.2 Swadaya masyarakat
3.3 Investasi
3.4. Swakelola
4 Pilihan kelembagaan 4.1 Pola konservasi
4.2 Pola pemberdayaan
4.3 Pola kemitraan
5 Pilihan hukum 5.1 Kebijakan nasional
5.2 Kebijakan regional
5.3 Kebijakan sektoral
5.4 Adat kebiasaan/tradisional
2.3 SWOT Analysis Method
SWOT analysis as a tool of strategic formulation, SWOT analysis is to
identify the various factors to formulate a systematic strategy. This analysis is based
on the logic that can maximize the power (Strengths) and opportunities
(Opportunities), but at the same time can minimize the weaknesses (Weaknesses) and
threats (Threats). Strategic decision-making process is always associated with the
development of mission, goals, strategies, and government policies in the field of law.
Thus, strategic planners (strategic planner) to analyze strategic factors of government
(strengths, weaknesses, opportunities and threats) in conditions that exist today. This
is called the Situation Analysis. The most popular model for the analysis of the

5. situation is a SWOT analysis (Rangkuti, 1997). Government policy and local
governments in determining policy strategy of small islands on the outer frontiers of
the state. Based on a SWOT analysis, can make decisions determining the State
Regional Strategy in the Exclusive Economic Zone, especially between countries of
Indonesia and the Philippines.
2.4 Diaknosis and Therapy Analysis of Law
Legal approach uses analysis: Diagnosis and Therapy Analysis of Law
(DTAL), qualitatively, to the laws and regulations of national, regional and
indigenous (traditional) law, including international law ratification. Data obtained in
the study were analyzed with DTAL through approaches, namely: (1) the historical
approach (historical approach), (2) approach the law (statue approach), (3) Approach
the case (case approach), (4) comparative approach (comparative approach) and (5)
conceptual approach ( conceptual approach).
III. LITERATURE REVIEW
3.1 Law of the Sea Indonesia
The position of Indonesia as an archipelago (archipelagic state) has been
recognized since Indonesia ratified the United Nations on December 31, 1985
through Act No.17 of 1985 on the Ratification of the United Nations Convention on
the Law of the Sea in 1982. This Convention has given recognition to the status of
Indonesia as an archipelagic country, by setting the outer limits of the various
maritime zones, with maximum limits are set as follows:
• Territorial Sea as part of the country: 12 miles
• Additional zone where the state has special jurisdiction: 24 nautical miles
• Exclusive Economic Zone (EEZ): 200 nautical miles, and
• Landing continent: between 200-350 nautical miles or up to 100 nautical miles from
the isobath (depth) 2500 meters.

6. Exclusive Economic Zone (EEZ) and continental shelf (LK) Indonesia has
sovereign rights to exploit the wealth of resources. As an archipelagic state has the
right to establish Indonesia archipelagic waters on the inside of the base lines islands
and inland waters in islands waters, and the maritime zones should be measured from
the base lines or base lines.
With the promulgation of Law No. 6 / 1996 on the waters of Indonesia on
August 8, 1996, it has explicitly set the outer limits (outer limits) of sovereignty and
jurisdiction of Indonesia in the sea, including providing the basis in determining the
boundary line (boundary) with the neighboring countries that border. The Act has
been completed by Government Regulation no. 38 of 2002 on List of Geographic
Coordinates The base points of the Indonesian Archipelago The base line.
Indonesia as an archipelagic country, in the sense of the sea has a meaning as a whole
region, has two main aspects of security (security) and prosperity (prosperity), thus
setting the outer limits of the jurisdiction of the state territory in the sea with its
neighboring countries need to be implemented . The delimitation of legal certainty
that can support various development activities in the field of national defense and
security, fisheries, tourism, shipping, mining such as: exploration and exploitation of
minerals, gas and seabed beneath the ground, including inheritance sinking cargo
ship, and so forth. Completion of territorial boundaries and jurisdiction of the state of
the sea must be able to show upholding the authority of the Republic of Indonesia as
a free and sovereign, the realization of security, economy and advanced technology to
improve public welfare through the management of coastal and marine areas
integrated.
3.2 Islands and small islands
Definition of the island in Article 121 UNCLOS, is the land that formed
naturally surrounded by water and on the surface of the water at high tide. While the
definition of the island as stated in Law No. 17 of 1985 (Chapter VIII of Article 121
paragraph 1) that: The island is a land mass formed by nature, surrounded by water
and always be / appear above the high tide level. Meanwhile, small islands literally a

7. collection of small islands that functionally interact with each other in terms of
ecological, economic, social and cultural. This interaction causes the small islands are
separate from the parent island (mainland). Characteristics of small islands are very
prominent according to Griffith and Inniss (1992) and Beller, 1990) is:
• separate from the main island habitats that are insular
• have a fresh water supply is very limited, including ground water or surface water
• vulnerable to external disturbances, whether natural or due to human activities
• have endemic species that have high ecological functions, and
• do not have the hinterland regions.
Small islands also has a very important role for humans, such as influencing
the global climate, hydrological cycle, Biogeochemistry, and absorbing wastes
(Dahuri 1998). Small islands also provide other benefits to human life such as the use
of environmental services for business tourism, aquaculture, which can increase
revenue and foreign exchange, as well as a place that holds plasma nuftah.
3.3 Potential of Small Islands Outlying
Small islands is the outermost territory of the Republic of Indonesia (NKRI)
which borders with neighboring countries, so that the existence of strategic
significance in the development process. According to Dahuri (1998), the potential
for border islands can be grouped into three, namely (1) the potential of natural
resources and environmental services, (2) economic potential, and (3) the potential
for national defense business.
Problems occurred in small islands is a condition outer relatively isolated and
distant from the main island, limited facilities and economic infrastructure such as
roads, ports, markets, electricity, banking institutions, so that welfare and low-income
communities, the quality of human resources low due to lack of educational facilities,
information and communications and health facilities (Bengen 2004).
Management of Coastal Areas and Small Islands in accordance with Article 5 and 6
of Act No. 27 of 2007, including planning activities, utilization, supervision and

8. control of human interaction in the use of Coastal Resources and Small Islands as
well as natural processes in an effort to continually improve the welfare of society
and maintain the integrity of the Unitary Republic of Indonesia.
Management of Coastal Areas and Small Islands must be done by integrating
activities: (a). between the Government and Local Government; (b). between the
Regional Government; (c). between sectors; (d). between Government, Business, and
Society; (e). between terrestrial ecosystem and marine ecosystem, and (f). between
science and management principles.
IV. Results and Discussion
Small islands is the outermost territory of the Republic of Indonesia (NKRI)
which borders with neighboring countries, so that the existence of strategic
significance in the development process. Potential border islands can be grouped into
three, namely (1) the potential of natural resources and environmental services, (2)
economic potential, and (3) the potential for national defense.
4.1 Results Evaluation Analysis External Factors
External factor evaluation is done by giving weight, rank and scores on each
factor. External factor evaluation matrix can be seen in Table 1 below:
Table 1 External Factor Evaluation Matrix
Internal Factor Score Rank Score
PELUANG
0.107 0.533 0.272
Kebijakan pemerintah dalam pemberian otoritas pengelolaan wilayah 0.115 2.133 0.246
Meningkatnya kebutuhan pasar lokal dan internasional terhadap hasil 0.099 2.267 0.225
sumber daya alam
Konvensi Internasional terhadap hukum laut Indonesia 0.105 2.733 0.288
Kerjasama bilateral antara Indonesia dengan negara tetangga 0.113 2.933 0.332
Kebijakan pemerintah untuk membentuk kelembagaan dalam 0.121 3.000 0.363
pengelolaan pulau-pulau kecil terluar.
Jumlah 1.726
ANCAMAN
Belum ada penetapan batas laut yang disepakati bersama (ZEE) 0.113 1.733 0.197
Masih lemahnya respon pengawasan perbatasan laut antar negara 0.126 1.733 0.218
Adanya konflik kepentingan antar stakeholer dalam pengelolaan pulau- 0.099 2.000 0.199
pulau kecil terluar.
Jumlah 0.613
Total 2.339

9. Based on Table 1, the value of external factor score management of small
islands in the outer provinces of North Sulawesi is 2339. The level of interest most of
the external factor is the response to the sea border controls between countries that
have weight 0126. Response weak supervision needs to be corrected by the law
enforcement and institutional capacity building in the management of work units
small islands of the outer village level, District, County / City, Province, until the
national level. Oversight and enforcement are needed in order to obtain legal certainty
in safeguarding the interests of the state of foreign interference. Meanwhile, the
institutional capacity in the field of law enforcement management of small islands
need to be increased so that the outermost materialized enforcement legislation,
supervision, monitoring, security, and defense and security of both regions and
resources.
External factors above are also supported by government policy to establish
institutions in the management of small islands which are the outermost second
priority of the external factors that can be used to improve the management of small
islands in the outer provinces of North Sulawesi with 0121 weights. With institutional
established under Presidential Decree No. 78 of 2005 is expected every related
institution capable of effective institutional coordination and be able to play a role
according to authorities.
Other external factors are opportunities in improving the management of
small islands such as the outermost of national policies to encourage investment,
government policy in the provision of management authority areas, increasing
demand for domestic and international markets for the natural resources, the
International Convention against the law of Indonesia's marine and bilateral
cooperation between Indonesia and neighboring countries. These factors can be
utilized so the opportunity and support for improving the management of small
islands of the outer, but the role is to direct the legal and institutional aspects.
Bilateral cooperation between Indonesia and neighboring countries especially the
Philippines. Besides the threat of increased management of small islands, the
outermost is no sea delimitation agreed (EEZ) with a weight of 0113. This needs to

10. be resolved and agreed with the political efforts and diplomatic. Stakeholder conflict
of interest between the management of small islands with a weight of the outermost
0099 can be a threat in the management of small islands, causing the outer because of
lack of clarity about the conflict of authority between agencies and between central
and local government. Therefore, the required integration in the management of small
islands outer.
4.2 Result Analysis Internal Factor Evaluation
Internal factor evaluation is done by giving weight, rank and weighted score.
The weight indicates the level of interest. Internal factor evaluation matrix can be
seen in Table 2 below:
Table 2 Internal Factor Evaluation Matrix
FAKTOR INTERNAL BOBOT PERINGKAT SKOR
KEKUATAN
1. Adanya program dari pemerintah daerah untuk pembangunan pulau-
pulau kecil terluar 0.119 3.133 0.373
2. Posisi geografis yang cukup strategis 0.105 3.200 0.335
3. Sumber daya alam dan jasa lingkungan kelautan yang besar 0.105 2.667 0.279
Jumlah 0.987
KELEMAHAN
Keterpencilan pulau-pulau kecil terluar 0.100 2.200 0.220
Terbatasnya sarana dan prasarana perekonomian. 0.115 2.133 0.245
Terbatasnya sarana prasarana sosial 0.113 2.067 0.234
Lemahnya koordinasi antar lembaga 0.116 2.200 0.256
Belum adanya UU yang khusus mengenai pulau-pulau kecil terluar 0.103 2.133 0.219
Kontrol Pendanaan yang lemah 0.125 2.067 0.258
Jumlah 1.431
Total 2.418
Based on Table 2, the total score of internal strategic factors have 2418
numbers. This indicates that the internal strategic factors are in a weak position. Thus
the state of the internal factors the management of small islands in the outer provinces
of North Sulawesi, weak.
Internal power factor is considered to have a major role in the management of
small islands is the outermost of the government program for the development of
small islands with a weight outer 0119. Government programs that have been
established for the development of small islands to motivate and support to relevant

11. institutions in improving the management of small islands in a sustainable outermost.
However, the internal power factors above are related to factors internal weaknesses
that have the first interest rate financing is a weak controls with 0125 weights.
Funding becomes an important factor because it is a budget for the activities of
regional management of small islands and outermost infrastructure development.
Infrastructure constraints on social and economic factors are quite dominant
weakness weighing 0113 and 0115. The existence of facilities and infrastructure that
is done by providing the infrastructure devices are supporting the development of
small islands and outermost a great effect on the smooth implementation of
development programs.
4.3 Results Analysis Diagnosis and Therapy of Law
Formulation of the National Marine Policy is based on legislation and related
policies in line with the development of Indonesian history in an effort to regulate and
organize national and state life. Legal analysis done by 5 (five) approaches, namely:
(1) the historical approach (historical approach), (2) approach the law (statue
approach), (3) Approach the case (case approach), (4) comparative approach
(Comparative approach) and (5) the conceptual approach (conceptual approach).
History Tabukan Kingdom is the oldest kingdom in the 15th century in the Sangihe
and Talaud, the Kingdom of the Sangihe until the early 20th century includes the
islands of the Kingdom Tabukan Talaud that is, Manganitu, Kendahe-Tahuna Siau
and Tagulandang. Kingdom of the territory to the Kingdom Kendahe Philippines, in
Mindanao which is the Kingdom of Mindanau Cabbage. Kendahe kingdom separated
from Tubis include shoulders, Talawid, Kendahe, Kolongan, Batuwukala and the
surrounding islands, including Kawio, Lipang, Miangas to South Mindanau. Spain
controlled the Philippines to the south in Zamboanga (1635), to control the sea trade
crossings of the Moluccas in 1635, and has a stronghold on the island of Siau as
liaison and channel port of Manila to the Moluccas voyage san vice versa.
After the year 1663 Spain has a target to control the indigenous peoples in Mindanao
to the South Islands of the Philippines, while the Netherlands to strengthen its

12. position in northern Indonesia, especially the Moluccas (1663) and North Sulawesi
(1664). Dutch controlled the island since 1677 Miangas until the dissolution of the
VOC in 1799, then the Philippines since 1891 to enter into the territory Miangas with
a map of La Palmas in the Philippines. Dutch Miangas pose problems to the
International Arbitration Court with Judge Max Huber at the date of 4 April 1928 and
then decided to belong to legitimate Miangas Netherlands (Dutch Indies). Philippines
then accept the decision. Border with the Philippines, particularly in the south of the
island of Mindanao Merampit, Mianggas, and Marore that the Philippines is
considered to be in the waters belonging to the Spanish-American agreement in 1898,
returned to the Netherlands. Round Table Conference is a meeting between the
Government of the Republic of Indonesia and the Netherlands held in The Hague,
Netherlands from 23 August to 2 November 1949.
One outcome of the Round Table Conference (RTC) is a receipt is the
sovereignty of the Dutch colonial government to the Republic of Indonesia United
States, except for West Papua. Indonesian territory in the increase in development
experienced a very large area. first time with the Maritime Territoriale Zee en
Kringen Ordinance (TZMKO) 1939. The next fight for the conception of the
Government of Indonesia Archipelago from Djuanda Declaration, the negotiations
with neighboring countries, until in the end accepted the concept of State Island in the
United Nations Convention on the Law of the Sea in 1982 (United Nations
Convention on the Law of the Sea / UNCLOS '82).
Based on TZMKO conception in 1939, a wide sea area of Indonesian waters
covering only the sea lanes that surround each island or island of Indonesia which is
only 3 miles wide sea. Meanwhile, according to the 1945 Constitution, the territory of
Indonesia is not clearly pointed to his country boundaries. The territory of the
proclamation is the territory of the Dutch East Indies ex power, it is in line with the
international law principle of “uti possidetis juris”. And besides, the 1945
Constitution does not regulate the status of territorial sea.
Laws regarding territorial sea only been done formally in the year 1958 in the
Geneva Convention. In 1957, the Government of Indonesia through the Declaration

13. Djuanda, unilaterally announced / unilaterally that the wide sea area of Indonesia is
12 miles.
By Law No.4/Prp in 1960 on Indonesian Waters Area established provisions
of Indonesian territory-wide sea 12 nautical miles from the baseline straight. Islands
waters are surrounded by a line connecting the base of the outermost points of the
Outlying Islands of Indonesia. Since the Declaration Djuanda, the Government of
Indonesia continued to fight for conception Archipelagos in every negotiation
bilateral, trilateral, and multilateral cooperation with countries in the world or in any
international forums. Peak of diplomacy is conducted by the State receives Islands in
the 1982 UNCLOS. Through the Law No.17 year 1985, the Government of Indonesia
ratified / ratified UNCLOS in 1982 and officially became the state party.
As a follow-up of the ratification of UNCLOS in 1982, the Government of Indonesia
has issued Law No. 6 of 1996 on Indonesian Waters and the Government Regulation
no. 38 year 2002 about Code Geographic Coordinate Point The base line of the
Indonesian archipelago. Two of these legal basis, especially PP No.38 of 2002, has
lined the territorial waters of Indonesia since the lifting of Law No. 4 Prp in 1960 by
Act No.6 of 1996. Next to the promulgation of Law No. 43 Year 2008 on Indonesian
territory of the State has no boundaries clear waters. For Indonesia, the 1982
UNCLOS is a milestone of great importance, namely as a form of international
recognition of the concept of Archipelagos have initiated since 1957.Condition
territory outer islands in Indonesia is very complex in terms of resource management
aspects and that there is primarily associated with development activities in the
development of small islands. Potential possessed by the outer islands are very good,
unique, because if not protected very well the potential conflicts between citizens and
between districts / cities, provinces and even between countries.
Organized for the preparation of a draft law pattern of small islands in outer
Indonesia became the focus areas where geographical borders directly between
Indonesia and the State of the State Philippines, in North Sulawesi Province.
Maritime boundary Indonesia - The Philippines so far has not been determined, the
bilateral meetings involving the two countries within the framework of maritime

14. boundaries are still being implemented, with agendas for mecapai formal agreement.
Geographical position of Indonesia and the Philippines are still having problems, so
that the border agreement to be made is the addition zone, exclusive economic zone
and continental shelf.
This is due to the outer islands distance between the two countries more than
24 nautical miles. Long lines and continental shelf boundaries Indonesian Exclusive
Economic Zone - the Philippines in the Sulawesi Sea approximately 510 nautical
miles, and the Exclusive Economic Zone area of about 81,980 square nautical miles.
Widest distance between the opposite shore about 315 nautical miles and the shortest
distance of 39 nautical miles between the islands of Indonesia and Marore Saranggani
Island in the Philippines. The Indonesian government continued to show a territorial
jurisdiction in the border area on the island Miangas Talaud Islands, and islands in the
archipelago Marore Sangihe regency, North Sulawesi, mainly conducted through
economic development (prosperity approach). Serious attention is devoted by the
central government so that is not a crucial issue in the future.
Law Number 43 Year 2008 on the territory of the State. In Article 1 point 9
stated that the Indonesian continental shelf is the seabed and cover the ground from
an area below sea outside the territorial sea, as long as the natural continuation of the
land area to the outside edge of the continental shelf edge, or up to a distance of 200
nautical miles from the line base where the width of the territorial sea is measured, in
terms of outer periphery edge of the continental shelf does not reach the distance,
until at least 350 nautical miles away to a distance of 100 nautical miles from the line
depth of 2500 meters. Addressing the provisions of Article 1 point 9 is the provision
of the continental shelf boundary is still not be implemented or fully referenced. This
means that the conflict is still possible on the recognition of Indonesia and its
neighboring countries.
Based on the expected results in the concept Delimitation Indonesian
Exclusive Economic Zone as Management Strategies for Small Islands in the border
areas and the concept of legislation that specifically regulates the small islands of the
outer border of the state.

15. V. Conclusion and Suggestions
5.1 Conclusion
Law design border islands is an important part of state security. Basic law of
the country has been regulated in Law Number 43 Year 2008 on the territory of the
State who became known to the legal basis for the international community,
particularly countries bordering Indonesia, that the territory of the Unitary Republic
of Indonesia. Based on the above description, the researcher can bring a number of
conclusions, as follows:
1 Indonesian marine development is an integral part of national development,
and also the development of national sovereignty and jurisdiction in the sea, to
be utilized and exploited for the welfare of the Indonesian nation.
2 EEZ as a concept developed by the Latin countries, is an area as far as 200
miles beyond the territorial sea of each country where the right to exercise the
right and jurisdiction.
3 In the EEZ area is located between Indonesia and the Philippines a number of
violations / crimes, both illegal fishing, smuggling and other violations.
4 State practice regarding the determination of boundaries, EEZ area between
Indonesia and the Philippines can be done with the approval and based on the
principle of equal distance (equitable principles).
5 Setting constraints EEZ boundary between Indonesia and the Philippines, is a
juridical technical problems, the rights of traditional fisheries, navigation
routes, factors and socio-cultural simultaneously setting the EEZ and
continental shelf.
5.2. Advice
Based on a number of conclusions are, it can be put forward some suggestions
as follows:
1 Government of Indonesia and the Philippines to tighten security area of
violation acts / crimes that occurred.

16. 2 Initiating done immediately EEZ delimitation agreement by the government
of Indonesia and the Philippines.
3 Rule legislation existing regulations set forth in the form of PP
implementation, the Presidential Decree, decrees, etc., as applicable legal
umbrella vertically or horizontally
4 Law of the Sea Convention 1982 applicable in Indonesia must have a
blueprint of development of marine
5 Issuance of Certificate of State Island to the islands of the border region.
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