25 Years of UNCLOS, Its Implementation For the Development of Law of the Sea in Indonesia.

The United Nations Convention on the Law of the Sea (UNCLOS) 1982 is an international agreement in the field of law of the sea which is the embodiment of efforts to realize a legal regime that regulates about 70% of the total surface of the earth and the growing role of the sea for human life, especially as a source of food, energy and raw materials. UNCLOS 1982 establishes the legal status of maritime zones such as inland waters, archipelagic waters and territorial seas which are areas under full sovereignty of coastal states, in contrast to exclusive economic zones not subject to full sovereignty of coastal states. and in accordance with Article 56 coastal States can only enjoy sovereign rights over their natural resources and not sovereignty as applies to their national territorial waters.

In addition to territorial seas and exclusive economic zones, in UNCLOS 1982 there are also rules regarding the high seas. The high seas are open to all states, both coastal and non-coastal states, and freedom on the high seas regulated in Article 87 includes: freedom of sailing, freedom of flight, freedom to install cables and pipes under the sea, freedom to build artificial islands and other installations, freedom to fish, and freedom of scientific research. All of the above freedoms must be exercised by each state by heeding the interests of other states in exercising the same freedoms with due regard to the rights in this 1982 UNCLOS which are related to activities in the Area.

Indonesia had ratified the 1982 UNCLOS with Law Number 17 of 1985. As a result of the ratification has caused various obligations for Indonesia. For this reason, for example UNCLOS 1982 imposes certain obligations on coastal states regarding fisheries in exclusive economic zones, that is, if a reserve of the same type of fish is in two exclusive economic zones of two or more coastal states. Prior to the ratification, Indonesia had laws relating to the sea, including Law No. 1 of 1973 concerning Continental Shelf and Law No. 5 of 1983 concerning Exclusive Economic Zones.

UNCLOS 1982 was a very long process, beginning with the Third Sea Law Conference which took place in 1973 in Venezuela and then finally ended in Jamaica with the opening of the convention to be signed on 10 December 1982. This marked the culmination of more than 14 years of work involving participation by more than 150 countries representing all regions of the world, all legal and political systems and the spectrum of social / economic development. UNCLOS 1982 entered into force 12 months after the date of deposit of the sixtieth instrument of ratification or accession on 16 November 1994, in accordance with article 308. At present, UNCLOS 1982 is a globally recognized regime that handles all matters relating to the law of the sea consisting of 320 articles and nine appendices, which regulate all aspects of marine space, such as restrictions, environmental control, marine scientific research, economic and commercial activities, technology transfer and dispute resolution related to ocean issues.

In its development, Indonesia has also set regulations in the field of maritime that adjusts to the provisions of UNCLOS 1982. These regulations include Law Number 6 of 1996 concerning Indonesian Waters and Law Number 45 of 2009 concerning Fisheries which is an amendment to the Law Law Number 31 of 2004. The government also established a new ministry, the Coordinating Ministry for Maritime Affairs and Investments, with the hope that this ministry would be able to emphasize Indonesia's position as a maritime nation.