COMPATIBILITY OF INDONESIA’S REGULATIONS ON SUBMARINE CABLE WITH UNCLOS 1982

Abstract

The special status of Exclusive Economic Zone of Indonesia (EEZ) raises a problem particularly related to the submarine cable laying activities. This study aims to analyze the compatibility of the marine location permit instrument under Law No. 32/2014 on Marine Affairs and Government Regulation No. 32/2019 on National Marine Spatial Planning (MSP) with UNCLOS 1982 in regulating submarine cable in the EEZ. This normative research shows that the marine location permit instrument regulating submarine cable laying activity in EEZ is incompatible with the provisions of UNCLOS 1982. In contrast, the MSP instrument is compatible and a suitable instrument to protect Indonesia's interests in the EEZ. The Government of Indonesia is advised to regulate an exemption clause for submarine cable installation in EEZ in the Draft of Government Regulation on Marine Location Permit; formulate and formalize ‘prior notification’ procedures by other countries in submarine cable laying activities in EEZ into laws and regulations; and publish the Government Regulation on Marine Spatial Planning and its annexes through the channels of relevant international organizations such as International Cable Protection Committee (ICPC) and Intergovernmental Oceanographic Commission (IOC).