PENGARUH LEPASNYA PROPINSI TIMOR TIMUR TERHADAP PERJANJIAN CELAH TIMOR (TIMOR GAP TREATY) ANTARA INDONESIA-AUSTRALIA

Mba Nggala, Rudolfus P. (2009) PENGARUH LEPASNYA PROPINSI TIMOR TIMUR TERHADAP PERJANJIAN CELAH TIMOR (TIMOR GAP TREATY) ANTARA INDONESIA-AUSTRALIA. S2 thesis, UAJY.

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Abstract

The making of this thesis entitled "The Effects of the Lost of The East Timor Province toward the Timor Gap Treaty between Indonesia - Australia" is aimed to analyze and evaluate how are the effects of the lost of the East Timor province toward the Timor Gap Treaty between Indonesia- Australia that has been analyzed by using the Theory about The Nation and its sovereignty, the Theory about the International Treaty, and the Theory of Nation's Succession. This research is a law research, that stressed on the norms of Law and the Law's fact that happened and qualitative in characteristics that means try to looking for the truth that based on the elements of law that has been existed. The data in this research is the data that has been found by using the method of the library study, then it is worked by the systematizing and then it has been explained and evaluated based on the related theories. Then the conclusion is made about the effects of the freedom of East Timor toward the continuity of the Timor Gap Treaty between Indonesia and Australia. The Timor Gap Treaty is a treaty between Indonesia and Australia about the Cooperative Zone in the area between the East Timor Province and the Northern Australia that are signed on December 11 1989, that arranged about the exploration and the exploitation of the oil and gas sources in the continental shelf that are located between the East Timor Province and the Northern Australia. Based on the theory of nation's succession and the International treaty after the East Timor is independent, Indonesia can not continue the Timor Gap Treaty because when the East Timor is independent, Indonesia has lost a part of the nation and the omission of the elements of the treaty. The elements of the treaty that are meant by are the objects that have been related on, namely the sea territorial ex-province of East Timor, that has been the part of the territorial of the nation of Republica Democratia de Timor Leste. Timor Leste as the new nation that are caused by the nation's succession for part of the country that related to the Timor Gap Treaty, so the nation of the Timor Leste that are not engaged to submissive or to be the party in the Timor Gap Treaty, the nation of the Timor Leste has the freedom to choose whether it will engage itself or not in the Timor Gap Treaty.

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