KEABSAHAN STATUS KEPEMILIKAN PULAU PASIR OLEH AUSTRALIA BERKAITAN DENGAN KEGIATAN NELAYAN TRADISIONAL BERDASARKAN UNCLOS 1982

CHRISTOFORUS, GORBACHEV (2015) KEABSAHAN STATUS KEPEMILIKAN PULAU PASIR OLEH AUSTRALIA BERKAITAN DENGAN KEGIATAN NELAYAN TRADISIONAL BERDASARKAN UNCLOS 1982. S1 thesis, UAJY.

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Abstract

The Republic of Indonesia as an archipelagic state and also as coastal state which has many outer island bordering directly with neighboring country. The territory around that outer islands is being used by indonesian traditional fisher in order to earn living for their family lifes. One of the Indonesian outer island which is until now, the legal status has still been uncleared namely Ashmore Reef (The Sand Island) claimed unilaterally by Australia. Ashmore Reef, geographically, is one of the outer island located in the South of Indonesia territory. The title of this paper is “The validity of Ashmore Reef legal status by Australia related to Indonesian traditional fisherman activities based on UNCLOS 1982”. The problem of this paper how is the validity of Ashmore Reef legal status by Australia related to Indonesian traditional fisherman activities based on UNCLOS 1982? kind of legal research used by the writer is normative legal research which focusing on positive law norm, including the constitution of regulation, in order to get secondary data consists of primary law material, secondary law material, and tertiary law material. The method of collecting data used by writer is literature studies with qualitative method as a method of analyzing data. The results of this legal writing can be concluded that, Australia has a strong legal evidence showing Ashmore Reef owned by Australian Government, this thing can be proved by hand overring colonial territory by England. On te other side, Indonesian has only historical evidence showing that traditional fisherman activities in Asmore Reef existed. The historical evidence is not enough as The Sand Island's owneship evidence, due to the fact that on the colonial era, Netherland was not doin administration activity in The Sand Island an according to Netherland government, The Sand Island is not included in the Netherland colonies.

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