Fallaguna, Fadly (2023) Analisis Yuridis Tentang Sengketa Kedudukan Pulau Pasir Antara Indonesia Dan Australia Ditinjau Dari United Nation Convention On The Law Of The Sea (unclos 1982). Other thesis, Universitas Islam Riau.

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Abstract

The Indonesian government's lack of attention to the uninhabited outer islands has caused some of them to be claimed as belonging to other countries. One of the islands whose ownership status is unclear is Pasir Island, which is claimed by Australia. Pasir Island or Ashmore Reef as Australia or the people of Rote Island, often referred to as Nusa Solokaek, is a group of small uninhabited islands with an area of 583 km2 and is located in the south of Rote Island between Rote Island and Australia. This study aims to find out how to resolve disputes over the status of Pasir Island between Indonesia and Australia in terms of the United Nation Convention on the Law of the Sea (UNCLOS 1982) and find out what are the inhibiting factors in resolving disputes over the position of Pasir Island between Indonesia and Australia. The research that the authors conducted included normative legal research with the specification of a documentation study, namely that the authors obtained data based on studies of documents from several books and other literature that the authors obtained through literature case studies or secondary data. In the results of the research that the authors conducted, it can be concluded that in the end Pasir Island was declared part of Australian territory as part of the British heritage to Australia in accordance with what was confirmed in the 1957 Djuanda Declaration through Law Number 4 of 1960. However, even so, Indonesian fishermen who those living around the area are still allowed to get their rights to carry out traditions and fishing as long as they do not violate Australian law. In addition, there were several inhibiting factors in resolving disputes including the ineffectiveness of the 1974 MoU box, the Indonesian Ministry of Foreign Affairs was considered not to understand the background of sand islands, disinformation regarding a number of countries ready to defend Indonesia from Australia regarding sand islands and the EEZ boundary between Indonesia and Australia had not been established.

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