Reafirmation of archipelagic state principle through the establishment of archipelagic region law in Indonesia

Abstract

Archipelagic regions characterized by vast ocean area and groups of small islands are dominant factor in affirming the identity of the Republic of Indonesia as an archipelagic state. However, it has not been sufficiently accommodated in Indonesian national legislation. The principle of an archipelagic state should be adopted mutatis-mutandis to be formulated in the management of autonomous regions, not only in Law Number 23 of 2014 concerning Regional Government which is lex generalis in nature, but also in the specificity of the administration of regional governance in archipelagic regions which is lex specialis. The “Principle of Archipelagic State” needs to be implemented into “Principle of Archipelagic Region” for regions with archipelagic characteristics. In this context, an Archipelagic Regional Law is very much needed to reinforce the identity of the Republic of Indonesia as an archipelagic country, and to overcome extraordinary development disparities between eastern Indonesia dominated by islands regions and western Indonesia dominated by large islands.