Peran Pasal UUD 1945 dalam Menentukan Batas Wilayah Negara

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The Constitution of the Republic of Indonesia (UUD 1945) serves as the fundamental legal framework for the nation, outlining the principles and structures that govern its governance and territorial integrity. Among its various provisions, Article 2 of the UUD 1945 holds significant importance in defining the boundaries of Indonesian territory. This article delves into the crucial role of Article 2 in establishing the legal basis for determining the limits of Indonesia's national territory, exploring its historical context, key provisions, and implications for contemporary territorial disputes.

The Historical Context of Article 2

Article 2 of the UUD 1945 was drafted in the midst of Indonesia's struggle for independence from Dutch colonial rule. The newly formed nation was determined to assert its sovereignty over its vast archipelago, encompassing thousands of islands scattered across the Indian and Pacific Oceans. The framers of the Constitution recognized the need for a clear and definitive statement regarding the extent of Indonesian territory, both for domestic and international purposes. Article 2 was thus conceived as a cornerstone of the nation's territorial claims, reflecting the aspirations of the Indonesian people for a unified and sovereign nation.

Key Provisions of Article 2

Article 2 of the UUD 1945 states: "The State of the Republic of Indonesia is a unitary state with a territory consisting of the whole territory of the Indonesian archipelago and the waters and airspace surrounding it, as well as the land, waters, and airspace above it." This concise yet powerful provision establishes the following key elements:

* Unitary State: Indonesia is declared a unitary state, meaning that its territory is indivisible and governed by a single central authority.

* Indonesian Archipelago: The entire Indonesian archipelago, encompassing all its islands, is explicitly included within the national territory.

* Waters and Airspace: The waters and airspace surrounding the archipelago, as well as the land, waters, and airspace above it, are also integral parts of Indonesian territory.

Implications for Territorial Disputes

Article 2 of the UUD 1945 has played a crucial role in shaping Indonesia's approach to territorial disputes. The Constitution provides a strong legal basis for asserting Indonesia's claims over its territory, including its maritime zones. This has been particularly relevant in resolving disputes with neighboring countries, such as the ongoing territorial disputes in the South China Sea. The Indonesian government has consistently invoked Article 2 in its diplomatic efforts to protect its territorial integrity and uphold its sovereign rights.

Conclusion

Article 2 of the UUD 1945 serves as a fundamental pillar in defining the boundaries of Indonesia's national territory. Its historical context, key provisions, and implications for territorial disputes underscore its enduring significance in safeguarding the nation's sovereignty and territorial integrity. By clearly outlining the extent of Indonesian territory, Article 2 provides a strong legal basis for asserting the nation's claims and resolving disputes with neighboring countries. As Indonesia continues to navigate the complexities of the international arena, Article 2 remains a vital instrument in upholding the nation's territorial rights and ensuring its future security.