Indonesia faces complex challenges in regulating and enforcing laws related to potential armed conflicts at sea, particularly in the context of human rights (HAM) and environmental protection. To date, the Indonesian government has yet to establish explicit regulations concerning non-international armed conflicts at sea, including mechanisms for their enforcement.
This issue was raised by the new Professor of International Human Rights Law at the Faculty of Law, Universitas Gadjah Mada (FH UGM), Heribertus Jaka Triyana, during his inaugural professorial address at the UGM Senate Hall on Tuesday (Oct. 14).
In his inaugural speech titled “Indonesia’s Challenges in Addressing Armed Conflict at Sea,” Professor Triyana examined six key aspects encompassing the dynamics of international maritime law, international human rights law, and international humanitarian law within the context of Indonesia as an archipelagic state.
At the outset, he discussed the historical and geopolitical background reflecting the increasing complexity of armed conflicts at sea. This section highlights the importance of synergy among the United Nations Convention on the Law of the Sea (UNCLOS), the Law of Naval Warfare (LONW), and national legal systems in establishing a practical framework for protection.
Furthermore, Professor Triyana explained that each maritime zone carries a distinct legal status and jurisdictional authority, making it crucial to understand these classifications when defining enforcement boundaries in times of conflict.
“To address armed conflicts at sea, we must first understand precisely where these conflicts may occur, as each maritime zone has different legal statuses and jurisdictional powers for coastal states,” he stated.
In his presentation, Professor Triyana also highlighted Article 236 of UNCLOS, which stipulates that environmental protection provisions do not apply to warships or state-owned vessels used for non-commercial purposes.
“This legal loophole may negatively affect environmental protection and human rights enforcement in Indonesian maritime areas,” he explained.
Additionally, Indonesia continues to face a legal vacuum due to the absence of explicit regulations governing non-international armed conflicts at sea, including their enforcement mechanisms.
He cited Sri Lanka’s example, where permanent regulations have been developed to clarify the legal status of non-state actors at sea and strengthen the role of enforcement agencies such as the Sri Lanka Coast Guard.
“Indonesia can learn from Sri Lanka by designing permanent regulations that define the legal status of non-state actors at sea and reinforce the role of institutions like Bakamla as the country’s primary maritime law enforcement agency,” Professor Triyana remarked.
He further emphasized the importance of clearly defining the duties and authorities of Bakamla to enhance its operational effectiveness. Such clarification, he noted, would provide legal certainty, operational legitimacy, and strengthen human rights protection, as well as preserve Indonesia’s marine environment.
He also called for cross-sectoral coordination and the development of comprehensive national regulations.
“National regulations are needed so that all actors, from government bodies and law enforcement agencies to maritime stakeholders, have a clear legal foundation in addressing armed conflicts at sea,” he asserted.
Professor Triyana concluded by expressing hope that strengthening Indonesia’s maritime law would help reinforce national sovereignty, safeguard strategic interests at sea, and preserve the marine environment as an integral part of Indonesia’s identity as an archipelagic nation.
Author: Kezia Dwina Nathania
Editor: Gusti Grehenson
Post-editor: Rajendra Arya
Photographer: Firsto Adi