Karya Ilmiah
DISERTASI (256) - Equitable Principle Dalam Penentuan Batas Wilayah Laut Antara Negara Kesatuan Republik Indonesia Dengan Republik Demoratic Timor Leste
legality. The Equitable principle is a equitable solution in delimitation
overlapping sea boundaries between the Republic of Indonesia and the Republic
Democratic of Timor Leste. The legal issues are: (1) principles in delimitation sea
boundaries (2) the criteria of the equitable principle, (3) equitable principles
matching as a principle in delimitation sea boundaries. This type of research is
normative with research methods including statute approaches, case approaches
and conceptual approaches.
The research results of this dissertation are as follows: Firstly, the
principles in delimitation sea boundaries in a territorial sea regime are the distance
equations with regard to the historic title of the two countries while exclusive
economic zone regime are equitable solutions with special/relevant circumstances.
Secondly, the equitable principle criteria as a principle in ensuring sea boundaries
for countries facing and side by side is the Equitable principle which is a principle
born from the use of the equidistance line method with special/relevant
circumstances. Special/relevant circumstances are the main foundation for
applying equity so that it can produce the equitable principle. Lastly, the equitable
principle requirement as a principle in assuring the territorial boundaries of
Indonesia and Timor Leste is a joint baseline determination based on the historic
title and the baseline withdrawal method applied the equidistance line principle
with special circumstances.
Keywords: Equitable Principle, Equidistance line principle, Special/relevant
Circumstances, Legal Jurisprudence
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