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Conception Of Maritime Security Operation Beyond National Jurisdiction To Secure Indonesian National Interest At Sea By Colonel Navy Irvansyah Joint Staff Course, Student Class 57 Joint Staff College, National Defence Studies Institute Academic Year 2016

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Conception Of Maritime Security Operation Beyond National Jurisdiction To Secure

Indonesian National Interest At Sea

By

Colonel Navy Irvansyah

Joint Staff Course, Student Class 57

Joint Staff College, National Defence Studies Institute Academic Year 2016

Conception Of Maritime Security Operation

Beyond National Jurisdiction To Secure

Indonesian National Interest At Sea

By

Colonel Navy Irvansyah

Submit to

Joint Staff College

This research is a part of Joint Staff Course, Class 57

Academic Year 2016

i

ABSTRACT

Title : Conception Of Maritime Security Operation Beyond National Jurisdiction To Secure Indonesian National Interest At Sea.

By :

Colonel Navy Irvansyah

Major Field : Military / Politics

Research Advisor :

(Gp.Capt. Arthit Janejobsakonkit)

‘Indonesian Maritime Power’ is an essential capability for Indonesia, consist of both

military and civilan maritime capability. For the mlitary, it relates to Navy’s arms power

and equipments, while civilan capability strengthen by commercial ship, fishing boats,

shipping industry, shippng maintenance, etc. Development of military and civilian

maritime capability needs to be suited one to another, to ensure Indonesian interest in

the sea in facing any challenges and threats. Currently, Indonesia is facing various possible

diruption at sea, resulted from a number of pirating incident in the sea lanes of

international trade, including Indonesia’s.

This research utilizes qualitative descriptive method to analyze the urgent needs

maritime security operation beyond national jurisdiction that shall be independently

employed by TNI AL (Indonesian Navy); which necessitate a series of expected

governmental endeavors of hierarchical regulations to legitimate such operation.

ii

Preface

With the increasing economic Indonesia, also increase the trade between the

countries, especially the use of ships as a means of transportation. It also led to an

increased need for security and safety of the vessels including those who personnel

onboard. Based on that idea authors argue that in the future it is very important for

Indonesia to secure ships cruise both during in the territorial waters or / and beyond

national jurisdiction.

Based on the above ideas author felt the need to propose a concept of maritime

security operations in securing the national interest. In the past, Indonesia had several

times conducted operations beyond national jurisdiction, but still is operating under the

flag of the United Nations and if the operation by Indonesia itself still has many

weaknesses and shortcomings that hinder the implementation in the field and make it

difficult for the personnel who carry it out. Hopefully this article can provide input for

policy making world leader in the future.

The difficulty in writing of this research is the limited number of reference books

held during the education in the Joint Staff College - Royal Thai Armed Forces, so the

reference book used many obtained from the internet in the form of digital books.

Actually most reference books required can be obtained in the school library, but due

to the limitations of the limited Thai language skills is also a book that is read.

iii

Despite some difficulties, in the end I can finish this research with the help of

various parties. Therefore, I would like to thank and give high appreciation to:

1. Indonesian Armed Forces and Indonesian Navy, who provided me

opportunity to attend this programme.

2. Joint Staff College of Royal Thai Armed Forces, who shared me

knowledges and academic skills.

3. All instructors, especially my mentor, who guided me in research and

introduced me to social life.

4. All my classmate JSC 57 / 2016, who makes me feel like home and feel

a part of them with warmest friendship.

In particular I would like to thank my wife Yuanita Isfandiarie, SE,Ak. were not

stopping support and encouragement when I am in trouble. Sharon also my son Gading

Prawira Nalaputra who understands my situation as a father who are studying and can

not always accompany them. I realize that this research is far from perfect. Therefore, I

am open to suggestions and input. The entire contents of this research entirely my

responsibility.

Colonel Navy Irvansyah

Joint Staff Course, Student Class 57

June 2016

iv

TABLE OF CONTENT

ABSTRACT ....................................................................................................................................... i

PREFACE ……………………………………………………………………………………………..…………………………… ii

TABLE OF CONTENT ..................................................................................................................... iv

ABBREVIATIONS ……………………………………………………………………………………………………………….. vii

CHAPTER 1 INTRODUCTION 1.1. Background and Importance of the Issue .................................................................... 1

1.2. Research Objectives .......................................................................................................... 2

1.3. Scope of Research ............................................................................................................. 3

1.4. Research Methodology ..................................................................................................... 3

1.5. Research Beneficial Expectation ..................................................................................... 3

1.6. Definitions ............................................................................................................................ 4

CHAPTER 2 LITERATURE REVIEW 2.1. National Paradigms ............................................................................................................ 5

2.1.1. Ideological Foundation .......................................................................................... 5

2.1.2. Constitutional Foundation .................................................................................... 5

2.1.3. Visionary Foundation ............................................................................................. 6

2.1.4. Conceptual Foundation ........................................................................................ 6

2.2. Regulations .......................................................................................................................... 7

2.2.1. UNCLOS (United Nations Convention on the Law of the Sea) 1982 .......... 7

v

2.2.2. Law of the Republic of Indonesia No. 3/2002 on National Defense (UU

No. 3/2012) ............................................................................................................... 7

2.2.3. Law of the Republic of Indonesia No. 34/2014 on TNI .................................. 8

2.2.4. Resolution of UN Security Council No. 1851 .................................................... 8

2.3. Theoretical Background .................................................................................................... 8

2.3.1. Alfred Thayer Mahan’s Sea Power Concept ..................................................... 8

2.3.2. Ken Booth’s Theory ............................................................................................... 9

2.3.3. Geoffrey Till’s Theory ............................................................................................ 9

2.3.4. Tunner’s Theory ...................................................................................................... 10

2.3.5. Military Building Theory ......................................................................................... 10

2.3.6. Henry E. Ecles’ Theory .......................................................................................... 10

2.4. Literature Review ............................................................................................................... 11

CHAPTER 3 RESEARCH METHODOLOGY

3.1. Research Methods ………………………………………………………………….…………………………….. 13

3.2 Key Informants used in the research………………..…………………………….…………………… 15

3.3. Tools used in research ……….……………………………………………………………………………….. 16

3.4. Key issues in research ……………..…………………………………………………………………………… 17

3.5. Data Collection ………………………………………………………………..…………….……..………………. 19

3.6. Data analysis methods ………..………………………………………………………………………………. 20

vi

CHAPTER 4 CONCEPTION OF MARITIME SECURITY OPERATION BEYOND NATIONAL

JURISDICTION TO SECURE INDONESIAN NATIONAL INTEREST IN THE SEA.

4.1.Expected Condition on Maritime Security Operation beyond National Jurisdiction 22

4.1.1. Expected National Policy in Maritime Security Operation beyond National

Jurisdiction ................................................................................................................. 22

4.1.2. Expected Operational Concept ........................................................................... 23

4.1.3. The most ideal alternative ………………………………………………………………………….. 25

4.1.4. Expected Operational Readiness ........................................................................ 28

4.1.5. Diplomacy ................................................................................................................. 29

4.1.6. Indicator of Success ............................................................................................... 30

4.1.7. Contribution ............................................................................................................. 30

4.2. Operational Concept for Maritime Security Operation beyond National Jurisdiction

to Secure Indonesian Interest at Sea ............................................................................ 31

4.2.1. Policy ......................................................................................................................... 31

4.2.2. Strategies .................................................................................................................. 40

4.2.3. Endeavors ................................................................................................................. 41

CHAPTER 5 CONCLUSION

5.1. Conclusion .............................................................................................................. 58

5.2. Suggestion ............................................................................................................... 59

BIBLIOGRAPHY

CURRICULUM

vii

Abbreviations

TNI

Tentara Nasional Indonesia or Indonesian Armed Forces

TNI AL Tentara Nasional Indonesia Angkatan Laut or Indonesian Navy

INSA Indonesia National Ship-owners Association

BPS Badan Pusat Statistik or Central Bureau of Statistics

DTO Domestic Transportation Obligation

UUD 1945 Undang Undang Dasar 1945 or Indonesian Constitution

1945

UU Undang Undang or Law

PBB Persatuan Bangsa Bangsa or United Nations

MOOTW Military Operation Other Than War

MoFA Minister of Foreign Affair

KRI Kapal Republik Indonesian or Indonesian War Ship

1

CONCEPTION OF MARITIME SECURITY OPERATION BEYOND NATIONAL JURISDICTION TO SECURE INDONESIAN NATIONAL INTEREST AT SEA

CHAPTER 1

INTRODUCTION 1.1. Background and Importance of the Issue

Indonesian Maritime Power is an essential capability for Indonesia, consist of both military

and civilan maritime capability. For the mlitary, it relates to Navy’s arms power and equipments,

while civilan capability strengthen by commercial ship, fishing boats, shipping industry, shippng

maintenance, etc. Development of military and civilian maritime capability needs to be suited

one to another, to ensure Indonesian interest in the sea in facing any challenges and threats.

Indonesia stands in front of several threats on its maritime interest, spans from defense,

security, politic, and economy. In the upcoming decades, the more complex and

multidimensional threats will affect Indonesian maritime interest. It is especially in economy as

Indonesian economic growth is predicted to be better in several years. Statistic Indonesia (Badan

Pusat Statistik, BPS) reported Indonesian export increased 32.04% in 2011, which mainly

transported by sea vessels shipping. Indonesia National Ship-owners Association (INSA) reckoned

10,784 units of national-flagged fleets per October 2011, which involves in only 9.49% of national

shipping for international cargos (export-import).

INSA is currently urging the Government to implement Domestic Transportation Obligation

(DTO) policy that obligates exporters to utilize national fleets, suggesting 30% of export cargos to

be transported by Indonesian ships. If it was approved, the numbers of national commercial ships

will expand significantly.

/ However . . . . . .

2

However, Indonesian economic growth has been overshadowed by piracy threats to

commercial ships in international water, as in Somalia. Therefore, Indonesian Government must

anticipate by employing maritime security operation to guard national commercial ships

navigation beyond national jurisdiction; not only to secure the cargos, but also the Indonesian

crews onboard.

Demands to extend maritime security operations beyond national jurisdiction are in line

with the dynamics of the strategic environment that indicate trends of increasing intensity to the

Maritime Security challenges. Therefore, the naval mission ahead also become increasingly

extensive and complex; they are required to carry out a function that is actually a fundamental

history for the navy, including guarding commercial ships inside and beyond national jurisdiction,

if needed1. Indonesian Navy’s experience in the operation to liberate the Sinar Kudus Cargo Ship

by the Ocean Ambassador Task Force I/2011 (Satuan Tugas Duta Samudera I/2011) can be used

as a lesson for the implementation of maritime security operations in the future, especially

beyond national jurisdiction. The operation still encountered a number of obstacles and

problems, including the lack of national policy in the form of rules of law as juridical foundation

to execute an operation, as well as the absence of operation’s concept, poor operational

readiness, and diplomatic support for operations beyond national jurisdiction2. An immediate

solution is necessary to avoid any disruption of the Indonesian national interests at sea. Hence,

the need for a national policy and regulations to establish a format for maritime security

operations beyond national jurisdiction, ensured by operational readiness and diplomatic support.

1.2. Research Objectives. This research aims three main objectives:

1.2.1. To study how to deal with threats that are beyond national jurisdiction of

Indonesia.

/ 1.2.2. To Study . . . . .

1 Widodo Teguh, Pelajaran Berharga dari Pembajakan MV. Sinar Kudus, Dharma Wiratama, Seskoal, 2011, p. 50. 2 Implementation Report of Ocean Ambassador Task Force I/2011, Western Fleet Marine Force (Guspurlabar), Indonesian Navy, 2011

3

1.2.2. To study the concept of maritime security operations beyond national jurisdiction.

1.3. Scope of Research

This research is limited to discuss and analyze the scope of national policy issues, the

concept of operations, operational readiness, and diplomatic support in implementing maritime

security operations beyond national jurisdiction, which are not under the United Nations’ flag.

1.4. Research Methodology

This research utilizes qualitative descriptive method through documentary

research. The author collects the data from primary and secondary sources. Primary

data collection is conducted by in-depth interviews to several highly qualified experts

who have specialized education, domestic and abroad, as well as author’s personal

and professional observation. Meanwhile, secondary data is collected from various

official publications, theories, journals, regulations and laws, and other related

documents that are studied comprehensively. The research also utilizes varios surces,

such as JSC Libraries.

1.5. Research Beneficial Expectation

In the more practical objective, the writer also intends to provide ideas and opinions to

be considered as policy inputs for the commanders of the TNI in developing a particular policy

in maritime operation beyond national jurisdiction.

1.5.1. Know how to deal with threats that are beyond national jurisdiction of Indonesia.

1.5.2. Know how to formulate a concept of maritime security operations beyond national

jurisdiction.

/ 1.5.3. Know . . . . .

4

1.5.3. Know what the government should do to secure Indonesian national interest at

sea.

1.6. Definitions

1.6.1. Jurisdiction : Is a particular geographic area containing a defined legal

authority to interpret and apply the law, or to govern and legislate.

1.6.2. National Paradigms : A theory or a group of ideas about how something

should be done, made, or thought about

1.6.3. Minimum Essential Force : Is a principal and a minimum standard of

military force that is absolutely prepared as a main and fundamental prerequisite for

effective implementation of the duties and functions of the military in the face of actual

threats.

/ Chapter 2 ……

5

CHAPTER 2 LITERATURE REVIEW

In order to formulate the concept of maritime operation beyond national jurisdiction,

researcher uses rationales from a series of national paradigm, regulations, and theoretical

framework, as well as some review of the literatures. These varieties of paradigms, laws, and

theories provide legal references and analyzing tools to generate of necessary policy, strategy, and

effort for research’s objective.

2.1. National Paradigms

2.1.1. Ideological Foundation

Pancasila is the sole ideological foundation of Republic of Indonesia; it constitutes

as Indonesian national principle and the main ideology of the nation. As national principle,

Pancasila is also recognized as the foundation of every regulations and hierarchy of laws.

Pancasila lays the nation’s core philosophy and way of life to all Indonesians, consists of

moral values, ethics, noble purposes and goals to be achieved by the nation. For the

purpose of this research, Pancasila underlies guideline and foundation for the Navy to think,

behave and act in order to carry out their duties of defending Indonesian territory and

maintaining the security of its people, both in territorial water and beyond jurisdiction,

especially when Indonesian interests are involved.

2.1.2. Constitutional Foundation

Preamble of Indonesian Constitution (UUD 1945) states that the government of

Indonesia shall “…protect all the Indonesian people and the entire country of Indonesia…

/ and . . . . .

6

and participate in the establishment of a world order based on freedom, abiding peace

and social justice...”. Indonesian Navy (TNI AL) also takes part in this state’s obligation by

delivering its role to secure and defend the sea. Article 30 (3) of Indonesian Constitution

states that TNI AL as one of state apparatus has duties to defend, protect, and maintain

national integrity and sovereignty. This constitutional mandates becomes foundation for

TNI AL to deliver its duties, roles, and function in order to secure Indonesian interest inside

and abroad.

2.1.3. Visionary Foundation

The Archipelago Concept (Wawasan Nusantara) is Indonesian geopolitical concept

which views Indonesia as unite territory, covers the lands, seas, as well as the seabed and

subsoil, and the air above them as an integral unit; which unites the nation as a whole,

covers all areas of national life which includes political, economic, social, cultural and

defense and security aspects3. The Archipelago Concept underlies TNI AL to prevent and

face all kinds of threats that interfere with Indonesia's national interests, at and through the

sea.

2.1.4. Conceptual Foundation

National security is an attempt to defend the purposes and national interest from any forms

and sources of threats. This attempt often referred to as the National Security Strategy, put

state’s efforts to attain the goal of national interest. It rests on three pillars: the political,

the economic, and pillar of the defense/military. Therefore, Indonesia needs

/ to synergize . . . . .

3 http://www.id.wikipedia.org/wiki/Wawasan_Nusantara, Accessed at 30 March 2013, 09.37 PM (Western Indonesian Time)

7

to synergize these three pillars in fulfilling the National Security Strategy, especially in the

sea, to protect national interest from various forms of threats.

2.2. Regulations

2.2.1. UNCLOS (United Nations Convention on the Law of the Sea) 1982

Article 101 UNCLOS 1982 states that piracy is “…any illegal acts of violence or

detention, or any act of depredation, committed for private ends by the crew or the

passengers of a private ship or a private aircraft, and directed: on the high seas … in a

place outside the jurisdiction of any State.”4 TNI AL as the core of security forces at sea

must prevent and fight any incoming threats and security obstructions at sea, particularly

to the threat of piracy.

2.2.2. Law of the Republic of Indonesia No. 3/2002 on National Defense (UU

No. 3/2012)

Article 10, paragraph 3(a) and (b) state the military hold the duty to implement

National Defense Policy, including defending national sovereignty and territorial integrity, as

to protect the honor and safety of the nation. For the TNI AL, it implies the responsibility

to defend state sovereignty and territorial integrity, and protect the honor and safety of the

nation from any threats.

/ 2.2.3. Law . . . . .

4 UNCLOS 1982, Article 101 on Definition of piracy

8

2.2.3. Law of the Republic of Indonesia No. 34/2004 on TNI.

Article 9 states the duty of TNI AL is to enforce the law and maintain security in the

jurisdiction of territorial water in accordance with the provisions of the ratified national and

international laws. Moreover, Article 7 paragraph (2b) number 14 and paragraph (3)

states that Indonesian Military must carries out its main duty, including those that are

covered under TNI’s ‘Military Operations Other Than War’ (MOOTW). One of them is to

assist the government to secure shipping against the threats of piracy, raids, and smuggling.

2.2.4. Resolution of UN Security Council no. 1851

Resolution 1851 is the fourth resolution passed by the UN Security Council regarding

the issues of combating piracy in Somalia, by authorizes all states in the world to participate

in its eradicating efforts. TNI AL as a state apparatus in charge of securing Indonesian interest

and its citizens both in the territorial waters and beyond national jurisdiction must build its

capability to carry out the duty.

2.3. Theoretical Background

2.3.1. Alfred Thayer Mahan’s Sea Power Concept 5

In his book "The Influence of Sea Power upon History 1660-1783", Mahan noted that

a great nation should be able to rule its interests at sea; hence, it rested on a powerful

navy to protect and promote the even wider interests.

/ Sea Power . . . . .

5 Mahan, A.T, The Influence Of sea Power Upon History 1660-1783, Dover Publications, INC, New York, 1987, p.28-29.

9

Sea Power concept is not only limited to navy’s capability, but also covers a wider

definition. It is also associated with domination of trade and the international economy

through the sea, the use and control of maritime resources, the use of naval power and

maritime economy as an instrument of diplomacy, deterrence, and political influence in

the time of peace, as well as naval operation during the war.

2.3.2. Ken Booth’s Theory6

According to Ken Booth, as a primary part of universal sea power, navy holds three

important roles, i.e. Military, Constabulary and Diplomacy role. Constabulary role suits naval

responsibility to secure territorial water and beyond, as it stands as the punitive duty of the

navy. This role is presented to enforce the law of the sea, to protect national natural and

marine resources, maintain sea order, and support national development by contributing

on securing Indonesian interest at sea.

2.3.3. Geoffrey Till’s Theory7

According to Geoffrey Till, today’s navies all around the world are required

not only to secure its territorial integrity, but also to contribute in securing the

global system’s maritime security as part of globalization. Geoffrey Till gave considerable

attention to the ‘Good Order at Sea’, as it linked directly to globalization. Till argued that

sea provides resources, facilitates transportation, dominion, and environment. Thus, a ‘good

order of the sea’ is an absolute necessity, because maritime security will directly influences

the stability of global security.

/ 2.3.4. Tunner’s Theory . . . . .

6 Ken Booth, Navies and Foreign Policy, Croon Helm Ltd, London, 1977, p.16. 7 Geoffrey Till, Sea Power, Frank Cass Publishers, United States of Amerika, 2004

10

2.3.4. Tunner’s Theory8

In his book, ‘Naval War College Review’, Vice Admiral Stanfield Turner stated that

the mission of the Navy is for strategic deterrence, sea control, and projection of strength.

According to this, the effort to control the sea can be performed through naval operation

in order to carry out one of its duties to ensure national interests at sea.

2.3.5. Military Building Theory

A range of options to build military power is indeed corresponded with current

situation and conditions, and expected goals. The planning to build military force aims to

ensure that military objectives, efforts, strategies and the risks encountered in the power

building endeavor remains consistent with national direction and purpose9. Several

approaches are used to prepare the planning of military power, including Top-Down,

Bottom Up, Scenario, Threats and Vulnerabilities, Core Competencies and Missions,

Capability Based, Hedging, Technology and Fiscal.10 To decide which approach is suitable

to plan national military power, policy-makers need to consider the strength and weakness

of each approach.

2.3.6. Henry E. Eccles’s Theory

Eccles’s book, ‘Logistic in the National Defense’, analyzed ranges of logistic issues,

especially in related to strategy, tactic, and logistic.

/ This means . . . . .

8 Stanfield Tunner, Naval War College Review, January/February 1981. Naval War College Press, Newport,RI. 9 Richmond M. Lyod and Dinn A. Lorenzini, A Framework for Choosing Defense Forces, Naval War College Review, January/February 1981, p. 46. 10 Richmond M. Lyod, (et al), Strategy And Force Planning, second Edition, Naval War College Press, Newport, RI, 1997,h. 23-31.

11

This means strategy and tactics shape the patterns of military operations, while

logistics provides facilities and infrastructures support. Logistic provision in managing force’s

equipments and materials still founded on strategy objection. Implementation of maritime

security operations beyond national jurisdiction should be supported by a well-planned

logistical support.

2.3.7. Literatures Review

7.1. Corveleijn, M. Maritime Counterpiracy operations Near Somalia, Netherland

Maritime Warfare Centre, May 2011. It depicted some countries’ activities of

combating piracy in Somalia water under a joint operation of “Coalitions and

Multinational Maritime Task Force”.

7.2. Widodo, T. Pelajaran Berharga Dari Peristiwa Pembajakan MV Sinar Kudus

(Lesson Learned from Pirated Sinar Kudus Cargo Boat), 2011. This is one of the

articles in the Dharma Wiratama Magazine DW/151/2011 Edition, published by Navy

Comand and Staff College of Indonesian Navy (Seskoal). This article analyzed the

liberating operation the crews of Sinar Kudus Cargo Boat, and summarized the

lesson learned for TNI AL.

7.3. Helvas Ali, A. Peran Angkatan Laut Dalam Operasi Perdamaian PBB Di

Lebanon (The role of TNI AL in the UN Peacekeeping Operation in Lebanon). It was

posted in Quarterdeck, Bulletin of Defence and Maritime Forum, Volume 2 No. 7

January 2009. It discussed the role of TNI AL in Lebanon as a way to comply with

Constitution’s mandate in maintaining world’s order.

/ The writer . . . . .

12

The writer also published Operasi TNI Angkatan Laut Di luar Wilayah Yurisdiksi

Nasional: Suatu Tinjauan (TNI AL’s Operation Beyond National Jurisdiction: An

Overview), in Volume 4 No. 6, on December 2010. It discussed the strategic value

of TNI AL’s operations beyond Indonesian jurisdiction and some points that ought

to be considered for such operation.

7.4. Article in Cakrawala Magazine No. 400, 2009 entitled Perang Terhadap

Perompakan di Perairan Somalia mulai Membawa Hasil (War on Piracy in Somalia

Water Began to Take Effect) discussed the efforts taken by multinationals Navies

and their success stories in combating piracy Somalia.

7.5. Mangindaan, R. Counter sea Piracy: Indonesia Remedies, 2011. It was

included in Quarterdeck, Bulletin of Defense and Maritime Forum, Volume 5, No. 5,

November 2011. It discussed about global piracy problems and it is in Indonesian

interest, especially TNI AL, to combat piracy incidents at sea to avoid it swarms

across Malacca Strait.

/ Chapter 3 ......

13

Chapter 3 Research Methodology

To conduct research on the Conception of Maritime Security Operation Beyond National

Jurisdiction. The overall set of methodological research or research methodology is the

methodology of qualitative research, which contain Research papers (documentary research) and

in-depth interviews (in-depth interview) and has set the framework and scope of the research

methodology. The main reason to use the research methodology mentioned above is to facilitate

the conduct of research which can be broadly described as follows :

3.1. Research Methods

For this study, Researchers have determined methodological research or research

methodology by using the methodology of qualitative research (qualitative research) comprising

the study analyzed data from documents or research papers (documentary research) and the in-

depth interviews with significant conclusion follows.

3.1.1. Research papers (documentary research).

Qualitative research with research papers (documentary research) this time. The

researchers carried out the study and data analysis or research papers (documentary

research) by reviewing the concepts, theories and literature related to Maritime

SecurityOperation Beyond National Jurisdiction, to study the basics concept and the

philosophical meaning. And following the relevant procedures.

/ 3.1.1.1. Concept . . . . .

14

3.1.1.1. Concept, theory, and research related to Maritime Security Operation

Beyond National Jurisdiction.

3.1.1.2. The condition of maritime security operation beyond national jurisdiction

today including its constrain and opportunities.

3.1.1.3. What are national policies and support diplomacy as what is needed

3.1.1.4. An overview of the organization that may be applicable for maritime

security operation beyond national jurisdiction.

3.1.1.5. Outputs and outcomes that can be gained from the implementation of the

operation beyond national jurisdiction.

3.1.2. In - depth interviews.

Qualitative research with in-depth interviews this time. The researchers have

designed the structure of the question. Which can be used in a semi-structured interview

or an open-ended interviews. The methodology of the research is flexible and open or

import Key words to be used in guiding the interview from draft questions that are open-

ended. It is important to look at the question of flexibility. And to modify the wording of

the questions to comply with those involved in research or interview people. In each

situation with events Or with the changing environment. The luminaries and individuals

who are or have been involved in policies making, operation planing process and

conducting the operations have responded to the questions. So It came up with a variety

of information in different dimensions and the fact that is both practical dimension of

depth And the width dimension with regard to this research.

/ 3.2. Key . . . . . .

15

3.2. Key Informants used in the research.

To determine population and sample used in this research. The author has chosen

luminaries and individuals who are or have been involved in the policies making, operation

planning process and conducting the operations in order to understand the concept, as well as

the philosophy and vision of the process or mechanism of the research. The opinions of the

various stakeholders involved by Randomization By means of sampling (purposive random)

sampling which the research was conducted with the sample. In order to have the information

received from the methodology of qualitative research such a process leads to the discovery of

patterns to determine the next strategy.

The population and sample For in-depth interviews includes Luminaries And individuals

who are or have been involved in policies making, operation planning process and conducting

operations which consists of three persons as follows.

3.2.1. Bebeb A.K.N. Djundjunan, SH, LL.M. Charge D’Affair Ad Interm / Deputy Chief Of

Mission (DCM) – Minister of Indonesian Embassy to the Kingdom of Thailand - Petchburi

Road – Bangkok- Thailand

3.2.2. Colonel Navy (E) Hidayaturrahman Nrp. 11415/P Indonesian Naval Attache for

Kingdom of Thailand – Indonesian Embassy – Petchburi Road – Bangkok- Thailand

3.2.3. Colonel Navy (P) Kisdiyanto - Chief of assistant Personnel of Indonesia Navy

Western Fleet – Gunung Sahari Rd – Jakarta – Indonesia. E-mail : [email protected]

/ 3.2.4. Colonel . . . . .

16

3.2.4. Colonel Navy (P) Dwi Sulaksono – Assistant Officer – VI / Gunkuat of Operation

Staff – Indonesian Navy Headquarter – Cilangkap – Jakarta – Indonesia. E-mail :

[email protected]

3.2.3. Colonel Navy (P) Salim – Staff of Chief of Assistant Operation Of Indonesian

Armed Forces Headquarter – Cilangkap – Jakarta – Indonesia. E-mail :

[email protected]

3.3. Tools used in research.

This research Has defined the research methodology. Using the methodology of

qualitative research contains documentary research and in-depth interviews and select tools that

are suitable for use in this study.

3.3.1. Documentary Research. Record Form using by documentary research

researcher uses data collecting from studies and research papers from academic texts as

well as various types of research, including information from electronic media or

information derived from Internet sites. To be used in the process of fully integrating

knowledge about the technical in formulating the conception of maritime security

operation beyond national jurisdiction. As the key component towards creating a tool that

can be used in the data collection process next academic performance.

/ 3.3.2. In-depth . . . . .

17

3.3.2. In-depth Interviews. For conducting in-depth interviews researcher will design

numbers of questions that can be used to process semi-structured interviews or direct

interviews (guided interview). For interview that there is no set structure, the question

defined along an open question or an open-ended interview. The research methodology

has resulted in a flexible and open questions. A technique and methodology of qualitative

research are ideally suited to bring in a personal interview. In particular, the person who

has the knowledge and skill or expertise in the ongoing research methodology. The

research methodology in a manner such that this will provide people with the knowledge

and expertise or a specialist can leave a comment or opinion on a variety of aspects. The

researcher or interviewer able to conduct interviews and be able to ask follow-up and

debriefing Browse facts. Or minor key and an interest in each issue of the answer. From

engaging in research or interviews. This makes obtaining information on a variety of

different dimensions and the fact that there is diversity in practice in different dimensions

with the dimension of depth and dimension of width in the proceedings to the research.

3.4. Key issues in research

The defined processes and procedures in research design or the tools used in the research.

Researchers have defined processes and procedures in conducting the research process. A

significant Summarized as follows:

3.4.1. The study of academic papers and research works on maritime security operations

beyond national jurisdiction.

/ 3.4.2. To carry . . . . .

18

3.4.2. To carry out the analysis of academic papers and research works related to the

laws and procedures on implementing operations beyond national jurisdiction.

3.4.3. Conducted to determine the process, procedures and guidelines for interviewing

those involved in research and development with the interview. Luminaries and

individuals who have contributed significantly to the process, which is involved in maritime

operation beyond national jurisdiction.

3.4.4. The design of research (research design) or create a series of interviews. For use in-

depth interview process. By design or create semi-structured interviews or direct

interviews. This is a process whereby an interview with the standard form or manner that

does not have to require that such interviews. The process was carried out to check the

accuracy of content in line with the issues and objectives of the research. The experts and

scholars preliminary order to bring ideas and suggestions used to improve the questions

of the questionnaire as well as to have the interview has been updated to conduct

experiments, interviews with experts academics or individuals who have contributed

significantly to policies making, operation planning process and conducting the operations

and also a person with attributes close with those involved in the research or the

interviews. In order to bring the problems or defects of the interview conducted last

update before apply for the actual interview process in order to obtain information that

is accurate and complete. It affects the data obtained from interviews to use in processing

data.

The questions used in-depth interviews designed or produced for a series of

interviews in the form of an interview process structured and semi-structured or

unplanned interview.

/ Standard . . . . .

19

Standard pattern or structured interviews and semi-structured interviews or

consists of four basic questions below.

3.4.4.1. The data of the interviewee.

3.4.4.2. Basics of law and maritime security operations planning process

beyond national jurisdiction

3.4.4.3. Conditions, problems or Difficulties with the process of planning,

preparation, execution and termination of maritime security operations

beyond national jurisdiction.

3.4.4.4. The views, opinions and recommendations interviewee to realize the

concept of maritime security operations beyond national jurisdiction.

3.5. Data Collection

This research The procedures or guidelines for data collection in two aspects: 1) to collect

data from the study of technical documents and information from the media, information

technology, 2) collecting data from in-depth interviews. Summarized as follows:

3.5.1. Collection of data from research, literature and information

technology.

The research was carried out in the process of collecting data from the institutions

of higher education both public and private as well as sources from the government

concerned and also the resources on the Internet site.

/ To collect . . . . .

20

To collect data on secondary level (secondary data) of various types, whether it is

information from technical documents several studies and research of various types to be

used as a guide to design or build depth interviews as well as to be used as a component

in the process of analyzing and processing information on research in the following section.

3.5.2. Collection of data from in-depth interviews.

This research has formulated the outline obtained by collecting data as a result of

cooperation with organizations and individuals who can represent it as a resource for the

research. Interview requests have been implemented formally or informally of individuals

who are part of or related to maritime security operations beyond national jurisdiction. In

this in-depth interview, researcher process all notes or data records with the permission

of a resource or the people interviewed before the interview that will be used in the

verification process and its accuracy can be confirmed again when needed.

3.6. Data analysis methods.

For the process of analyzing data from in-depth interviews, The researchers then collected

data from in-depth interviews was used in the analysis and data processing. By working with the

data collected from the study of documents (documentary research) by processes and analytical

methods. The process will be carried out according to qualitative research, including analysis by

considering issues (major themes) or the master regulator (major pattern) found in data received

from the entire interview. Then, the main issues (major themes) considered divided into sub-

themes (sub-themes) and subsections (categories) as the analysis process.

/ The Analysis . . . . .

21

The analysis process carried out starting from analyzing the overall up by analyzing the

sub-theme during the research process, including during the interview process. Research is also

conducted by comparing the data with data double major. This process is carried out at each

period or every stage in the research process so that it can support the process of qualitative

research to get a good analysis and appropriate.

The data analysis method used for the process of analyzing data from in-depth interviews

in which data obtained from in-depth interviews were analyzed and processed along with the

data collected from documentary research to the process and analytical methods are available.

This process will be carried out in accordance with qualitative research, including analysis by

considering issues (main theme) or a master regulator (main pattern) found in the data received

from the entire interview. Then, the main issues (the main theme) is divided into sub-themes and

sub-section (category) as part of the analysis process.

Further implemented a more intensive analysis process by using data obtained from the

in-depth interview by describing faced with related phenomena research in order to get a

conclusion or new findings. From this qualitative research methodology will produce basic

guidelines as materials and inputs in determining the basic conception and basic provisions

maritime security operation beyond national jurisdiction further.

/ Chapter 4 . . . . .

CHAPTER 4

CONCEPTION OF MARITIME SECURITY OPERATION BEYOND NATIONAL JURISDICTION TO SECURE INDONESIAN NATIONAL INTEREST IN THE SEA

This chapter consists of two main parts. First, it elaborates the expected condition in

contributing to securing national interest at sea, including their indicator of success. Hereafter, the

second part analyses necessary strategies to formulate the conception of maritime security

operation beyond national jurisdiction to secure Indonesian national interest at sea.

4.1. Expected Condition on Maritime Security Operation beyond National

Jurisdiction. Expected condition covers the author’s identification on certain aspects of

national policy and regulations that can contribute to the implementation of maritime security

operation beyond national jurisdiction by TNI AL.

4.1.1. Expected National Policy in Maritime Security Operation beyond

National Jurisdiction. Author identified the expected national policy for maritime

security operation beyond national jurisdiction is ones with global vision to promote the

interest of Indonesian citizens wherever they are. Therefore, state needs to formulate the

policy into regulations that legitimates TNI AL in delivering its MOOTW beyond national

jurisdiction. This expectation is derived from the more complex global environment and

its threats dynamic that may harm the safety of any Indonesians and national interest at

sea. Law No. 34/2004 on TNI governs MOOTW by TNI AL must be planned upon national

policy and political decision to provide legal assurance on certain operations. Therefore,

it is necessary to formulate regulation which explicitly regulate and manage maritime

security operation beyond national jurisdiction.

/ Economic . . . . .

23

Economic globalization has been raising threats on sea lanes of international trade

which interfere interest of the world, including Indonesia. Indonesia needs to anticipate

the increasing threats at sea by formulating national policy on maritime security operation

beyond national jurisdiction. It will support security or guarding duties on Indonesian

commercial ship in international water as well as to join the effort of world’s peace at

sea. This idea is consistent with Geoffrey Till’s in his book “Sea Power” 3. He elaborated

that demand on world navies is no longer limited on securing its territorial integrity, but

to participate in preserving the global system of maritime security as an inseparable part

of globalization. According to that, the expected outcome on national policy for maritime

security operation beyond national jurisdiction comprises:

4.1.1.1. More effective decision making mechanism upon situations that requires

exercising maritime security operation beyond national jurisdiction. It includes

necessary establishment of National Maritime Security Agency (Badan Keamanan

Maritim Nasional, Bakamnas) and Command and Control Center for National

Maritime Security (Pusat Komando dan Pengendalian Keamanan Maritim

Nasional, Puskodal Kamnas).

4.1.1.2. Legal foundation for maritime security operation beyond national

jurisdiction in the state’s law level to counteract Law No. 9 on TNI that stated that

TNI AL is only authorized within national water.

4.1.2. Expected Operational Concept. Expected concept for maritime

security operation aims to place elements of TNI AL into operating theater to meet with

any dynamic of strategic situation that threatens national interests at sea.

/ The Outcome . . . . .

3 Geoffrey Till, Sea Power, Frank Cass Publishers, United States of Amerika, 2004.

24

The outcome for operational concept is expected to formulate naval employment

concept in concentrating the units of TNI AL in operational theater, thus attains TNI AL’s

readiness in performing its duties. The operational concept needs to be politically and

legally legitimate. The operation will aim to be preventive, which prepares and place

naval force beyond national jurisdiction and exercises its duty in preventing and securing

Indonesian commercial ships in hazardous international sea lanes, independently or

collectively. There are several alternatives to be considered on operational concepts

based on some countries’ experience. For example, there are patters of joint operations

on North Atlantic Treaty Organization (NATO), Europeans “Eunavfor”, and Combine

Maritime Force (CMF), or independent patterns that have been exercised by Malaysia and

Russia in overcoming piracy in Somali water4.

Alternatives model of employment for Indonesia in securing its national interest

at and through the sea, are as follow:

4.1.2.1. Alternative 1. TNI AL employs independent operation;

financially cooperate with Indonesia National Ship-owners Association (INSA) as has

been done by Malaysia with Malaysia International Shipping Corp (MISC). This

alternative answers the problem of budget limitation and Indonesian foreign

policy.

4.1.2.2. Alternative 2. Indonesian may coordinate the maritime

security operation beyond national jurisdiction with other ASEAN member-states

/ under . . . . .

4 Corveleijn M, Boshhouwers O.J, Luttge M.P, Verkroost. Maritime Counterpiracy Operations Near Somalia. Netherlands Maritime Warfare Centre. 2011. p. 40-42.

25

under a specific joint task force. They can share the financial burden as well as to

take turn on patrol’s schedule in hazardous water.

4.1.2.3. Alternative 3. Indonesia may urge the United Nations to

employ military operations other than war in a joint operation for anti-piracy

measure at sea. A maritime security joint operation under the UN can avoid any

conflict of interest in Indonesian foreign policy and may resolve the budgetary

problem, as it will be the UN’s operation.

4.1.3. According on these available alternatives and considering the urgency for maritime

security operation beyond national jurisdiction, budget allocation, and Indonesian foreign

policy; author perceive Alternative 1 as the most ideal to resolve the problem of

maritime security operation beyond national jurisdiction. Therefore, the appropriate

operational concept is elaborate as follow:

4.1.3.1. Title of Operation : Maritime Security Operation Beyond National

Jurisdiction

4.1.3.2. Operation Objective : To secure Indonesian interests at sea beyond

national jurisdiction.

4.1.3.3. Operation Target :

a. To secure Indonesian commercial ships beyond national water.

b. To secure national economic interests.

c. To ensure the safety of Indonesian citizen.

d. To act as a standby force that can be deployed at any time to

evacuate Indonesian diplomatic officials in conflicted areas.

/ 4.1.3.4. Operation . . . . .

26

4.1.3.4. Operation Method :

a. To establish National Maritime Security Agency (Badan Keamanan

Maritim Nasional, Bakamnas) as a coordinating institution for operational

planning, involving related stakeholder, i.e. Coordinating Minister of Politic,

Legal, and Security Affairs, Minister of Foreign Affairs, Minister of Finance,

Minister of Transportation, Minister of Trade, Minister of Defense, TNI

Commander, Navy Chief of Staff, and Maritime Agencies.

b. To establish Command and Control Center for National Maritime

Security (Pusat Komando dan Pengendalian Keamanan Maritim Nasional,

Puskodal Kamnas) as a center for every data potential and maritime

information, national and international, to be analyze as updated

interconnected data. These data feeds can also monitor the shipping

condition, for instance any location and position of Indonesian commercial

ships in sailing and harboring.

c. To establish National Maritime Security Task Force (Satgas Kamnas),

including: elements of Indonesian Ships (KRI) Fregate and Corvet Class,

assaults helicopters, Sea Riders Unit, and Special Forces Unit (SF of the

Navy/Amphibious Unit/Air Force).

d. To prepare staging bases in the countries along the coast of

operational areas to support the Task Force’s Replenishment, Repair,

Recreation and Rest (4R) by enhancing Indonesian diplomatic cooperation

with certain countries, as suited to operational requirement.

4.1.3.5. Organization : Maritime Security Operation Beyond National Jurisdiction

is directly under Command and Control of the President;

/ structurally . . . . .

27

structurally under TNI Commander as operational controller, while tactical control

is under Commander of Satgaskamnas. Commander of Satgaskamnas will manage

the Maritime Task Unit, Air Task Unit, and Specia Force Task Unit. Meanwhile, under

the command of the TNI Commander, the Navy Chief of Staff is responsible on

operational weapons and personnel readiness and development. Bakamnas will

be directly organizing Puskodalkamnas as the center of coordination and

information for operation beyond national jurisdiction. Puskodalkamnas will

process any information input, and report them to Bakamnas for evaluating and

analyzing. Bakamnas then will release the result as suggestion and input for the

President as the highest commander.

Author suggests the following Organizational Structure for Task Force below :

Figure 4.1 Organizational Structures of Maritime Security Task Force (Satgaskamnas)

4.1.3.6. Operation Pattern :

a. To exercise an independent year-round employment of TNI AL

beyond national water, especially in selected hazardous areas.

/ b. To Exercise . . . . .

PRESIDENT

TNI COMMANDER

NAVY CHIEF OF

STAFF DAN SATGASKAMNAS

BAKAMNAS

PUSKODAL KAMNAS

TU. MARINE TU. AIR FORCE TU. SPECIAL

FORCES

28

b. To exercise security effort to Indonesian commercial ships through

the scheduled point-to-point guarding.

4.1.3.7. Administrative and Logistic Support :

a. Initial supply from Jakarta Base, supported by the Government.

b. 4R support throughout INSA operation.

c. Staging bases, prepared by MoFA.

These points are expected as the concept of operation for maritime

security operation beyond national jurisdiction in order to build Indonesian

Maritime Power.

4.1.4. Expected Operational Readiness. Expected operational readiness for

maritime security operation beyond national jurisdiction, includes:

4.1.4.1. Qualified weapons and personnel of TNI AL to be deployed in long-range

operation beyond national jurisdiction.

4.1.4.2. Assault helicopters equipped with navigation, sewaco (sensor, weapon, and

control system) to optimize operational support.

4.1.4.3. Optimally supporting logistic requirements for the task force in the time of

operation.

4.1.4.4. Rapid, effective, and efficient command and control facility. It also needs

to operate on certain level of confidentiality by implementing an internet-based

communication in the framework of Command, Control, Communications,

Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR).

/ 4.1.4.5. TNI . . . . .

29

4.1.4.5. TNI Doctrine for long range operation beyond national jurisdiction as a

foundation for the Commander of the task force and Indonesian Ship (KRI) in

formulating successful strategies and tactics to fulfill its main duty as TNI.

4.1.4.6. Formulating TNI AL’s SOP and ROE for long range operation beyond

national jurisdiction and signed by President to authorize its political status. SOP

will provide basic guideline for the unit that will exercise the operation. Meanwhile,

Rule of Engagement (ROE) needs to be very clear for its international implication.

Military ship represent a mobile extended territory, thus its ROE needs to be

validate by political leader, instead of military; to ensure any possible incident,

assuming it happens in international water, will be politically resolved.

4.1.4.7. Accurate intelligent data on operation’s situation and condition, and the

“enemy” capability in the area of operation, to support the implementation of

strategy and tactic development.

4.1.4.8. Trained and experienced personnel in long range operation to counter the

act of piracy. Such operation will be handled by the Navy Special Force Unit to

avoid employing large number of special force personnel.

4.1.5. Diplomacy. Indonesian Embassy in other countries acts as the extension of

governmental function. In this case, MoFA is expected to be prepared to counter

extraordinary situations, such as piracy incident to Indonesian commercial ships in Somali

water. This preparation including:

4.1.5.1. To prepare Operational Area Analysis. Indonesian Embassies, under MoFA’s

coordination, need to map any possible threats along the sea lanes for Indonesian

commercial ships, according to position of each embassy.

/ 4.1.5.1. To prepare . . . . .

30

4.1.5.1. To prepare staging base for the elements of task force that will be

employed, especially to support 4R.

4.1.6. Indicator of Success. Indicator of success for operational concept applied

on maritime security beyond national jurisdiction for Indonesian interest at sea, are:

4.1.6.1. The establishment of Bakamnas to coordinate the elements of security and

maritime, official and private, as well as the realization of regulations to legitimate

the implementation of maritime security operation beyond national jurisdiction in

order to secure Indonesian interest at sea.

4.1.6.2. The realization of concept for maritime security operation beyond national

jurisdiction by establishing Maritime Security Task Force (Satgaskamnas) to

enhance security assurance for Indonesian ships from the threat of piracy that may

disrupt Indonesian interest at sea.

4.1.6.3. The availability of qualified weapons and personnel of TNI AL to be

deployed in a long range operation beyond national jurisdiction, supported by

government signed operational regulation, to ensure its optimization.

4.1.6.4. Suitable and improved governmental diplomatic capability; with its data

and information support, and the establishment of task force’s staging base for

operation beyond national jurisdiction.

4.1.7. Contribution. Contributions of maritime security operation beyond

national jurisdiction for Indonesian interest at sea are identified as follow:

4.1.7.1. The establishment of Bakamnas coordinates the interests of governments

and private in maritime security issues, supported by appropriate regulation to

legitimate maritime security operation beyond national jurisdiction,

/ will resulted . . . . .

31

will resulted in the more effective decision making mechanism and operation

implementation.

4.1.7.2. The concept of maritime security operation beyond national jurisdiction

will induce the raising of nationalism as there would be more attention from the

state to their security and safety.

4.1.7.3. Long range operation beyond national jurisdiction that is employed by

qualified weapons and personnel, while supported by governmental SOP and ROE

will make the operation more effective to secure national interest at sea, thus

increasing Indonesian contribution in maintaining world’s security and order.

4.1.7.4. Suitable and improved governmental diplomatic capability in providing

data and information support, and the establishment of task force’s staging base

for operation beyond national jurisdiction will expedite operational

implementation thus assuring Indonesian interest at sea.

4.2. Operational Concept for Maritime Security Operation beyond National

Jurisdiction to Secure Indonesian Interest at Sea.

This chapter analyses the best alternatives to resolve the existing problems. It is

formulated within the corridor of theoretical framework, and considers opportunities and

constraints to determine the outline for policy, strategy, and effort as a solution for the problems.

4.2.1. Policy

Maritime security operation beyond national jurisdiction to secure national interest

will assure Indonesian security wherever they are. It applies the value of Pancasila, where

the state is responsible to ensure the safety of its people. TNI AL becomes a part to

exercise this responsibility, by assuring the safety of Indonesian at sea.

/ It is . . . . .

32

It is based on Wawasan Nusantara, the visional foundation of the nation that

perceives Indonesia as a whole, without any discrimination in providing security and safety

assurance to its entire people at any place.

The interconnected marine-based geography constructs borderless roles of TNI AL,

as well as any world’s navy. Any problem and threat in one country will direct or indirectly

affects the others. It corresponds with Ken Booth’s concept, stated the Navy as the

primary element of universal sea power who holds constabulary role to enforce the law

of the sea, maintain sea order, and assure its national interest and safety of its people at

any place. This research mainly considers establishing a harmonizing concept of political

and economic interest within a country, and how the support of military is able to secure

them. The harmony of these three pillars is undoubtedly determining the existence of a

country. If one of pillars is weak then it would weakened the country. However, the

synergy among them will build a strong and firm country. In short, the three pillars are

the main supporting elements of national interest, as illustrated in the figure below :

Figure 4.2 Three Main Pillars Supporting the National Interest

/ Indonesia . . . . .

NATIONAL

INTEREST

PO

LIT

ICS

EC

ON

OM

Y

MIL

ITA

RY

33

Indonesia encounters a number of opportunities that suport the establishment of

maritime security operation beyond national jurisdiction, i.e. euforia of the countries to

joinly combat the threats at and through the sea, economic growth through increasing

export, and the establishment of Indonesian Coast Guard. These will become Indonesia’s

primary assets to employ its navy in international trade lanes, in order to secure national

security as well as to maintain world’s order, especially at sea.

However, Indonesia still struggles with the low political support and budget

limitation in establishing an ideal concept of maritime security operation beyond national

jurisdiction. Nevertheless, to consider these opportunities and constraints under the name

of the broader national security will assure the necessity and employment of maritime

security operation beyond national jurisdiction.

Maritime security operation beyond national jurisdiction is a part of sea control

operation, aims to secure national interest at sea. It corresponds with the idea of Vice

Admiral Stanfield Tunner in his book, Naval War College Review, stated that the missions

of the Navy are, among others, protecting and securing sea lanes for transportation of

material for industries, economic/trade, etc.

The military building theory5 acknowledges two basic elements in forces planning,

i.e. the allocation of limited resources, and the relationship of ends, mean, and risks. Any

dissonance of these basic elements will endanger the security of national interest.

Furthermore, it needs to be understood there is not enough resources to attain every

single desire of a country, hence allocates these limited resource into the most urgent

priority. Accordingly, the planning for military building can be initiated by considering

state’s fundamental interest which reflects its basic necessities.

/ In order . . . . .

5 Richmond M. Lyod and Dinn A. Lorenzini,”A Framework for Choosing Defense Forces,” Naval War College Review, January/February 1981, p. 46.

34

In order to urgently secure national security at sea, Indonesia may apply the Top-

Down approach, i.e. planning the maritime security operation based on national interest

and objectives as a part of National Security Grand Strategy. National interest contains

basic values of the efforts to attain what a state desires6. National interest is not a series

of specific theory, instead mostly suited to the certain era and period of the state’s

leadership; hence it may vary according to time, circumstances and conditions7.

The connection of the concept of national interest and the previous three pillars

is showed in Figure 6.2. The chart is modified from Strategy and Force Planning

Framework.8

Figure 4.3 The Relationship between Military Strategy and National Interest

/ Figure 4.3. . . . . .

6 Yusuf, Suffri. S.H,. Hubungan International Dan Politik Luar Negeri, sebuah Analisis Teoritis dan Uraian Tentang Pelaksanaannya. Pustaka Sinar Harapan. Jakarta. 1989. hal. 30.

7 Ibid, hal.77

8 Richmond M. Lyod, (et al), Strategy And Force Planning, second Edition, Naval War College Press, Newport, RI, 1997,p. 3

National Interest

National Objectives

Political

Strategy

Economic

Strategy

35

Figure 4.3 explains that national interest of one state is determined by its national

objectives, both literally and legally documented like one’s constitution, and its national

political policy taken by the government. Accordingly, the obligation to secure national

interest must be prioritized in state organization, thus a state needs a strong synergy on

its politics, economy, and military strategy. It is as stated by AT Mahn and Geoffrey Till in

their concept of Sea Power.

Geoffrey Till9 in his book Sea Power stated that the navies shall perform four

functions, i.e. sea control, expeditionary operation, good order at sea, the maintenance of

a maritime consensus. Geoffrey Till argues that today’s world navies are not only obliged

to secure its national integrity, but also need to participate in maintaining the global

system of maritime security as an integral part of globalization.

Sea constitutes as resources, transportation lanes, dominion and international

means, thus the Good Order at Sea becomes an essential interest for every state as

maritime security will directly influence the stability of global security.

In order to optimize maritime security along the sea lanes for national trade routes,

particularly beyond national jurisdiction, it is necessary to build an integrally

comprehensive effort from all parties to build and maintain the force of the Navy through

policy formation, budget support, and government coordination with various parties,

including the private with a commitment to support each other for the sake of broader

national interests. Economic strategy must be supported by strong strategy in politics and

military, thus policy and regulation support to coordinate them are essential.

/ Alfred . . . . .

9 Geoffrey Till, Sea Power, Frank Cass Publishers, United States of Amerika, 2004

36

Alfred Thayer Mahan10 confirms the theory with his argument whether the great nations

built upon its capability in dominating its maritime interest; therefore a powerful navy is

essential to protect and attain the broader national interest. Mahan’s theory constructed

a Maritime Concept which emphasizes one’s maritime power. Mahan stated that whoever

controls the sea will control trade and whoever controls trade will control “the wealth

of the world”, and eventually controls the world. Maritime security operation beyond

national jurisdiction is consistent with this idea to build, develop, and assure Indonesian

maritime supremacy as in the era of its imperial history of Majapahit and Sriwijaya.

Rebuilding Indonesian maritime supremacy by enhancing the role of TNI AL in

securing global stability is an effort, among others, for the more advance Indonesian

maritime force under the concept of Mahn and Till’s Sea Power. Geoffrey Till elaborated

the two aspects of Sea Power, i.e. input and output. The former consist of the navy,

coastguard and non military maritime industry, as well as ground force.

Till also stated that Sea Power is not merely about what is needed to control and exploit

the sea, but the sufficient capacity to influence other’s behavior and activity at an

throughout the sea. Sir Julian Corbett11 then added that the Sea Power does not solely

comprise an occurrence at sea, but how it influences the land, for instance the incident

in Somali Water would affect global economic stability, if sea control in positive manner

has not been done.

The concept of Sea Power is currently backed on topic for international world, as

the rapid globalization has brought economic activities to be more global and borderless.

/ Indonesia . . . . .

10 Mahan, A.T, The Influence Of sea Power Upon History, Alumni Seskoal Dikreg Angkatan ke 8 (Penerjemah) Staf Diklatal, Jakarta 1974.

11 Ibid. hal 4

37

Indonesia is one of the countries whose economic has been expanding and is predicted

to be economically advance in the next ten years. Therefore, it is necessary for Indonesia

to implement the concept of Sea Power into its national development planning. Further

explanation on Sea Power is shown in following chart below12.

Figure 4.4 Positioning Maritime Power

According to Figure 4.4. Sea Power comprises the entire capability of a country,

including military and civilian maritime capabilities.

/ The former . . . . .

12 Ibid. p. 3

NATIONAL

FOREIGN ECONOMIC

POLICY

DEFENCE POLICY

MILITARY STRATEGY

LAND

MARITIME POLICY (Civil)

MARITIME

MARITIME STRATEGY (Civil)

AIR NAVAL

JOINT

OPERATIONS

MILITARY OPERATIONS

Maritime Capabilities

(Military)

NAVAL OPERATIONS

Maritime Capabilities

(Civil)

COMMERCIAL OPERATIONS

Maritime

POWER

38

The former involves naval armaments capacity along with its supporting facilities and

infrastructures, such as repairing, maintaining, etc; while the latter comprises the posture

of commercial ships, fishing ships, shipping industry, ships repairing facility, etc. Both

military and civilian maritime capabilities necessitate a well-coordinated concept of

operation, particularly naval concept to ensure the security of national economic interest.

Thus a national policy on maritime security operation beyond national jurisdiction will be

another step forward to build Indonesian Maritime Power.

A.T. Mahn enlisted the six elements of Maritime Power, i.e. geographical position,

physical conformation, extent of territory, number of population, national character, and

character of government. Maritime power is not limited to naval power but broadly

related to state’s control on trade and international economic routes at sea, exploiting

and controlling maritime resources, exercising naval power and maritime economy as

instruments of diplomacy, deterrence and political influence in peace time, and operating

navy force during war time. Sea Power is essential for a great archipelagic state like

Indonesia that shall perceive the elements of Maritime Power as assets to build national

power.

Indonesia needs to implement the concept of Maritime Power in the near future

for several reasons, some problem-related issues of energy security, food security,

weapons of mass destruction, global warming, environment security, and human security.

Diminishing oil reserve and imbalance food supply driven by global warming have been

predicted to increase future conflict potential that may directly infected security at and

throughout the sea. Considerately, Indonesia must strengthen its naval capability to

assure its national interest at sea. Maritime security operation beyond national jurisdiction

necessitates arsenal and personnel readiness as it deals with afar operation and extensive

area that needs to be covered. Therefore,

/ The government . . . . .

39

the government needs to formulate an ideal concept of operation which coordinates

Operational Planning Agency, Command and Control Center for Operation and Maritime

Security Task Force. It is also important to provide a solid legal foundation for operation

that can be politically accepted, national and internationally, and supported by reliable

logistic which is managed in a sustainable supply chain. This is similar with Eccles’s idea13

in Logistics in the National Defense, that “strategy and tactics provide the scheme for the

conduct of military operations; logistics provides the means therefor". In development of

force, logistic remains orients to strategy objective. Meanwhile, close cooperation with

private sector may overcome the issue of limited state budget in preparing necessary

logistic support for in-operation tack force, for example the cooperation with INSA. Such

cooperation may build a mutually supported relationship between military and national

economic strategy that will positively affected Indonesian political existence in global

level. Preparedness of logistic support for the task force also calls for the role of

diplomacy, executed by MoFa through its embassies in and around locations in

operational planning, to arrange some inter-governmental agreements in preparing staging

bases and ensure Task Force’s logistic and access support during operation.

In preparing the concept of maritime security operation beyond national

jurisdiction needs depth thinking through some steps of formulating policy, strategy, and

endeavor. The policy formulation will be founded the strategic direction, objectives, and

target to be devised onto a series of strategies that will be implemented through several

applicative and logically applicable endeavors.

/ This . . . . .

13 Henry E. Eccles, Logistics in the National Defense, Greenwood Press, Publishers Westport, Connecticut, 1898, hal 20.

40

This policy will also cover the concept of security for Indonesian commercial

shipping beyond national jurisdiction to prevent any threat and disruption against national

interest at sea. Therefore, such policy needs the solid foundation of national and

international regulations and laws, for instance UNCLOS 1982, Law of Republic of

Indonesia No. 3/2002 on National Defense, Law No. 34/2004 on TNI, and Resolution of UN

Security Council.

Accordingly, this writing suggests a formulation for policy in realizing the expected

condition, as follow:

“Realizing the Concept for Maritime Security Operation beyond National

Jurisdiction with supporting national policy that is outlined into associated

regulations and law, preparing operational concept, operational readiness, and

enhancing the role of inter-governmental diplomacy in order to assure the security

of Indonesian interest at sea and realizing Indonesian Maritime Power”

Hereafter, the above policy is elaborated into several strategies and endeavors to

solve the problems of maritime security operation beyond national jurisdiction.

4.2.2. Strategies. Strategy is a mean and method to attain objectives. Liddel Hart14

defined it more comprehensively as “the art of distributing and applying military means

to fulfill the ends of policy”. There are three strategies to implement the above policy.

/ 4.2.2.1. Strategy 1 . . . . .

14 http://www.shnews.co/pertahanan-laut-negara-kepulauan. Accesed on 4 March 2015 at 10.45 PM

41

4.2.2.1. Strategy 1. Realizing national policy regulates decision making

mechanism for effective maritime security operation beyond national jurisdiction

by coordinating National Maritime Security Agency and establishing regulations in

supporting preparation and implementation of maritime security operation beyond

national jurisdiction.

4.2.2.2. Strategy 2. Realizing a concept for maritime security operation

beyond national jurisdiction establishes the National Maritime Security Task Force

that is capable and qualifies to be employed independently (qualified for

“Employment” and “Independent”) all year round, with the support of INSA.

4.2.2.3. Strategy 3. Complying operation readiness, consist of

operational foundation, qualify and standardize arms, personnel, and logistic to

employ Long Range Operation by preparing operational foundation, arms

modernizing and modifying, preparing logistic support, training personnel to build

their capability in implementing maritime security operation beyond national

jurisdiction.

4.2.2.4. Strategy 4. Realizing effective inter-governmental diplomacy to

prepare data support, diplomatic access, and staging bases via inter-government,

inter-defense minister, and military officials coordination in order to support and

facilitate the task of maritime security operation beyond national jurisdiction.

4.2.3. Endeavors. Based on the devised Policy and Strategy, there are several

following endeavors to execute in regard of each strategy.

/ 4.2.3.1. Strategy 1 . . . . .

42

4.2.3.1. Strategy 1. Realizing national policy regulates decision making

mechanism for effective maritime security operation beyond national jurisdiction

by coordinating National Maritime Security Agency and establishing regulations in

supporting preparation and implementation of maritime security operation beyond

national jurisdiction.

a. Endeavoring effective decision making mechanism as follow:

1) President shall establish National Maritime Security Agency

to the state agency and components in related to defense and

maritime security function under a Presidential Decree. It is

necessary to facilitate inter-agency coordination in decision making

process for operational implementation.

2) Coordinating Minister of Politic, Legal, and Security Affairs

shall release laws and regulation in decision making mechanism

within National Maritime Security Agency along with its divisional

function and responsibility. it is necessary to ensure understanding

and common perspective thus may accelerate decision making

period for President in producing a decision or policy.

3) President shall establish Command and Control Center for

National Maritime Security to integrate all maritime information in

national and international level. This information will be analyzed

as an input for President, as well as primary data source for TNI AL

in exercising and controlling operation beyond national jurisdiction.

4) TNI HQ shall prepare updated data in current situation,

particularly within selected high-risk area along the routes of

/ International . . . . .

43

international trade which are commonly preferred by Indonesian

commercial ships. These data will be evaluated and analyzed by

National Maritime Security Agency to predict and describe

operational situation mapping.

b. Preparing legal foundation to implement operation as follow:

1) The House of Representative of Republic of Indonesia

(Dewan Perwakilan Rakyat Repubik Indonesia, DPR-RI) shall

approve national law on maritime security operation beyond

national jurisdiction from government’s proposal or from its own

legislative initiation. Such law will provide primary legal foundation

for maritime security operation beyond national jurisdiction.

2) The House of Representative shall amend the Law No.

3/2002 on National Defense and law No. 34/2004 on TNI. Both laws

have not regulated the duty of TNI AL beyond national jurisdiction

which is essential to provide legal assurance in implementing the

operation.

3) Ministry of Defense shall coordinates with Ministry of Justice

and Human Right in formulating a draft on national policy of

maritime security operation beyond national jurisdiction. It shall be

discussed in MoD, and reported to President to be taken into

legislation in The House of Representative.

4) Ministry of Justice and Human Right shall adopt and ratify

international conventions and laws in related to managing authority

in maritime security operation beyond national jurisdiction.

/ it . . . . .

44

It can be considered as an input for the government to formulate

a draft of law in maritime security operation beyond national

jurisdiction.

5) TNI HQ shall include maritime security operation beyond

national jurisdiction into TNI contingency planning, to lay another

legal foundation in preparing operation and ensure its budget

availability.

6) TNI AL HQ shall provide proposal on data requirement to

formulate the law on maritime security operation beyond national

jurisdiction. These data can be collected based on personal

experiences or other countries’, which is hierarchically submitted

to TNI HQ, Ministry of Defense, and the President.

7) TNI AL shall publish military paper on the importance of its

planned operation in related to the need of realizing the concept

of Indonesian Sea Power within national development plan. The

paper may institute law-making in maritime security operation

beyond national jurisdiction.

4.2.3.2. Strategy 2. Realizing a concept for maritime security operation

beyond national jurisdiction establishes the National Maritime Security Task Force

that is capable and qualifies to be employed independently (qualified for

“Employment” and “Independent”) all year round, with the support of INSA.

a. Establishing National Maritime Security Task Force for maritime

security operation beyond national jurisdiction as follow:

/ 1) President . . . . .

45

1) President shall formulate national policy on maritime

security operation beyond national jurisdiction by TNI AL with the

establishment of National Maritime Security Task Force legitimated

under a Presidential Decree.

2) Ministry of Defense shall release regulation on

implementing mechanism of maritime security operation beyond

national jurisdiction by National Maritime Security Task Force. This

ministerial regulation shall be submitted to the President as an

input to formulate Presidential Decree on related stipulations of

the composition of force involved, command and control,

organizational structure, and operational administration and logistic

support.

3) TNI HQ shall formulate Standard Operating Procedure (SOP)

for maritime security operation beyond national jurisdiction by TNI

AL. It shall regulate permanent organization, instruction, and

coordination on principals, foundations, and stages for the Task

Force that is employed for operation, involving the process of

stopping, inspecting, and arresting in regard to national and

international law and regulations.

4) TNI HQ shall register required logistic and composition of

arsenal and personnel forces of TNI AL involved in maritime security

operation beyond national jurisdiction, in order to support National

Maritime Security Task Force.

/ 5) TNI AL . . . . .

46

5) TNI AL HQ shall devise and prepare standardized weapon

requirement to exercise operation beyond national jurisdiction and

join the National Maritime Security Task Force.

6) TNI AL HQ shall register and prepare the needs of

Indonesian ship’s crews and the special force to support the

employment of National Maritime Security Task Force.

b. Cooperating with INSA

1) Ministry of Defense cooperated with Ministry of Justice and

Human Right and Ministry of Finance, shall formulate a regulation

on national policy to cooperate with INSA in supporting the

financing of maritime security operation by TNI AL beyond national

jurisdiction. It shall be submitted to compose the Presidential

Decree.

2) Ministry of Defense cooperated with Ministry of Justice and

Human Right and Ministry of Finance, shall formulate a co-financing

scheme for maritime security operation beyond national jurisdiction

between the government and INSA, including the percentage or

amount to complied by each party, under a cooperation agreement

between them.

3) Ministry of Defense cooperated with Ministry of Justice and

Human Right and Ministry of Finance shall conduct transparent

socialization of the government-INSA cooperation agreement to all

/ the people . . . . .

47

the people to realize an adequate and procedural financing

mechanism.

4) TNI HQ shall register and determine the standardization for

logistic to support the operation based on the task force’s

operational requirement, i.e. type of fuel, lubricant oil, and other

ingredients to fulfill personnel needs during the operation beyond

national jurisdiction. This list is necessary to assist INSA in preparing

logistic specification to be distributed to all task force elements in

staging bases.

5) TNI HQ shall compose Deployment Schedule and Repairing

Schedule of the in-operation task force elements, to help INSA

plans the preparation of facility for maintaining and repairing, as

well as scheduling the resupply for task force’s elements in

operation areas.

6) TNI AL HQ shall prepare a Guideline on communication

network and coordinating mechanism with INSA, in related to

pattern of operation and its appropriate security, and the procedure

of protection support for INSA member-ships.

7) TNI AL HQ shall arrange the schedule for operational

employment or guarding INSA member-ships, including each

associate time and point of departure for point-to-point guarding.

8) INSA shall prepare its budget requirement plan to be

distributed as logistic support for maritime security operation

beyond national jurisdiction. This plan shall be compiled regarding

the cooperation agreement with the government.

/ 9) INSA . . . . .

48

9) INSA shall socialize the cooperation to all of its members

about, financing assistance, guarding schedule, communication

procedure, and reporting system to the in-operation national

maritime security task force.

4.2.3.3. Strategy 3. Complying operation readiness, consist of

operational foundation, qualify and standardize arms, personnel, and logistic to

employ Long Range Operation by preparing operational foundation, arms

modernizing and modifying, preparing logistic support, training personnel to build

their capability in implementing maritime security operation beyond national

jurisdiction.

a. Establishing operational foundation for maritime security operation

beyond national jurisdiction, as follow:

1) Ministry of Defense shall regulate a Ministerial Decree

(Permenhani) on guideline for maritime security operation beyond

national jurisdiction by TNI AL as an appropriate response to the

law on TNI AL’s maritime security operation beyond national

jurisdiction.

2) Ministry of Defense shall conduct the socialization of the

Ministerial Decree and National Maritime Security Task Force in

discussions and national seminars on optimizing state’s function

held by TNI AL to service and protect the safety of citizen at any

place, as the embodiment of Indonesian Sea Power concept.

/ 3) TNI . . . . .

49

3) TNI HQ shall revise the TNI Doctrine of Tri Dharma Eka

Karma (Tridek) to include the Long Range Operation beyond

national jurisdiction as one of TNI operation. It is expected to ensure

coordination and to prepare operation planning.

4) TNI HQ shall compose a Master Guideline Book on the long

range operation beyond national jurisdiction by TNI AL as a

response to the revised Doctrine, which contains general guideline

on maritime security operation beyond national jurisdiction.

5) TNI HQ shall compose an Operational Guideline Book on

long rangse operation beyond national jurisdiction by TNI AL. This

book shall regulate the procedure for operation, command and

control, and administration and logistic support.

6) TNI AL HQ shall compose the Standard Operating Procedure

(SOP) and Rule of Engagement (ROE) for maritime security operation

beyond national jurisdiction, by establishing Working Group whose

result shall be hierarchically submitted to be signed by the

President, thus ensure the more legitimate SOP and ROE.

7) TNI AL HQ shall validate the organization in related to the

establishment of National Maritime Security Task Force that

specializes in naval operation beyond national jurisdiction. The

result shall be included into the Regulation of Navy Chief of Staff

(Perkasal).

b. Preparing arsenal for TNI AL to execute maritime security operation

beyond national jurisdiction.

/ 1) Ministry . . . . .

50

1) Ministry of Finance shall regulates budget planning for

developing and employing naval force, in order to execute its duty

on maritime security operation beyond national jurisdiction.

2) Ministry of Defense shall formulates procurement,

modification, and modernization plan for armaments and other

supporting equipments for TNI AL executing its duty in securing

national interest beyond national jurisdiction.

3) Ministry of Finance coordinated with Ministry of Defense, TNI

HQ, and TNI AL HQ to establish development planning of internet-

based communication system within the C4ISR architecture. It is

essential to facilitate Command and Control in executing operation

beyond national jurisdiction.

4) Ministry of Finance coordinated with Ministry of Defense, TNI

HQ, and TNI AL HQ, under the approval of House of

Representatives, shall conduct the process of planning, calculating

budget, and making decision on the procurement of assault

helicopters equipped with sensors and modern weaponries to

support the implementation of maritime security operation beyond

national jurisdiction by TNI AL.

5) Ministry of Defense shall coordinate with National Strategic

Industry to modernize and optimize the elements of force and

arsenal for TNI AL by enhancing capability of domestic industry, i.e.:

a) PT. PAL shall cooperate in producing Indonesian

Ships with customizable capability and function for

/ operational . . . . .

51

operational requirement to support naval Long Range

Operation beyond national jurisdiction.

b) PT. Pindad shall cooperate in providing firearms and

ammunitions for the counter-piracy operational

requirement, both for the battleship and the special force

of TNI AL, to execute their duties in maritime operation

beyond national jurisdiction.

c) PT. LEN shall cooperate in endeavoring capability of

SEWACO combat system and the required spare-parts,

including the hi-tech components such as electronic

component, a microchip, for the sensory radar (detection

equipment), communication equipments, and weaponries

system for the task force’s elements.

d) PT. Dirgantara Indonesia (DI) shall cooperate in

providing spare-parts and enhancing aerial capability

(helicopter) as an element of maritime surveillance and

deploying a strike by installing additional/new sensor and

weapon equipments or modifying the existed ones.

6) Ministry of Defense coordinated with TNI HQ and TNI AL HQ

shall evaluate and revise the concept of Indonesian Millennium

Essential Force (MEF) of TNI AL on arms procurement, to be suited

to the Long Range Operation which more necessitates the elements

of Frigate Class and Corvette Class.

/ 7) TNI . . . . .

52

7) TNI HQ shall formulate a draft of proposal for arms

procurement, modification, and modernization to support the task

force’s readiness in exercising operation beyond national

jurisdiction. This proposal shall be submitted to the Ministry of

Defense.

8) TNI AL HQ shall plan and determine the technical condition

of its weaponries, as well as ensuring the readiness of elements

that will be deployed into operation, including the readiness of

navigation, communication, SEWACO, and ship’s technical

condition.

c. Preparing personnel requirement with adequate capability for

operation beyond national jurisdiction, as follow:

1) Ministry of Defense shall discuss and simulate legal aspect

as part of education and training to prepare a depth understanding

of the involved military officials and components about the legal

corridors of naval operation beyond national jurisdiction. It is

necessary to avoid any misconduct that may break national and

international regulation.

2) Ministry of Defense shall compose a Ministerial Decree on

education and training guidelines for Indonesian Ships’ personnel

and Special Force, in order to enhance their capability and skill

before they are deployed to the maritime security operation

beyond national jurisdiction.

/ 3) TNI . . . . .

53

3) TNI HQ and TNI AL HQ shall prepare personnel with

standard capability to employ operation beyond national

jurisdiction by conducting intensive education and training

supported by sufficient equipments.

4) According the schedule of TNI HQ on Training Plan, TNI AL

HQ shall conduct education and training for personnel that will be

employed on National Maritime Security Task Force.

5) TNI AL HQ shall register, calculate, and plan budget

requirement to equip Indonesian Ship’s crews and personnel of

Special Force of TNI AL during the operation. Requirement plan for

personnel support shall be hierarchically submitted to the TNI

Commander and Ministry of Defense.

d. Preparing logistic support for the elements employed in maritime

security operation beyond national jurisdiction, as follow:

1) Ministry of Finance coordinated with Ministry of Defense, TNI

HQ, and TNI AL HQ shall compose budget requirement to fulfill

logistic support in naval maritime operation beyond national

jurisdiction.

2) TNI HQ, particularly the TNI Commander, under the

approval of the House of Representatives and the President, shall

establish inter-military agreements with other national Commander

in and around the area of operation. This agreement may be

constructed upon the existing Logistic Support Agreement (LSA)

/ that . . . . .

54

that regulates permitted activities, force quantity, and period of

military presence for National Maritime Security Task Force.

3) TNI AL shall design and propose the requirement of

equipments, infrastructure, and facilities for elements of the Task

Force in employing the operation. The designs and proposals shall

be hierarchically submitted to the TNI HQ and Ministry of Defense.

4.2.3.4. Strategy 4. Realizing effective inter-governmental diplomacy to

prepare data support, diplomatic access, and staging bases via inter-government,

inter-defense minister, and military official coordination in order to support and

facilitate the task of maritime security operation beyond national jurisdiction.

a. Preparing the data support and diplomatic access for the Task Force

in employing operation, as follow:

1) Ministry of Foreign Affairs coordinated with Ministry of

Defense, Indonesian National Intelligence Agency (Badan Intelijen

Negara, BIN), shall compose situational map of high-risk

international sea lanes and conduct intelligent analysis on them.

The map should cover the situation of coastal and waters area,

armed criminal groups, and supporting factor that can be utilize by

TNI AL around the disturbed water.

2) Ministry of Foreign Affairs shall enhance capability of the

staff of embassies to collect important data to analyze any

possibility of disruption on the waters within embassy’s territory.

Such capability may be attained through education and training to

/ ensure . . . . .

55

ensure accurate and updated data and information on situational

development in its area, which then reported in an Operational Area

Analysis.

3) Ministry of Foreign Affairs coordinated with Ministry of

Defense and Indonesian National Intelligence Agency shall compose

a book of guideline and an operational guideline of naval operation

beyond national jurisdiction, which includes guidelines on tasks and

responsibilities to be employed by each division, as well as

regulates command and control of the operation.

4) Ministry of Foreign Affairs coordinated with Ministry of

Defense and National Intelligence Agency (BIN) shall continuously

update their database on the high-risk international waters and

distribute this updated data to all Indonesian embassies abroad and

other related agencies in order to maintain their awareness level.

5) Ministry of Foreign Affairs shall conduct socialization about

the concept of naval maritime security operation beyond national

jurisdiction to all Indonesian embassies abroad and its other

representatives to promote understanding on the operation’s

patters. This socialization may be conducted via lectures, discussion,

education, and training from Ministry of Defense and BIN to build

naval capability in executing its duty in operational area.

6) TNI HQ shall build a close cooperation with military leader

of the future host country, in order to ensure the issues of permit,

and to facilitate in-operation Task Force’s elements and personnel.

/ It . . . . .

56

It also includes the endeavor of accurate data and information

sharing on the situation of operational area, predicts the force of

the opponent, conducts Operational Area Analysis, etc to support

data requirement for the Task Force during operation in said area.

This cooperation shall be legalized into official agreement.

7) TNI AL HQ shall build intensive relationship and cooperation

with other navies that are operated in the area to build cooperation

and coordination in data and information sharing and accomplish

the operation.

8) TNI AL HQ shall build communication and intensive

relationship with Indonesian Defense Attaché around operational

area, to facilitate data and diplomatic access for the in-operation

elements and personnel.

b. Preparing staging bases, as follow:

1) Ministry of Foreign Affairs shall compose an agreement with

the Minister of Foreign Affairs of the future host countries to prepare

staging bases for the Replenishment, Repair, Recreation and Rest

(4R) of Indonesian Ships within the future host-country’s territory. It

shall facilitate the implementation of naval maritime security

operation beyond national jurisdiction.

2) Ministry of Defense shall conduct the follow-up by

composing agreement with the Minister of Defense of the future

host-country; it shall discuss the Logistic Support Agreement (LSA),

an agreement on facilitating logistic support in the staging bases for

on-duty naval personnel.

/ 3) TNI . . . . .

57

3) TNI HQ, particularly the TNI Commander, with the approval

of the House of Representatives and the Government shall

compose inter-military agreement with the Commander of future

host-country, under the LSA, to discuss the 4R facilities for the

elements and personnel of National Maritime Security Task Force.

4) TNI HQ shall compose SOP for Security for the elements

and personnel during 4R in the staging bases around operational

area. It is important to maintain the awareness and protect security

and safety of every on-duty elements and personnel.

5) TNI AL HQ shall prepare ground teams to accompany the

task force that undergoes the 4R around the operational area. The

ground teams consist of liquid logistic team, repairing and

maintaining team, and intelligence team to protect the entire

elements and personnel during the 4R.

6) TNI AL HQ shall list and compose a guideline book for every

Commander of elements and Task Force’s, contains procedural

matters and communication policy, clandestine nature of the

operation, surveillance and security during the 4R in staging base.

/ Chapter 5 . . . . .

CHAPTER 5 CONCLUSION

5.1. Conclusion

5.1.1. Indonesian economic improvement has encouraged shipping as alternative agent to

transport commercial commodities. However, merrier traffic on the sea has also increase its

vulnerability, thus calls for a national policy to employ maritime security operation beyond

national jurisdiction by TNI AL. It shall be conducted with the establishment of National

Maritime Security Agency and Command and Control Center for Maritime Security, as well

as preparing legal foundation, i.e. laws and regulations to legitimate maritime security

operation beyond national jurisdiction.

5.1.2. National policy of maritime security operation beyond national jurisdiction by TNI AL

shall be responded by the establishment of National Maritime Security Task Force with

capability to be employed independently in a year-round operation. The cost for the Task

Force and its operation shall be co-financed by the government and INSA.

5.1.3. National Maritime Security Task Force shall be supported by legitimate operational

foundation, arms readiness, qualify personnel, and other supporting equipments to execute

the Long range Operation beyond national jurisdiction.

5.1.4. Maritime security operation beyond national jurisdiction of TNI AL necessitates data

readiness, diplomatic access, and staging bases to support the operation, thus shall be

coordinated under inter-governmental, inter-minister, or inter-military commander

agreements.

/ 5.2. Suggestion . . . . .

59

5.2. Suggestion

5.2.1. The Government shall encourage closer cooperation on maritime security among

ASAN member-states to anticipate higher possibility of threats at sea, under cooperation

pattern of information sharing, join patrol, etc. It is expected that these cooperation may

develop into ASEAN Maritime Security Joint Patrol/Operation that can be deployed in

international water in order to protect national interest of ASEAN member-states as well as

to amplify ASEAN’s existence in global theater.

5.2.2. The Government and The House of Representatives shall immediately regulate the

establishment of Indonesian Coast Guard to construct a more adequate operational pattern

in countering maritime crimes. It is necessary so TNI AL may focus more in handling crimes

in Indonesian EEZ and beyond; meanwhile Indonesian Coast Guard operates in territorial

water and archipelagic sea. This concept shall be constituted into state’s regulation to

optimize security endeavors to protect national security at sea.

5.2.3. The Government shall adopt the U.S. Military Civil Disturbance Standing Rules for the

Use of Force (SRUF), the rules represented into cards or pocket book that simply regulates

the procedure upon certain circumstances and including methods of self defense, force

deployment, avoiding confrontation, etc. This book may help on-duty personnel in operation

beyond national jurisdiction to make accurate decision and take rapid action in facing threats

or dangers.

Irvansyah Colonel Navy

60

BIBLIOGRAPHY

Books

Dick Sherwood, The Navy and National Security : The Peace Time Dimension, Canberra, Australia : Strategic and Defence Studies Centre, 1994.

Sam Bateman and Dick Sherwood, Strategic Change and Naval Role, Canberra, Australia : Strategic and Defence Studies Centre, 199.

Mahan, A.T, The Influence Of sea Power Upon History 1660-1783, Dover Publications, INC, New York, 1987.

Ken Booth, Navies and Foreign Policy, Croon Helm Ltd, London, 1977.

Geoffrey Till, Sea Power, United States of Amerika, Frank Cass Publishers, 2004 Richmond M. Lyod and Dinn A. Lorenzini, A Framework for Choosing Defense Forces,

Naval War College Review, January/February 1981.

Richmond M. Lyod, Strategy And Force Planning, second Edition, Naval War College Press, Newport, RI, 1997.

Henry E. Eccles, Logistics in the National Defense, Connecticut, Greenwood Press, Publishers Westport, 1898.

61

Articles

Corveleijn, M. Maritime Counterpiracy operations Near Somalia, Netherland Maritime Warfare Centre, May 2011.

Stanfield Tunner, Naval War College Review, January/February 1981. Naval War

College Press, Newport,RI. Widodo Teguh, Pelajaran Berharga dari Pembajakan MV. Sinar Kudus, Dharma

Wiratama, Seskoal, 2011. Guspurlabar, Implementation Report of Ocean Ambassador Task Force I/2011,

Western Fleet Marine Force (Guspurlabar), Indonesian Navy, 2011. Yusuf, Suffri. S.H,. Hubungan International Dan Politik Luar Negeri, sebuah Analisis

Teoritis dan Uraian Tentang Pelaksanaannya. Pustaka Sinar Harapan. Jakarta, 1989.

Helvas Ali, A. Peran Angkatan Laut Dalam Operasi Perdamaian PBB Di Lebanon (The

role of TNI AL in the UN Peacekeeping Operation in Lebanon). Quarterdeck, Bulletin of Defence and Maritime Forum, Volume 2 No. 7 January 2009.

Cakrawala Magazine No. 400, 2009 entitled Perang Terhadap Perompakan di

Perairan Somalia mulai Membawa Hasil (War on Piracy in Somalia Water Began to Take Effect) discussed the efforts taken by multinationals Navies and their success stories in combating piracy Somalia.

Mangindaan, R. Counter sea Piracy: Indonesia Remedies, 2011. Quarterdeck, Bulletin

of Defense and Maritime Forum, Volume 5, No. 5, November 2011.

62

Internet

http://www.id.wikipedia.org/wiki/Wawasan_Nusantara, Accessed at 30 December 2015, 09.37 PM (Western Indonesian Time).

http//www.antaranews.com/berita/TNI akan kembali kirim KRI ke Lebanon. Accessed at 19 January 2016, 20.23 WIB.

http//www.bps.go.id/Statistik Indonesia Tahun 2011. Accessed on 5 March 2016 at 21.00 WIB.

63

CURICULUM VITAE

1. Personal Data.

a. Name : Irvansyah

b. Rank / Corps : Colonel Navy / Navigator

c. SSN : 9807/P

d. Occupation : Commanding Officer of Seaman Education Center

e. Place Of Birth : Bengkulu Province – Indonesia

f. Date Of Birth : May, 10 1968

g. Marital Status : Married

h. Type Of Blood : “B”

i. Religion : Moslem

j. Address : Jl. Teluk Sampit No. 4 Tanjung Perak Surabaya City

East Java Province – Indonesia (60177)

2. Military Education.

a. Indonesian Naval Academy : 1990

b. Officer Advance Course I : 1995

c. Long Gunnery Course - PNS Bahadur - Pakistan : 1996

d. Officer Advance Course II : 2001

e. Naval Command and Staff College : 2004

64

3. Tour of Duty

a. Various Post on board ships

b. Commanding Officer Of KRI Teluk Celukan Bawang – 532

c. Commanding Officer Of KRI Pattimura – 371

d. Commanding Officer Of KRI Nala – 363

e. Operation Staff at Naval Headquarter

f. Commanding Officer Of Officer Advance School

g. Commanding Officer Of KRI Oswald Siahaan – 354

h. Commanding Officer Of Electronic and Weapon Control Training Center

i. Commanding Officer Of Naval Base – Sorong

j. Chief of Operation Assistance Of Main Naval Base V – Surabaya

k. Chief Of Staff Of Eastern Sea Battle Group

4. Last Position : Commanding Officer Of Seaman Education Center.

65

Interview Research Thesis entitled "Conception of Maritime Security Operation beyond National Jurisdiction to Secure Indonesian National Interest At Sea"

with Indonesian Naval Attache for Kingdom of Thailand – Indonesian Embassy – Petchburi Road – Bangkok- Thailand Colonel Navy (E) Hidayaturrahman Nrp. 11415/P , February 17, 2016 at the Indonesia’s Embassy in Petchburi

Road - Bangkok. E-mail : [email protected]

1. When connected with the development of today's strategic environment by the father of whether it is time for Indonesia to implement maritime security operations beyond national jurisdiction?

Answer : In my opinion the way it should Indonesia carry out operations to secure our vessels conducting activities outside our waters. Due to Indonesia's economy is growing and I believe the sooner more improvement, it should be anticipated from now so it will be able to provide conducive environment for the Indonesian economy.

/ 2. What . . . . .

66

2. What could be the obstacles and challenges in implementing maritime security operations beyond national jurisdiction?

Answer : When you look at the current state, there are still many obstacles to be overcome and requires support from many stakeholders, for example :

a. Must do military budget increase is not small in carrying out this operation.

b. It should be done in coordination with the Foreign Ministry in the case ready for diplomacy support with countries adjacent to the area of the operations.

c. National security agencies need to be established which became the coordinator of the implementation of operations at once.

d. Need to build advance bases which have adequate facilities.

3. Who should be involved?

Answer:

a. In my opinion for the planning phase or the formation of these operations need to involve several agencies that are : Ministry of finance, ministry of defense, foreign ministries, the military headquarters, the trade ministry, the ministry of transport, the House of Representatives and INSA.

b. In the implementation phase of the operation involving the foreign ministry, the defense ministry, the armed forces headquarters and to involve all services in Indonesian armed forces.

/ 4. What . . . . .

67

4. What are the impacts and benefits to the maritime security operation carried out this?

Answer: There are so many impacts and benefits that can be obtained with the implementation of this maritime security operations. That are :

a. Will be acquired sense of security by Indonesian ships which undertake the export - import by sea, eventually will increase the confidence of other countries to do business with Indonesia that will ultimately improve the overall Indonesian economy.

b. In addition to providing security for ships, this operation will also increase security in the ASEAN region waters and other waters.

c. This operation also provides the confidence of other countries will be the ability of the Indonesian military in carrying out operations outside the country, thus providing a deterrent effect and would strengthen the State of Indonesia as a world maritime axis.

d. If it is accepted by the government, the Navy will get an additional budget and that more equipment so it can have more sophisticated equipment and will ultimately increase the confidence and pride of the soldiers.

5. Is there an alternative to cooperation with other parties to support this operation?

Answer: Yes, of course. The government in this case the military to cooperate with INSA in terms of funding and also in the coordination and implementation in the field of communication should always be done for securing these ships.

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Interview Research Thesis entitled "Conception of Maritime Security Operation beyond National Jurisdiction to Secure Indonesian National Interest At Sea" with

Charge D’Affair Ad Interm / Deputy Chief Of Mission (DCM) – Minister of Indonesia Embassy to the Kingdom of Thailand Bebeb A.K.N. Djundjunan, SH, LL.M. February 17, 2016 at the Indonesia’s Embassy in Petchburi Road - Bangkok.

1. What do you think about Maritime Security Operation beyond national jurisdiction?

Answer:

FIRST: To carry out the operation which is adjacent to the territorial waters of other countries should be preceded by treaty / agreement between the two countries on a bilateral basis, except against the State that has been deemed a failure by the United Nations.

SECOND: To carry out previous bilateral agreements also need to have certainty on the border and at sea with State innovative.

/2. What ……

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2. What is the better way to conduct maritime security operations at the border of the two countries?

Answer: For the implementation of the operation with the States bordering Indonesia already has a very good example of cooperation in the form of coordinated security operations, such as in Singapore and Malacca straits without involving other countries who are not interested as well and can perform hot pursuit.

3. Do you think conducting maritime security beyond national jurisdiction should be navy?

Answer : Based on international law such as the UNCLOS 1982 and preparedness in the form of materials, concepts and organizational structure is supposed to be only the navy that could carry out such operations.

4. Do you think we can carry out maritime security operations outside our jurisdiction?

Answer: There are several principles as a benchmark as follows:

1. If there is an urgent need or emergency we can only do so, such as when exactly we aware of any activity related to terrorism, illegal drugs while communicating with the State which is a breakout objective.

2. When entering the waters of the other country as soon as possible submit the implementation of the chase to the State concerned.

/ 5. Is it . . . . .

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5. Is it necessary to involve the foreign ministry?

Answer:

1. The course must involve foreign ministries and embassies of Indonesia, because it is his duty to support all government policies at home and abroad, including to protect Indonesian citizens.

2. The foreign ministry to provide support in the form of communicating our activities, carry out negotiations even arrange logistic support when needed.

6. What can we do in the future in support of maritime security operations ?

Answer : I find it necessary to set up a joint maritime security agencies in the ASEAN region, which will facilitate coordination and communication in the conduct of maritime security operations that we conducted and if necessary implemented together.

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CAPTAIN (N) DWI SULAKSONO Senior Staff Officer for Potential Development, Operations Staff, Indonesian Navy HeadQuarter – Cilangkap – Jakarta – Indonesia. E-mail : [email protected]

Interviewed by e-mail On Thurstday – May 12, 2016 at 01.18 PM 1. Do you think the maritime security operation beyond national jurisdiction will

benefit the State Indonesia ? Can you mention some of these gains ?

Answer: This course will provide advantages or benefits to Indonesia, there

are a few that I can mention, namely:

a. It will give More effective decision making mechanism upon

situations that requires exercising maritime security operation beyond

national jurisdiction.

b. It will also give some Legal foundation for maritime security

operation beyond national jurisdiction.

/ 2. In your . . . . .

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2. In your opinion, what methods can be implemented so that these operations

can be done well ?

Answer: There are some things that need to be met for implementation of

the operation can be done well, as follows:

a. Government should establish National Maritime Security Agency

(Badan Keamanan Maritim Nasional, Bakamnas) as a coordinating

institution for operational planning, involving related stakeholder

b. This Agency should establish Command and Control Center for

National Maritime Security (Pusat Komando dan Pengendalian Keamanan

Maritim Nasional, Puskodal Kamnas) as a center for every data potential

and maritime information, national and international, to be analyze as

updated interconnected data.

c. TNI Headquarter have to establish National Maritime Security Task

Force (Satgas Kamnas), including: elements of Indonesian Ships,

helicopters, and Special Forces Unit of the Navy /Air Force.

d. Minister of Foreign Affairs should prepare staging bases in the

countries along the coast of operational areas to support the Task Force.

/ 3. As you . . . . .

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3. As you have said before, in your opinion how this operation should be

controlled

Answer: In my Opinion Maritime Security Operation Beyond National

Jurisdiction should be directly under Command and Control of the President.

TNI Commander as operational controller, while tactical control is under

Commander of Satgaskamnas. In other hand Puskodalkamnas will be act as the

center of coordination and information for operation beyond national

jurisdiction.

4. What strategies can be formulated to follow up the government's policy to

carry out maritime security operations ?

Answer: There are some strategies that might be used to implement the

government’s policy.

a. First : Government should realizing national policy regulates

decision making mechanism for effective maritime security operation

beyond national jurisdiction.

b. Second : We should realizing a concept for maritime security

operation beyond national jurisdiction establishes the National Maritime

Security Task Force to be employed independently,

/ with . . . . .

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with the support of INSA.

c. Third. TNI Headquarter should complying operation readiness,

consist of operational foundation, qualify and standardize arms,

personnel, and logistic to employ Long Range Operation by preparing

operational foundation, arms modernizing and modifying, preparing

logistic support and training personnel.

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Colonel Navy (P) Salim – Staf officer for Assistant of Operation for Commander In Chief Indonesian Armed Forces HeadQuarter – Cilangkap – Jakarta – Indonesia. E-

mail : [email protected] The Writer of books : 1) Dzikir Daud untuk meruwat kepemimpinan nasional, 2) Kodrat Maritim Nusantara, 3) Strategi Maritim pada perang Riau 4) Strategi Maritim Pada perang Laut Nusantara 5) A Pathway to Indonesia’s maritime future; the role of maritime policy, doctrine and strategy. 1. As I have explained on maritime security operations, in your opinion whether

there are alternatives of employment?

Answer: There are alternatives model of employment that I can suggest

for securing Indonesia’s national interest at and through the sea, are as follow:

a. First : TNI AL employs independent operation but financially

cooperate with Indonesia National Ship-owners Association (INSA) to

answers the problem of budget limitation.

b. Second : Indonesian may coordinate with other ASEAN

member-states to implement a specific joint task force.

/ Third . . . . .

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c. Third : Indonesia may urge the United Nations to employ

military operations other than war in a joint operation for anti-piracy

measure at sea to avoid any conflict of interest in Indonesian foreign

policy and may resolve the budgetary problem.

2. In your opinion, what are the targets can be achieved with the

implementation of this maritime security operations ?

Answer: There are some targets can be achieved by implement this

maritime security operation, for examples : The operation will then can

secure Indonesian commercial ships, also can secure national economic

interests at sea, and to ensure the safety of Indonesian citizen on board ships,

in otherhand the force also act as a standby force that can be deployed at

any time in other conflicted areas.

3. As a major component of maritime security operations, what should be done

by the Navy to increase the operational readiness ?

Answer: There are some things that must be done by the Navy :

a. TNI AL should formulate SOP and ROE for long range operation

beyond national jurisdiction and signed by President to authorize its

political status.

/ b. TNI AL . . . . .

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b. TNI AL also should train personnel in long range operation to

counter the act of piracy and select well trained and experienced

personnel.

4. What should be done by TNI Headquarter and TNI AL headquarter to ensure

this maritime security operations that can be performed well ?

Answer : There are some things that should be done for sure :

a. TNI Headquarter shall revise the TNI Doctrine to include the Long

Range Operation beyond national jurisdiction as one of TNI operation.

b. TNI Headquarter also shall compose a Master Guideline Book on

the long range operation beyond national jurisdiction by TNI AL.

c. TNI Headquarter shall compose an Operational Guideline Book

on long rangse operation beyond national jurisdiction by TNI AL.

d. TNI AL Headquater shall compose the Standard Operating

Procedure (SOP) and Rule of Engagement (ROE) for maritime security

operation beyond national jurisdiction.

e. TNI AL Headquarter also shall validate the organization in related

to the establishment of National Maritime Security Task Force that

specializes in naval operation beyond national jurisdiction.

5. In preparing staging bases, in your opinion whether to involve the TNI

Headquarter also or not ?

/ Answer . . . . .

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Answer : Of course, should involve the TNI Headquarter. there are some

things should be done, namely:

a. TNI Headquarter, particularly the TNI Commander shall compose

inter-military agreement with the Commander of future host-country.

b. TNI Headquarter shall compose SOP for Security for the

elements and personnel during 4R in the staging bases around

operational area.

c. TNI AL Headquarter shall prepare ground teams to accompany

the task force around the operational area.

d. TNI AL Headquarter shall list and compose a guideline book for

every Commander of elements and Task Force’s.