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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 :
3.2.3. Colonel Navy (P) Salim – Staff of Chief of Assistant Operation Of Indonesian
Armed Forces Headquarter – Cilangkap – Jakarta – Indonesia. E-mail :
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.