The Maritime Border Management of Indonesia and Timor Leste: By

Military Approach or Welfare Approach?

Posma Sariguna Johnson Kennedy

, Suzanna Josephine L. Tobing

, Adolf Bastian Heatubun

and

Rutman Lumbantoruan

Faculty of Economic and Business, Universitas Kristen Indonesia, Jakarta

University of Pattimura, Maluku, Indonesia

Keywords: Border Management, Border of Indonesia-Timor Leste, Sea Border Area, Military Approach, Welfare

Approach.

Abstract: Indonesia is not currently facing the traditional threat of facing a possible war with Timor Leste. Both

countries are building good relationships with various bilateral cooperation in various fields. Border area

development policy covers two aspects of development, namely prosperity and security. Nowadays, the

view of border management begins to develop by rejecting the assumption that security must be achieved

through the accumulation of forces. On the contrary, the foundation of security is social justice and

economic prosperity. Security is when the society is liberated from poverty and free from fear. Not by force

and certain security arrangements that tend to limit the society freedom. The purpose of this study is to

review the management of maritime border between Indonesia (Maluku Province) and RDTL (Timor Leste)

for evaluation of border handling that has been done. The methodology undertaken is the literature review

by study of border conditions and various opinions on border area governance. Marine border areas in

general, still need more intensive management because there are various problems with neighboring

countries

1 INTRODUCTION

Indonesia is an archipelagic country with a coastline

of about 81,900 kilometers, has border areas with

many countries both land border (continent) and sea

(maritime). Indonesia has an international land

border with 3 (three) neighboring countries, namely

Malaysia, Papua New Guinea, and Timor- Leste.

The land border is spread over three islands, namely

Kalimantan, Papua, and Nusa Tenggara. The islands

are located in 5 (five) provinces of West

Kalimantan, East Kalimantan, North Kalimantan,

Papua and Nusa Tenggara Timur. While in the sea

territorial, Indonesia borders on sovereign rights

with 10 neighboring countries namely Malaysia,

Papua New Guinea, Timor-Leste,

India, Thailand, Vietnam, Singapore,

Philippines, Palau, and Australia.

The scope of the

border area refers to two laws and regulations,

namely Law no. 26 of 2007 on Spatial Planning as

detailed in Goverrnment Regulation no.26 of 2008

on National Spatial Plan, and Law No.43 of 2008 on

State Territory. Law No.43/2008 provides detailed

guidance on the territory of the border areas in more

detail. The definition of border areas is "part of the

territory of the country which lies on the side within

the borders of Indonesia with other countries, in the

case of border areas on the land, in the sub-district".

Land border areas include districts that border

directly with neighboring countries in the land area,

while the marine border area in addition to the

territorial waters of Sea Terriorial, Continental Shelf

and ZEE bordering, also including sub-districts

maritime boundary .

The border area is a strategic area related to the

integrity and sovereignty of the territory of the

country that requires special management. The

management of states boundaries and border areas is

necessary to provide legal certainty on the scope of

state territory, the authority of state territory

management, and sovereign rights. It is carried out

with a common approach to welfare, security and

environmental sustainability. Based on PP. 26 of

2008 on the National Spatial Plan, the border area is

a national strategic area from the standpoint of

defense and security, covering 10 areas (3 border

areas as well as 7 areas of sea border and outer

islands).

348

Kennedy, P., Tobing, S., Heatubun, A. and Lumbantoruan, R.

The Maritime Border Management of Indonesia and Timor Leste: By Military Approach or Welfare Approach?.

DOI: 10.5220/0010277003480354

In Proceedings of Airlangga Conference on International Relations (ACIR 2018) - Politics, Economy, and Security in Changing Indo-Paciﬁc Region, pages 348-354

ISBN: 978-989-758-493-0

In the MPR session in October 1999, the MPR

Decree was issued, no.V/MPR/1999 on the

revocation of MPR Decree no.IV/1978, which

contains the Timor-Leste Integration. The result of

the popular consultation of the Timor-Leste people

has chosen independence as the Democratic

Republic of Timor Leste (RDTL). As a logical

consequence, the Government of Indonesia and

Timor-Leste shall determine the boundaries of the

country for land, sea and air areas, that follow the

existing land and sea boundaries and must be agreed

upon by both countries. The basis for the

determination of land borders is the 1904 Treaty

between the Netherlands and the Portuguese. When

Timor-Leste is still under the Portuguese

Government the territory consists of: Oecussi, East

Timor, Goat Island (Atauro) and Yako Island.

Timor-Leste's independence from the Indonesian

occupation made the border with the State of Timor-

Leste an international border.

The Indonesian Land Border Area with Timor-

Leste is located in Nusa Tenggara Timur Province.

While the maritime boundary between the State of

Timor Leste-Australia with the Province of Maluku

and Papua are 20 small outer islands (Ararkula

Island,

Direktorat Jenderal Strategi Pertahanan,

(2007).

Study of Optimization of Maritime Border Area

Handling of RI-RDTL in the Framework of

Maintaining the Unity of NKRI .

Karaweira, Panambulai, North Kultubai, South

Kultubai, Karang, Enu, Rock Goyang, Larat,

Asutubun, Selaru, Batarkusu, Masela ,

Miatimiarang, Leti, Kisar, Wetar, Liran, Kolepon,

and Laag). Specific to the Indonesian Sea Border

Area with Timor-Leste State are the 5 (five) small

outermost islands (Alor Island, Batek, Dana, Ndana,

and Mangudu). In the determination and settlement

of boundaries, Indonesia has three areas requiring

the delimitation of maritime boundary locations with

the Democratic Republic of Timor Leste. The three

potential locations are the Ombai Strait, the Wetar

Strait and the Timor Sea. These maritime boundaries

include covering the Territorial Sea, Continental

Shelf, and ZEE Boundary. So far, the settlement of

maritime boundaries between Indonesia and the

Democratic Republic of Timor-Leste still have to

wait for the completion of the land border between

the two countries.

Border security by Indonesia is classified as a

"hard-border security regime" or a strict border

security arrangement. In this type of arrangement,

borders are closely guarded by armed forces, while

border crossings are limited in number and kept not

only by immigration officers but also by armed

police and armed forces. Countries that enforce the

"hard-border security regime" tend to limit the

inflow of crossers to national security grounds. The

opposite of "hard-border regimf' is a border

arrangement called “soft- border security regime".

The state does not limit the border crossers very

much because it does not consider this to pose a

threat to national security. Border posts are not

limited to a small number of places. Border guards

need not involve fully armed troops. This system is

usually adopted by countries in the region that

develop peaceful co-existence, countries in the

region are not disturbed by the presence of

neighboring countries. Two friendly countries do not

feel threatened.

2 OBJECTIVES AND METHOD

The purpose of this paper is to examine the handling

of maritime border between Indonesia and RDTL

Country as material for evaluation of border

handling that has been done. The methodology used

is literature review and discussion (forum group

discussion), by studying border conditions and

various opinions and arguments on border area

governance. The area of the sea border in general,

still requires more intensive management because

there are various problems with neighboring

countries.

3 DISCUSSION AND

ARGUMENTS BORDER

MANAGEMENT

The land border areas in Indonesia are generally far

from the centers of economic growth and

governance. The imbalance of economic and social

development is a prominent feature of the regions of

the region characterized by the limitations of various

basic facilities and infrastructure necessary for

regional development efforts. The socioeconomic

imbalances that occur in Indonesia's border regions

can lead to the emergence of various issues that at

some point may lead to disruption of the stability of

the Unitary State of the Republic of Indonesia. This

phenomenon can occur because the border areas are

less touched by the country's economic activity and

the lack of state control over the border regions.

Market mechanisms working in the region ultimately

provide opportunities for certain parties from

The Maritime Border Management of Indonesia and Timor Leste: By Military Approach or Welfare Approach?

349

neighboring countries to expand their economic

activity covering border areas in Indonesia. In

addition to socio-economic imbalances, Indonesia's

border regions are also characterized by socio-

cultural characteristics of people who have a kinship

ties with other community groups of neighboring

countries. To some extent, such characteristics can be

an obstacle to the management and development of

areas in border areas.

Addressing issues in border areas, the border area

development model should refer to a welfare

approach and a security approach. The combination

of these two approaches mainly lies in the direction

of policy, strategy and plan of border area

development implementation program. Welfare can

not be achieved without the support of security which

in this case not only focuses on the security of the

state, but also human security in a unified whole as a

national security. Conversely, security in all aspects

can not be achieved without the welfare of the socio-

economic field. These two effects are the main

orientations in the developed border area

development models.

Managing Indonesia's borders for the Indonesian

government is not enough just to rely on traditional

security approaches based on a mere military

approach. Military approaches remain important,

particularly in dealing with maritime boundary issues

or criminal offenses on land borders such as illegal

logging, smuggling, or human trafficking. But the

military approach alone is not enough because the

issue of the physical borders of Indonesia with

neighboring countries is much more complex than

mere military problems (goes far beyond military

threat).

Indonesia's border area is managed through a

security approach that makes TNI (Indonesian

National Army) as the main actor. This is based on

Law No. 34/2004 on TNI mentioned that the TNI is

in charge of securing the border area. However, this

approach is not suitable to be applied under current

conditions. This is feared by the abuse of authority

by the TNI, for example some TNI personnel

involved in criminal acts of border such as illegal

logging, smuggling of goods, and human rights

violations. Whereas the complexity of border issues

can not be solved by security forces alone, but

should be handled multisectorally and involving

various actors (civil and military).

The security approach used in managing border

areas is now no longer applicable, because: TNI is a

state security and defense force not equipped with

expertise in managing social, economic, cultural and

political aspects of the border; There is a tendency of

abuse of authority by some TNI elements in the

field; and The process of strengthening national

identity in border communities will be more

effective if done through non-coercive, persuasive

but accommodative ways

A good border management model should pay

attention to: Strictly separating the socio-economic

aspects management authority to security aspects;

Build the professionalism of TNI as a border guard;

Establish a border management agency at national

and regional levels as border area management

authority.

4 CROSS-BORDER ACTIVITY

CONDITIONS

Under conditions of defense, security and law

enforcement, the border of the State bears a very

strategic and important status for a country. From

the perspective of defense and security, the state

border is the front fence supporting the entry of

obstacles that can threaten the sovereignty of the

Unitary Republic of Indonesia (NKRI). Therefore,

border security becomes a necessity that can not be

negotiable. TNI is asked or not to comply with the

prevailing laws and regulations that are always

present at the border to maintain the security of the

State.

From a welfare perspective, the border of the

State must be built and treated, so as to give an

impression that the Indonesian nation has

sovereignty and dignity to be defended and raised.

Therefore, the welfare of border communities should

be enhanced through sustainable economic

development activities. Economic development is

closely linked to regional and local socio-cultural

development. From the perspective of international

law, the borders of the State have a high complexity.

When two countries face conflict with each other,

the settlement is not done through uncivilized,

means such as agitation and war. But through

productive diplomacy process and must be grounded

in the ethics and principles of international law.

Currently, the territorial sea border areas

between Timor-Leste and Indonesia are patrolled by

the Navy and the Border Patrol Unit (BPU) of the

Timor-Leste police force in Timor-Leste. The BPU

was limited to its role only to maintain the order of

crossing the border, deterring and pursuing looters

and burglars, and, if possible, to resist crossborder

clashes between villages as the clashes did not

spread.

ACIR 2018 - Airlangga Conference on International Relations

350

Constraints which is encountered in the process

of law enforcement of border maritime violations

RI-RDTL among others are: Natural limitation in the

form of land territory of Timor-Leste which is

'tucked' in the territory of Indonesia that is Oekusi;

The lack of quantity and quality of patrol vessels

owned by TNI-AL Post, most of which are

unsuitable for use in the task of patrolling the

territorial sea border of the State; and A few number

of border security personnel in the sea area, thus

raising the threats in terms of defense.

The condition of cross-border activities describes

the type of cross-border interaction occurring at the

border regions, which is distinguished by the

conditions of crossborder activities in the terrestrial

border areas and the conditions of cross-border

activity in marine border areas. Cross-border

activities have different dimensions to the

"development" of border areas, because cross-border

activity is a condition that occurs with the

interaction of two adjacent areas. The adjacent area

is divided into border areas on land and at sea. The

area bordering on the sea is then divided into areas

facing the strait seas and the ocean. An overview of

cross-border activity conditions is described in the

table below.

Table 1: Description of Cross-border Activity Conditions.

No Aspects Cross-Border Activity Conditions

Cross-border

Facilities

and

Infrastructure

■ Inefficient condition of basic facilities

and infrastructure, social, trade, etc. in

the border area.

■ Inadequate condition of CIQS

(Customs, Immigration, and

Quarantine infrastructure in border

area.

■ Condition of the absence/limited o

security personnel in the border area

Cross-border

Economy

■ Activity delivery of basic

necessities from Priority

Locations to neighboring

countries, and vice versa.

■ Production activities of local

fisheries/agricultural/plantation

production individually on border

communities from Priority

Location to neighboring countries

and vice versa.

■ Procurement activities of interstate

trade cooperation in border areas (eg

joint market).

Table 1: Description of Cross-border Activity Conditions

(cont.).

No Aspects Cross-Border Activity Conditions

Cross-border

Defense and

Security

■ The condition of unavailability o

PLB (cross-

order post) in the border

area.

■ Unavailability of defense and security

infrastructure equipped with advanced

technology in border area.

■ Inadequate condition of CIQS

infrastructure in border area.

■ Condition of the absence / limited o

security personnel in the border area

Cross-border

Socio

Culture

■ Activities of border community visits

(with close kinship) from Priority

Location to neighboring countries,

and vice versa.

■ Temporary migration activities

etween border communities from

Priority Location to neighboring

countries and vice versa for work,

school, etc.

Source: Master Plan for State Border Management 2015-

2019 (BNPP,2015)

Such views on threats from other countries are

expressed when TNI commanders speak. Speaking

concretely about the problems encountered on the

border, commanders were clearly very

understanding of what they were dealing with and

did not speak doctrinally. For example, when talking

about violations in the maritime area, the crimes that

occurred were regional offenses, trafficking, illegal

logging, illegal fishing, and smuggling.

Regarding the problems that occurred at the

Indonesian border with Timor-Leste, the Korem

commander 161 mentioned that the forms of the

offenses were:

- Timber smuggling to Timor-Leste via cross-

border mail or through "rat roads"

- Illegal sale of subsidized fertilizers to Timor-

Leste (sold at much higher prices than in

Indonesia)

- Smuggling of essential goods that cost more in

Timor-Leste than in Indonesia, such as sugar

- Illegal border crossings due to the kinship

relationship between East Timorese and the

Indonesian population

- The plantations of the people of the two

countries that cross the border line

- Intentional or unintentional shifting of border

crossings by Timorese citizens for private

farming purposes.

The description shows that observations field

The Maritime Border Management of Indonesia and Timor Leste: By Military Approach or Welfare Approach?

351

differ from threat analyzes that borders as areas

prone to external or internal threats that endanger the

unity of the unitary Republic of Indonesia. The

descriptions derived from these field observations

indicate that violations occurring at the border are

ordinary crimes, namely smuggling, illegal

crossings, and territorial violations for personal use

(not territorial expansion by other countries). The

description also indicates that some of the source of

the violations came from Indonsia itself, smuggling

of essential goods and timber to Timor-Leste.

5 SECURITY MARITIME

BORDER OF INDONESIA AND

TIMOR LESTE

The affirmation of land boundaries is more

pronounced and clear when compared with the

affirmation of the sea boundary. However, the

handling of border cases at sea and on land is

equally complex. The problems are not only about

the technical limits (Delimitation), but also cross

border violations, illegal trading and illegal fishing.

The problem of maritime border RI-RDTL although

not as heavy and as much as land border problems,

should still be the government's attention, so as not

to cause conflicts between neighboring countries and

the decrease of the love of the border population

towards NKRI.

Indonesia imposes a "hard-border security

regime" which tends to limit the inflow of crossers

to national security. Common security posts or by

agreement between the two countries have been

ranked along the border. The 4 (four) border

crossings between Timor- Leste and Indonesia

namely: for the eastern border in Mota Ain-

Batugade and Mot. In addition to Immigration,

Customs and Quarantine posts (CIQS), on the border

also placed TNI posts (Satgas Pamtas) and Police

posts. Examination of persons and goods traveling

across the border is not only done by Immigration,

Customs and Quarantine officers, but also by TNI

and Police officers in their respective posts. In

addition to checking the passports of every person

crossing the border, the and TNI and Police officers

also recorded their names.

The tight guarding of the border by the TNI is

rather unusual. Usually "hard-border security

regime" is enforced by hostile countries with

bordering countries. For example border security

between the Democratic People's Republic of Korea

(North Korea) with the Republic of Korea (South

Korea). It is also enforced by a country concerned

about a large influx of incoming migration. An

example is border security by the United States on

its border with Mexico to prevent the entry of illegal

immigrants seeking to enter the United States to

seek employment.

Tiomor-Lester's border security is very different.

The troops in charge of guarding the border are not

from the military but from the police ie from

Unidade Patrolhamento Fronteira Policia Nacional

de Timor-Leste (UPF PNTL-National Police

Deployment Patrol Unit of Timor-Leste). UPF's

strength is less than half of the power of the RDTL-

RI Task Force Pt. These small troops not only

served to guard the western (Oecusse) and eastern

(Covalima and Bobonaro) borders, but also served to

maintain the international airport of Nicolau Lobato

in Dili. Differences are also seen in the arrangement

of the exits and entrances of the border between the

two countries. If crossing the border from Indonesia

entered Timor-Leste, there was a difference in

attitude between Indonesian and Timor-Leste

officers. The Timorese border officers examined

more relaxed and friendly treats of people who

wanted to enter or leave the territory of Timor-Leste.

This difference in border treatment seems to

reflect the differing views of East Timorese leaders

on borders. For example, Prime Minister of Timor-

Leste, Mari Alkatiri said, "The border is a territory

that must be free of the military because the border

is our door of contact with friendly countries, not the

place of our enemies."

Indonesia is clearly not at war or facing a

possible war with Timor-Leste. Both countries are

actively building good relationships. A wide range

of bilateral cooperation is being established, both in

the fields of economy, health, education, and gender

equality promotion. The Commander of the armed

forces of the two countries visited each other.

Timor-Leste's military strength is clearly not a

threat to Indonesia. When compared to the TNI, the

strength of FALINTIL-Forqa de Defesa de Timor-

Leste (F-FDTL) is very small. The East Timorese

armed forces have no air power, the element of land

force is only two infantry battalions, and the force of

the sea is only two patrol boats. While the TNI's

army forces in West Timor alone have 6-10 infantry

companies, and in Kupang there is an Indonesian Air

Force National Army (TNI AU) base and a

substantial naval base for the Indonesian Navy (TNI

AL). The Air Force Base in Kupang is equipped

with radar and other surveillance equipment to

monitor space in Indonesia's border region with

Timor-Leste and Australia. Regular border space

ACIR 2018 - Airlangga Conference on International Relations

352

patrols are conducted by F-5E supersonic fighter

aircraft from this base. The base personnel are

including Kopaskhas (Komando Pasukan Khas), a

special command-qualified force.

6 THE DIRECTORATE

GENERAL OF DEFENSE

STRATEGY VIEWS

Border area development policy is formulated with

the same vision and mission that the border area is a

part of the territory of the Unitary State of the

Republic of Indonesia. The regions and their

communities have equal rights and obligations in

terms of receiving services from the Government in

a broad sense, through the efforts of equitable

distribution of development.

The border area development policy covers two

aspects of development, namely prosperity and

security, which has three objectives: (1) Supporting

efforts to improve the living conditions of the socio-

economic community, in order to improve the living

standard and welfare of the community; (2)

Supporting efforts to improve the capacity of

managing the potential of existing areas; (3) Support

the strengthening of security in the framework of

coaching and enhancing the resilience of the region

towards the creation of national resilience.

In order to support the optimization of the

handling of maritime border areas in the face of the

problems, opportunities and constraints, the policies

that need to be done are as follows: "Optimizing the

handling of maritime border RI-RDTL through the

provision of basic facilities and infrastructure of

border areas and the application of science and

technology by exploiting the potential area in order

to maintain the unity of NKRI from all threats ".

Handling of state borders has not been able to

run optimally and less integrated. There are still

conflicts between various parties (both horizontally,

sectorally, and vertically) that can not be avoided.

Perception with the assumption that the handling of

border areas only belongs to the government (center)

only, should be straightened out, corrected and

reorganized, related to the running of the era of

regional autonomy, even though the border area is a

national strategic area.

The strategic value of the border area is

determined, among others, by activities that take

place within the region, namely: (1) Have the

potential resources that impact on the economy and

the utilization of space region significantly; (2) Have

strong linkages with activities in other adjacent

areas, both nationally and regionally (between

countries); and (3) Have political impact and

national security defense function.

Some of the things expected in the handling of

the maritime border RI-RDTL can maintain the

unity of the Republic of Indonesia. The handling of

maritime borders between RI- RDTL can be said to

be successful if:

1. The absence of a Maritime Boundary that

reduces the territorial rights of the Indonesian

Republic which should be owned, and all

delimitation is settled under an equitable

international agreement.

2. The absence of potential and factual threats like

illegal fishing, illegal trading and illegal

trafficking that conducted by other nations as

well as their own nation. Make the border area

with a conducive security situation, so that the

border community can run the economic

activities at sea safely and optimally.

3. The development can grow the potential

component of national defense, the main

components, reserves, and supporters and can

grow the economic potential of the surrounding

community.

4. The use of the sea for the defense and welfare

interests of the local community, does not cause

conflict of relations between various elements of

local society or with other nations. But instead as

a reference to build a sense of the nation unity.

5. The inter-state maritime border issues can be

resolved peacefully. It does not lead to inter-state

conflicts, and even the relations between the two

countries grows closer and mutually respects the

sovereignty of their respective countries.

6. The welfare level of the population around the

maritime border, includes education, health and

economy is increasing. There is no more hunger

and unemployment.

From some discussion forums (FGD) conducted

in this issue, shows that the role of the TNI on the

border of Timor-Leste is still needed. Because,

however, TNI is still trusted by the border

community in addition to religious leaders and

traditional and community leaders.

7 CONCLUSIONS

The border area development should refer to the

welfare approach and the security approach. Welfare

can not be achieved without the support of security.

The Maritime Border Management of Indonesia and Timor Leste: By Military Approach or Welfare Approach?

353

Conversely, security in all aspects can not be

achieved without the welfare of the socio-economic

field.

Problems encountered in border areas are not a

military threat of invasion or infiltration from

abroad, but ordinary crimes such as smuggling of

goods and crossing illegal borders, or land disputes

due to the disagreement of some segments of the

border by the state's youth, and border violations by

security officers resulting from the absence of such

agreement. Handling these issues requires police

expertise and other skills that are non-military and

should involve others with appropriate powers and

competencies.

It is recommended to the Governments of and

Indonesia and Timor-Leste to establish a border

management apparatus with border guards only from

police individuals; proactive and provide

information to each of its citizens regarding the

development of defense and military relations by

both countries; every issue and answer related to the

border only with the system of peace and dialogue;

authorities from Indonesia and Timor-Leste along

the border to hold regular meetings in Dili-Jakarta,

Dili-Kupang, and in districts along the border.

The increase of the TNI on the Timor-Leste

border is no longer due to the real threat of Timor-

Leste, but rather the perception of Indonesia over the

border as a vulnerable area where there is a threat to

the unity of the Unitary State of the ndonesian

Republic. In order to support the optimization of the

handling of maritime border areas in the face of

problems, opportunities and constraints, the policy is

to optimize the handling of maritime border RI-

RDTL through the provision of basic facilities and

infrastructure of border areas and the application of

science and technology by utilizing the potential of

territory in order to maintain the integrity of NKRI

from all threats. TNI is the main actor in managing

security based on Law No. 34/2004 on TNI, which

states that TNI is in charge of securing border areas.

ACKNOWLEDGEMENT

We would like to acknowledge with heartfelt

gratitude of The Simlibtamas Research Grant given

by Ministry of Research, Technology and Higher

Education of Indonesia, Coordination of Private

Higher Education Region III (Kopertis III) in Fiscal

Year 2018, Research Institutions and Community

Service of Universitas Kristen Indonesia (LPPM

UKI) and Faculty of Economics and Business of

Universitas Kristen Indonesia.

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