After a reasonably long wait, an agency dealing specifically with border management has finally been established. Through Presidential Regulation No. 12/2010, the government established the National Agency on Border Management (BNPP).
The establishment of the BNPP is mandated by the 2008 law on national territory. The law, promulgated in November 2008, requires the agency to be established within
six months after the promulgation. It seems that the government failed to act swiftly to fulfill the mandate concerning maritime boundaries. Even though a little too late, the finally established agency is an achievement.
Indonesia has been facing serious boundary issues. It has at least 10 neighboring states to deal with. They are India, Thailand, Malaysia, Singapore, Vietnam, the Philippines, Palau, Papua New Guinea (PNG), Australia and Timor Leste. Indonesia has been working hard to establish its international boundaries, both on land and at sea.
However, it has to be admitted that issues concerning boundary disputes are still there. Border crossing on the Timor Islands, border post displacement in Borneo, the infamous Ambalat case, and fisherman seizures in the Timor Sea to mention a few.
Referring to the classic theory of Stephen B. Jones (1945), boundary making involves four main steps: allocation, delimitation, demarcation and administration. Allocation deals with territory allocation where parties agree on a broad division of territory. In Indonesia’s case, allocation was made clear at the time of independence where Indonesia inherited Dutch territory based on the principle of uti posidetis juris.
In the delimitation step, parties involve political, legal and technical experts to decide on a precise alignment of boundaries and illustrate them on maps. Indonesia’s land boundaries delimitation is nearly complete. However, some maritime boundary segments have yet to be delimited. Indonesia has yet to settle maritime boundaries in 15 different locations involving 26 boundary segments.
Demarcation is required on the ground. The points and lines agreed in the delimitation stage are then defined on the ground where they are physically marked with pillars, posts, fences, etc. Demarcation is conducted to define precise coordinates through geodetic surveys using adequate technology, equipment and methods.
There are some undemarcated land boundary segments between Indonesia and Timor Leste, Malaysia, and PNG. The relevant technical teams are currently working on this issue. The word “demarcation” is however seldom applicable to maritime boundaries since they
are rarely amenable to being physically marked.
The last step is administration, involving activities to maintain the boundaries. Not only that, the most important thing in administration is the development of border areas. This is even more critical in populated border areas. Border areas are generally sensitive because of the close interaction with neighboring states.
Due to extensive exposure to other cultures and lives, nationalism may easily be questioned in border areas. Pragmatically speaking, people tend to compare what they have at home with what they can see on the other side of the fence. In this sensitive area, public facilities for the good of people (education, health, economy, etc) are crucial.
Not to ignore the first three steps in boundary making, it seems that administration has a great influence on the lives of people in border areas. Accordingly, this step requires more attention from the government. This seems to be the reason, among others, of the establishment of the BNPP. Apparently, the role of this agency will focus on border administration or management. Its emphasis is on policy making and coordination rather than execution/implementation.
This agency involves several ministries such as the Coordinating Political, Legal and Security Affairs Ministry (steering chair), the Coordinating Economic Ministry and Coordinating Public Welfare Ministry (deputy steering chair I and II respectively).
It also has 15 members including several ministries, the Indonesian Military commander, the National Police chief, the chief of the State Intelligence Agency, the head of the Coordinating Agency for Surveys and Mapping and relevant governors. The home minister is assigned to be the head of the BNPP.
There is doubt that the BNPP will be able to work effectively if it is chaired by a minister, a point raised by one of the legislative members (Antara, Jan. 18, 2010). It is viewed that a politically stronger figure is required to coordinate officials at ministerial level. Accordingly, the legislative member opined that the president or vice president is required to fill the position.
This view might be adequately grounded. However, this concern of coordination seems to have been addressed in the presidential regulation by placing three other ministries at the chief coordinator levels. Accordingly, this agency is not chaired by only one minister but by four.
Apart from having a permanent and dedicated secretariat with three deputies and several directorates, the BNPP may establish working groups and groups of experts consisting of professionals from relevant disciplines.
This may be seen as a positive sign that enables the BNPP to collaborate with independent professionals, including researchers and academicians.
This will benefit both. The BNPP’s policy will theoretically be supported by strong academic and professional consideration. On the other hand, professionals and researchers can gain invaluable experience from being involved in real policy making.
The BNPP may have been well-designed. However, implementation and enforcement is another thing. It is evident that planning is always easier than doing.
There is a high expectation that this agency can really offer something better in border management in Indonesia. It will be a waste of resources if it becomes just another agency of no significant achievement. We are hoping for the best from this new approach to border management.
The writer is a lecturer in the Department of Geodetic Engineering, Gadjah Mada University and is the author of Beyond Borders. He is currently a PhD candidate at the University of Wollongong, Australia. This is his personal opinion.
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