Masalah Hukum Di Celah Timor Antara Timor-Leste Dengan Australia – Telaah Dari Aspek Perlindungan Kepentingan Hukum

This thesis describes the legal issues of Timor Gap between Timor-Leste and Australia, relating to the protection of legal interests. The author uses descriptive type of legal research; statute approach, and legal history approach; technic in collecting legal materials through the study of literature; and juridical qualitative as method of data analysis. The results shows clarity about legally perspective of Timor-Leste to apply the median line principle or equidistance line principle, while Australia chose to reject the jurisdiction of the International Court of Justice, and trying to manage the situation by ‘negotiations or consultations’. Analysis shows in general, there is a legal issue around Timor Gap as an object of international dispute. Furthermore, there are five legal issues in particular: (1) Succession of Timor-Leste shows the tension between the legal consequences of a state succession (from the perspective of Timor-Leste), and political interests (from the perspective of Australia); (2) Until now there is no clarity in the maritime boundaries between the two countries; (3) According to the perspective of Timor-Leste, JPDA (joint petroleum development area) is unfair deal; (4) Furthermore, there is the problem of permanent sovereignty over natural resources, and (5) Some of legal issues causing problem of the right to development. The sixth legal issues occurs because there are a number of differences between Timor-Leste and Australia. Therefore, needed absolutely to protect some legal interests, especially in the aspects of security, natural resources and the environment.This thesis describes the legal issues of Timor Gap between Timor-Leste and Australia, relating to the protection of legal interests. The author uses descriptive type of legal research; statute approach, and legal history approach; technic in collecting legal materials through the study of literature; and juridical qualitative as method of data analysis. The results shows clarity about legally perspective of Timor-Leste to apply the median line principle or equidistance line principle, while Australia chose to reject the jurisdiction of the International Court of Justice, and trying to manage the situation by ‘negotiations or consultations’. Analysis shows in general, there is a legal issue around Timor Gap as an object of international dispute. Furthermore, there are five legal issues in particular: (1) Succession of Timor-Leste shows the tension between the legal consequences of a state succession (from the perspective of Timor-Leste), and political interests (from the perspective of Australia); (2) Until now there is no clarity in the maritime boundaries between the two countries; (3) According to the perspective of Timor-Leste, JPDA (joint petroleum development area) is unfair deal; (4) Furthermore, there is the problem of permanent sovereignty over natural resources, and (5) Some of legal issues causing problem of the right to development. The sixth legal issues occurs because there are a number of differences between Timor-Leste and Australia. Therefore, needed absolutely to protect some legal interests, especially in the aspects of security, natural resources and the environment