ImplementatIon of technIcal Sub commIttee border demarcatIon and regulatIon (tSc-bdr) agreement between IndoneSIa - tImor leSte In the reSolutIon of the land border dISpute

The unclear and strict land border between Indonesia and Timor Leste in some segments has caused a number of problems in bilateral relations between the two countries. Unclear demarcation (limitation of one country to another bordering on land) is one of the potential factors that can trigger conflicts between the citizens of the two countries living in the border region. The existence of repeated security disturbances at the borders of the two countries further reinforces the belief that in reality unclear land boundaries between Indonesia and Timor Leste, it can easily erupt in disputes, disputes and conflicts, both between communities, or between communities and security forces. The aim of this study is to analyze the Implementation of Technical Sub Committee Border Demarcation and Regulation (TSC-BDR) Between Indonesia - Timor Leste in Completion of The Border Dispute Disorders. To answer the legal issue this study using normative legal research. Result of this study is the Border Demarcation and Regulation (TSC - BDR) Technical Sub Committee forum was established independently under the coordination of JBC Indonesia - Timor Leste which specifically discussed the technical aspects of the Indonesia - Timor Leste border. It is hoped that the formation of the TSC-BDR can help Indonesia and Timor Leste solve the land border problems of the two countries. This demarcation survey aims to install and measure boundary pillars that have not yet been installed. A total of 80 planned pillars will be installed along the boundary starting from Mota Masin to the north. While the delineation survey aims to trace the boundaries agreed by the two countries. It is planned that a delineation survey will be conducted in the Bidjael Sunan (Oecussi) segment. Whereas JBM activities aim to update the maps used in the 2005 Provisional Agreement and its addendum. This update is mainly for land cover and river channel appearance.


INTRODUCTION
International law respects the important role of the national territory as reflected in the principle of respect for the integrity and sovereignty of a national territory (territorial integrity and sovereignty) contained in various international legal products.
Recognition of the sovereignty and territorial integrity of a country is indicated by, among others, the prohibition to intervene in a country's internal problems. Changes in the territorial status of a country have an impact on state sovereignty over the region, especially the juridical impact on state sovereignty, including the issue of citizenship of residents residing in the region. 1 Thus it appears that the firmness and clarity of national boundaries serve as legal guidelines for upholding the integrity and sovereignty of a country. Certainty and clarity of a country's sovereignty boundaries is very fundamental, as a necessity for the implementation of the state and people of Indonesia in their activities and relations with other countries, so as to provide guarantees of legal protection and certainty from the state regarding the boundaries of its sovereignty. 2 Maintaining sovereignty, security and realizing prosperity for all regions and the people of Indonesia is no exception in the land border area between Indonesia and Timor Leste in essence an integral part in the main effort to realize national goals. This goal is clearly mandated in paragraph IV of the Preamble of the 1945 Constitution, namely that the government protects the entire nation and all of Indonesia's bloodstream to advance public welfare, educate the nation's life and participate in carrying out world order. The border region has a very strategic meaning as a front yard for the creation of security in the border region which will make a positive contribution to the conditions of national and regional security and defense. The region determines the enforcement of the country's sovereignty over society and the enactment of a certain government.
Therefore, territorial borders are very important because territorial borders are the initial markers of the validity and termination of the sovereignity function of a country, as well as the initial markers of validity and the end of the sovereignity functions of other countries, thus regulation in the border region must exist and proceed well if it will not can cause a problem. 3 Relations between international legal subjects are very vulnerable to a dispute.
Disputes can arise from a variety of potential sources, such as borders, natural resources, environmental damage, trade, human rights, terrorism and others. When the dispute arises, international law plays a significant role in its resolution. 4 At first the state always resolved disputes by means of war, this is because war is still considered a powerful diplomacy tool. But often the international community's awareness arises that wars only cause misery, then positive legal provisions are made which state that the use of violence in interstate relations is prohibited, 5 Such awareness fosters the belief of the international community that any dispute must be resolved amicably. 6 The problem of management and defense in the border region is very closely related to the basic conception of the state as an entity that has sovereignty, population and territory as well as interpretation or perception of the threats faced, thus the management and defense of the border region and concluded as all efforts to realize the existence of a country which is marked by the protection of sovereignty, population and territory from various types of threats. The threat discourse in the border region has so far tended to be dominated by issues and problems in the border areas, especially on land borders such

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Oben, in North Central Timor District (TTU) with the Oecussi enclave area, which covers an area of 489 parcels of 2.6 km or 142.7 ha. The land is sterilized so as not to cause problems because Indonesia-Timor Leste claims to be its property. (c) segment in Dilumil-Memo, Belu Regency bordering the Bobonaro District, namely the difference in identification of the Mota Malibaka Median in the river flow along 2, 2 km or in an area of 41.9 ha. 12 The unclear and strict land border between Indonesia and Timor Leste in some segments has caused a number of problems in bilateral relations between the two countries. Unclear demarcation (limitation of one country to another bordering on land) is one of the potential factors that can trigger conflicts between the citizens of the two countries living in the border region. The existence of repeated security disturbances at the borders of the two countries further reinforces the belief that in reality unclear land boundaries between Indonesia and Timor Leste, it can easily erupt in disputes, disputes and conflicts, both between communities, or between communities and security forces . material). 14 To achieve the research objectives, the approach in this study is carried out carefully through the provisions of legislation and various doctrines (opinions of legal experts) relating to the problem of borders beetwen Indonesia and Timor Leste. The materials that have been collected are then analyzed by analytical descriptive method, so that the picture is related to the existing problems.

Disputes between Indonesia and Timor Leste
There are several factors that are generally related to differences in interpretations or interpretations of the rules that are used as reference material for Indonesia and Timor Leste in arrangements regarding the borders of the two countries. Indonesia and Timor Leste have agreed the basic principles used in determining the boundaries of the two countries, namely what is known in international law as a possidetic juris. With reference to these principles, when Indonesia proclaimed itself as an independent state in 1945, this new nation's territory automatically covered the entire Dutch colony. In the case of Timor Leste, as a former Portuguese colony  and as a part of Indonesian territory , Timor Leste also inherited the entire territory of the former colonies of these countries, particularly the Portuguese. One of the problems related to the difference in the mention of the name of the river in the Treaty and the reality on the ground is that it was revealed in Treaty 1904, for example referring to the name of the river as the land boundary between West Timor (the Netherlands) and the east (Portuguese). However, when the survey was carried out, the name of the river as stated in the Treaty 1904 above in the present reality had undergone various versions of the name. One interesting example for that case is the mention of the name of a river located in Belu District which is very varied, namely Mota Bico, Ribeira Motabico, and Mota Halimeak, whereas on the other hand the original text in Treaty 1904 Article V paragraph 1 only uses one designation of the name the river that is Mota Biku.
Differences in interpretation between the contents of the treaty with reality on the ground, can also be found in the case of the Iron Noel segment. The segment that is still disputed between Indonesia and Timor Leste, is precisely located in North Netemnanu

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delta a kind of permanent and semi-permanent islands emerged. The emergence of these islands has in turn created new problems, especially with regard to the issue of ownership of the islands. The issue of ownership of this island can be a potential source for the emergence of conflicts between communities at the border. The same concern was raised by Deeley, as follows: "Several of the major rivers, which have been utilized for the boundary containing permanent and semi-permanent island features within their banks. The sovereignty of these islands is a couse for pontetial dispute, especially where the course of the thalweg does not fall clearly to one side of the island concerned.
Much of the existing mapping that portray river island shows the boundary line leaving some islands to one party, while other islands have been divided and the status of others has been left uncertain duet to the intermittent boundary symbology used ".
One example of a dispute over territorial conflicts between Indonesia and Timor Leste as a result of the natural factors above, can be found in the Memo segment (Mota Malibaka) located in Belu District. Based on the agreement between the Netherlands and the Portuguese that had been agreed, the land border between the two countries located in the eastern sector, that is, which divides Timor in the west (the Netherlands) and the East (Portuguese) is to use natural boundaries. The natural boundary agreed between the two countries is the Malibaka river. This is as stated in Article 5 paragraph   Indonesia and Timor Leste again negotiated land boundaries in the 27th meeting.
Regional boundaries between countries must be negotiated in order to reach a more detailed and accurate agreement for the sovereignty of a country. Being a country bordering directly on land and at sea, the Republic of Indonesia and the Democratic Republic of East Timor continue to conduct territorial negotiations, as a manifestation of the good faith of the two countries, the two countries regularly hold meetings and cooperate in various aspects to support world peace. Leste. With good faith from both countries, it is expected that the negotiations will run smoothly and the results will be well received by both parties. 24

CONCLUSION
The implementation of the TSC-BDR between Indonesia and Timor Leste in the resolution of land border disputes between the two countries is to discuss the technical aspects of the Indonesia-Timor Leste border. The TSC-BDR meeting discussed the followup of the 2005 Provisional Agreement and work plans related to the borders of the two countries, especially after the signing of the first addendum for the 2005 Provisional Agreement where Indonesia and Timor-Leste agreed to carry out demarcation and delineation survey activities, and joint boundary mapping Border Mapping / JBM). This demarcation survey aims to install and measure boundary pillars that have not yet been installed. A total of 80 planned pillars will be installed along the boundary starting from Mota Masin to the north. While the delineation survey aims to trace the boundaries agreed by the two countries. It is planned that a delineation survey will be conducted in the Bidjael Sunan (Oecussi) segment. Whereas JBM activities aim to update the maps used in the 2005 Provisional Agreement and its addendum. This update is mainly for land cover and river channel appearance.