Resisting Internationalism?

Abstract

This article reviews historical legislation relating to the management of shipwrecks in Indonesia, examining issues relating to terminology, division of authority, and implementation. It focuses on the evolution of Indonesia’s commercial salvage legislation, from its introduction in 1989 to its abrupt cessation in 2010, when a moratorium was introduced. While the moratorium was interpreted as a sign that Indonesia was moving closer to internationally accepted principles regarding the management of underwater cultural heritage, the introduction of a new law unrelated to maritime heritage has instead disturbed this anticipated trajectory. Designed to stimulate job opportunities, Law No. 11/2020 on Job Creation has, perversely, raised the prospect that the moratorium will be repealed. As this article demonstrates, the changing conceptualization of the value of shipwrecks and their cargoes remains a live issue in Indonesia, reflecting unresolved tensions about its identity as a maritime nation.

Preventing and protecting against underwater cultural heritage crime

“…Furthermore, the investigation concluded that Hatcher salvaged the wreck without legal permits, concluding that the cargo was stolen from Indonesia (Rachmana, 2015). The Indonesian government launched an unsuccessful lawsuit against both Christie's and Hatcher (Miller, 1992;Rachmana, 2015), which failed as it revealed exploitable gaps in Indonesian law, a legacy of the colonial era that did not confer state ownership over wrecks in territorial waters (Pearson, 2022). The Geldermalsen case prompted modernization of Indonesia's underwater cultural heritage legislation over the next two decades; however, the law prioritized profit over protection (Pearson, 2022;Polkinghorne et al, 2024).…”

“…The sale's success galvanized treasure hunters looking to get-rich-quick but also raised important questions about the responsibility of states to protect heritage underwater and prevent ensuing crimes of looting, trafficking, and forgery. The sale sparked a heightened interest in Southeast Asian underwater cultural heritage and launched two decades of aggressive treasure hunting in the region, some of which was state-sponsored (as was the case in Indonesia, see for example Pearson, 2022). Indeed, the little national regulation that was put in place regarding underwater cultural heritage at that time promoted commercial salvage as a solution to treasure hunting to ensure that states were able to receive a cut of the sale of the shipwreck cargoes.…”

The Cabotage Principle on Law Enforcement for Licensing Ship Operations in Indonesian Waters

“…Discord and incoherence among law enforcement agencies in littoral and maritime regions have substantially impeded the advancement of maritime transportation enterprises, particularly in logistics distribution. 11 The numerous overlapping interests of institutions concerning the implementation of shipping permit laws in coastal and maritime regions have caused national objectives regarding the economic development of these regions to be disregarded. In the interim, the jurisdiction over the enforcement of shipping permit regulations in coastal and maritime regions has been essentially divided into two parts: administrative order enforcement and criminal oversight of maritime areas within Indonesian territory and investigation of instances involving the collaboration of Indonesian nationals, businesses, or legal entities with foreign maritime transportation organizations, foreign legal entities, or foreign nationals.…”