REPUBLIKA.CO.ID, JAKARTA -- A total of 4,000 islands have not been administered by the government. In fact, the government has committed to conduct equitable development and economic condition in all regions of Indonesia.

Seeing this condition, the Coordinating Minister for Maritime Affairs, Luhut Binsar Panjaitan, decided to green light foreigners to manage the islands. According to him, this can boost the local economic growth.

He stressed that the government will continue to protect the ownership. He said that the Ministry of Domestic Affairs has documented all of islands and set boundary lines of each. Although foreigners will able to manage the islands, there should be no unilateral claim by the foreign nationals.

"Singapore has requested. Japan asked for (managing) Morotai. Please, make our own village there, but we will not ever sell the island. If you want to name it, just do it. But the islands are ours," said Luhut at his office on Monday (January 9).

Japan is eying Morotai Island in North Maluku province to develop it into a rest area for its elderly persons. (Antara)

Luhut said the government wants to bring many tourists to Indonesia. The effort is made to boost the additional income and the country's economic growth. Tourism sector is one of the most likely and quick sector to improve the economy of the country. Foreign tourist visits in 2016 has reached the number of 12 million. The government is still optimistic that they could reach 20 million tourists by 2019.

Also read: Govt to open opportunities for foreigners to manage deserted islands in Indonesia

However, strict rules and supervision will continue to be improved, Luhut promised. "We do not want them to take control of our country. We will strengthen the supervision and there will be a rule which cannot be violated by foreign nationals," said Luhut.

Professor of International Law, Hikmahanto Juwana, said the government's plan to open up opportunities for foreign parties to manage the island in Indonesia is not problematic. He said it does not violate the sovereignty, because the government only leases the right to utilize the land, not the island as a whole.

"Basically it is legal. But we need to set it up, because what we sell is not the physical island," said Hikmahanto to Republika.co.id, Thursday.

Related to the naming of the island, he suggested the government to name it. Naming by the government will keep the identity of the nation, especially to keep the local wisdom.

"If, for example, (the foreigners name the islands) through the government’s approval, it’s okay. But still, we should name it as an identity. It can be the government or the local people. Do not let the foreigners do it," said Hikmahanto.

An unreached village at Pahawang Island, Punduh Pedada, Pesawaran, Lampung.Government thought by inviting foreigner to manage deserted and unreached islands, locals might enjoy the benefits. (Antara)

The plan also received a response from the Chairman of the House of Representatives, Fadli Zon. He considered the way the government try to convey the plan had ignored the national pride. He said, basically, Indonesia open the investment for foreigners in various sectors permitted by law, including the tourism sector. However, handing the right to name the island to foreigners as part of the lure is not a wise investment.

"Imagine if the island was called as undeserved names like Hitler Island or Escobar Island,'' said Fadli in a press release on Thursday (January 12).

He explained, in Law No. 27 Year 2007 on the Management of Coastal Areas and Small Islands, Indonesia does not recognize island management right. The law only mentions the Right for Coastal Concession (HP-3). It consists of the rights manage certain parts of the coastal waters for marine and fisheries and the right to utilize the coastal and small islands located above the sea surface and the sea floor.

But, said Fadli, the right has been eliminated by the Constitutional Court in 2010 through the decision No. 3 / PUU-VIII / 2010. HP-3 is considered to be in contrary to the constitution, because the mechanism of HP-3 probably reduced the state control over the management of coastal areas and small islands. Afterwards, Law No. 1 of 2014 on the Amendment to Act No. 27 of 2007 was issued. 

Thus, the government plans to grant the foreigners with the right to manage the islands, even to lure them to give a name, could hit the Act. ''Moreover, as a maritime country, the utilization of small islands should meet the function of defense, security, and sovereignty of the Republic of Indonesia, '' he asserted.

Also read: Japan eager to manage Indonesian island for its elderly

He added that, for the outermost small islands, the Government Regulation No. 62 of 2010 mentioned that the utilization of the islands can only be done for three interests, namely the defense and security, the public welfare, and the environmental protection.

''That's why small islands and the surrounding waters, according to the law, can only be granted to an individual Indonesian citizen, a legal entity established under the laws of Indonesia, or the indigenous people,'' he said.

Furthermore, he stated that the Law No. 1 in 2014 is necessarily to revise, because the articles are not in sync with the chapters. The articles should be considered as weaknesses which need to be revised, instead of being exploited by the government. "We had to immediately revise the law on the Management of Coastal Areas and Small Islands, so there is no gap for the policies or ideas which potentially insult our dignity as a nation. It cannot be that, for the sake of investments, then we are so easy to pawn the sovereignty,'' Fadli said firmly.

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