LEGITIMASI JURIDIS EFFECTIVE OCCUPATION DALAM HUKUM INTERNASIONAL

Abstract

The territory of a state is an inseparable part of the country's existence in its capacity as an entity that is recognized as a subject of international law. Therefore, the territory is a condition that must exist and be controlled by a civilized nation based on the provisions contained in the 1939 Montevideo convention. The land border between the Republic of Indonesia and Timor Leste, which was once the same country, still causes endless conflicts. The difference in historical interpretations of the control of the territory, based on the annexation action previously carried out by the Dutch and the Portuguese, seems to have been a legacy of the conflict when the East Timor region became a sovereign state. One of the disputed areas between the two countries is in the Neolbesi / Citrana segment, which was originally a natural delimitation that separated the two countries. Neolbesi itself is a large river that separates the regions of the two countries in question, which due to its natural nature has undergone changes in river currents, causing significant changes in the border areas of the two countries. The current factual situation causes the natural elements that have been previously determined to have changed and has the potential to harm Indonesia's interests so that the Indonesian government invites the Timor Leste government to renegotiate in negotiations between countries to redefine the points of demarcation between the two countries. There has not been an agreement between the two countries regarding land boundary delimitation, but the fact that the construction of a government building carried out by the Timor Leste authorities in an area that is still disputed by the two countries is considered to be anxious for the Indonesian people and this action can be considered an unfriendly act in the context good relations between countries (Good Neighborhood Relationship), as regulated in the charter of the United Nations (UN Charter).