Kedaulatan Negara vs Kebebasan Navigasi Laut: Studi Konflik Laut Cina Selatan dalam Perspektif UNCLOS

State Sovereignty vs. Freedom of Navigation: A Study of the South China Sea Dispute from the Perspective of UNCLOS

Abstract

The South China Sea holds a strategic position in global geopolitics and geoeconomics, with more than one-third of world trade passing through it annually. Besides being a major shipping lane, the region is also rich in energy resources and fisheries. However, China's Nine-Dash Line claim, which covers nearly 90 percent of the sea's territory, lacks a legal basis under the UNCLOS, and has sparked disputes with other coastal states. This study analyzes the South China Sea conflict within the 1982 UNCLOS framework using a normative and multidisciplinary juridical approach. The research method used is a study of literature and international legal documents. The research materials include the text of the 1982 UNCLOS, the 2016 Permanent Court of Arbitration (PCA) ruling, academic articles on international relations, government reports of the relevant countries, and secondary sources such as law journals and strategic studies. The research questions raised include: Does China's Nine-Dash Line claim have a legal basis under the provisions of UNCLOS? What is the legal status of the islands and maritime features in the Spratlys according to the 2016 PCA ruling in UNCLOS terms? What factors hinder the implementation of international law, and how can international relations theory explain the dynamics of this dispute? The research shows that UNCLOS provides legal certainty regarding maritime boundaries, sovereignty, and freedom of navigation. However, its implementation is hindered by geopolitical rivalries and the rejection of international rulings by major powers. Dispute resolution requires the supremacy of international law, multilateral diplomacy, and regional cooperation.