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◆ International Journal of Social Science and Human Research2026-07-31· Archipelagic state

Law Enforcement Against Smuggling During the Exercise of the Right of Innocent Passage

Elsa Simarmata, Joko Setiyono

原始摘要(英文原文)· Original abstract
the implementation of the right of innocent passage under the perspective of international law and law enforcement efforts against foreign vessels suspected of committing smuggling crimes in a country's waters. According to the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982), the right of innocent passage guarantees vessels of all states to navigate through the territorial sea as long as it is not prejudicial to the peace, good order, or security of the coastal or archipelagic state. In practice, however, Indonesia's maritime sovereignty is often threatened by foreign vessels abusing this navigation right as a cover to conduct smuggling activities, which might involve supervision gaps. Under international law, coastal and archipelagic states are endowed with clear authorities to protect their sovereignty, including the right to designate sea lanes, enforce laws, initiate legal proceedings against offending vessels, and temporarily suspend innocent passage for security reasons. As an implementation and enforcement measure, Indonesia ratified UNCLOS 1982 and enacted national regulations such as Law No. 6 of 1996 on Indonesian Waters and Government Regulation No. 36 of 2002. In conclusion, to preserve its sovereignty, Indonesia holds full jurisdiction and rights to monitor, suspect, and investigate foreign vessels passing through its jurisdiction if suspected of engaging in activities that threaten peace, particularly smuggling practices conducted for personal gain.
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