ABSTRACT
Indonesia, lie astride between two large continent, Australia and Asia; between two mass of waters, Indian and Pacific Ocean, through which crucial international navigational routes passes. Besides serving as a home for various marine biodiversity, Indonesian ocean also has a correspondingly rich underwater cultural heritage in the form of shipwrecks, sunken aircraft as well as other maritime sites. This paper focuses on the protection of underwater cultural heritage in the form of warships which were sunk during the sea battle. While a research by United Nations of Education, Science and Culture Organization (UNESCO) finds that there are approximately 3,000 shipwreck sites in Indonesian ocean, such research did not distinguish between commercial ships and warships or state vessels. Meanwhile, Convention on the Protection of the Underwater Cultural Heritage 2001 (2001 UCH Convention) clearly acknowledge warships as state vessels having their immunities according to international laws.
This paper examines the application of international laws on sunken warships whether they are considered as underwater cultural heritage and whether they still have their immunities once they became wrecks. It also discusses whether Indonesian Laws on cultural heritage include sunken warship as recognized underwater cultural heritage. It further analyses whether Indonesian laws on underwater cultural heritage confirm international laws on the same subject matter. It is argued that in order to protect underwater cultural heritage lie beneath Indonesian ocean, Indonesia needs to adopt appropriate national laws in accordance with international laws. With regard to sunken warships Indonesia also has to make specific regulations as to guarantee the immunities of such state vessels. In addition to this, further cooperation with state which own such warships is also crucial.
