THE URGENCY OF USING DISTINCTIVE SIGNS AT MUARO JAMBI TEMPLE SITE: A REVIEW FROM THE INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE

DOI: 10.25041/lajil.v2i1.1977 This article discusses the role of international law in the protection of the Muaro Jambi Temple site as a cultural place. In specific, the authors highlight the regulations to use distinctive signs for historical and cultural property under the International Humanitarian Law. Even though all Contracting Members should comply with the law, in reality, not all the rules are implemented, such as in Muaro Jambi Temple site. A site is a principal object that passes the historical value of human being as well as scientific information from generation to generation; therefore, is required protection. Using a normative juridical approach, the article analyses the basic problems for not applying distinctive signs at the Muaro Jambi Temple site.

Cultural heritage is important to foster national awareness and dignity, strengthen the sense of unity to realize the national interest in the future; hence, they should be preserved and protected. There are two kinds of protection for cultural heritage. The first is protection against extinction or destruction and the second is legal protection. The first protection is to provide a means for transmitting the culture from generation to generation without having to lose some of the relics. The second protection will accommodate the realization of the first protection. Legal protection is based on legal norms, especially the ones written in the rules and laws. Protection over cultural heritage is not only for economical purpose. Protection, in this case, leads to protection of the national identity kept in the cultural objects. 2 Indonesia is a nation with plenty of cultural heritage. Until 2020, Indonesia has enlisted many of its cultural heritage to UNESCO's World Heritage: Cultural and Natural Heritage such as Prambanan Temple site (1991), Borobudur Temple (1991) The 1945 Constitution mentions that the government is responsible for enforcing national policy on cultural advancement for the prosperity of the people. In relation to this, all past, present and future creation and national attainments are to be used for development. Cultural heritage is important to be preserved.
In Jambi Province, specifically in Muaro Jambi Regency, there is Muaro Jambi Temple site. The site is the legacy of the Ancient Malay Kingdom and the only remaining largest monument of Hindu-Buddhism The Muaro Jambi Temple site is 20 KM away from the city of Jambi and 30 KM away from Sengeti, the capital city of Muaro Jambi Regency. Administratively, the site lies on 8 different villages, i.e. Dusun Baru, DanauLamo, Muara Jambi, KemingkingLuar, KemingkingDalam, TelukJambu, Dusun Mudo, and TebatPatah village. All of these villages are located in MaroSebo and Taman Rajo sub-district of Muaro Jambi Regency. 5 The Muaro Jambi Temple site consists of 82 ruins of ancient building which is 8 of them are restored and opened for public. The Government of Indonesia enrols the site to UNESCO's World Heritage for its outstanding universal value. It meets the requirement written in 77 th Paragraph of the Operational Guideline for the Implementation of the World Heritage Convention. The remains of the cultural buildings and environment surrounding the site are well preserved and maintained by the local community. The natural and social environment at which the site is located is good. 6 In 1989, Indonesia ratified the Convention Concerning the Protection of the World Cultural and Natural Heritage, United Nations Educational, Scientific, and Cultural Organization (UNESCO). The impact of this action is the obligation for Indonesia to take serious efforts to preserve and maintain the cultural object and property by applying the UNESCO's tool for monitoring and reporting. Indonesia shall frequently report the status of the cultural heritage it owns to UNESCO.
The international law also protects the cultural heritage with the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. This Convention 1954 (the Den Hague Convention 1954) is the first international agreement the comprehensively administer legal protection over cultural object and property in the state or armed conflict. The convention also exclusively gives time for participating nations to prepare and take necessary steps to secure their cultural heritage in time of peace. 7 The convention protects the cultural object and property in four ways. The first is protection over the deliberate attack to cultural object. The second is protection over the accidental attack to cultural object, next is the protection of the looting of the cultural object; the last is the protection of the embezzlement of the cultural object. 8 Considering the nature of international agreements that only apply to participate nations, 9 international customs are often used as a reference to fill the regulatory loopholes.
The regulation above does not provide enough information of the way the International Humanitarian Law could protect the Muaro Jambi Temple site, especially about the urgency of using distinctive signs in the protection of the site as a cultural heritage. Whereas, Den Hague Convention 1954 mentions that the Blue Shield Emblem is a distinctive sign to identify cultural objects. The Blue Shield Emblem is used by the international community to identify protected cultural objects. In fact, an International Committee of the Blue Shield (ICBS) is formed to give such protection. At this time, Indonesia has yet to implement the responsibility to use the Blue Shield Emblem on its cultural heritage, even though, Indonesia has domestic legal instruments to protect the cultural objects. For this reason, the article is aimed to highlight the implementation of prevailing regulation should be used in the subject of this research.
This study is normative juridical research that analyses the secondary data. This is descriptive research. Descriptive research shows a comparison or correlation between data to provide an overview, examination, explanation, and analysis. Based on the research design, the main data in this research is secondary data taken from primary legal instruments such as international law and regulation on the subject matter. The secondary legal instruments used in this study are books, journal articles, and scientific paper and articles that will help provide further explanation of the primary legal instruments. The tertiary legal instruments are Indonesia Dictionary (or KBBI) and other literature used to find the definition of terminologies used in this research. Documentation procedure is used to collect data. It includes utilization notes and citations as research guideline; review of legal literature, books, and other B. Discussion

Overview of Cultural Object
Etymology, the word culture in the Indonesian language is budaya, originated from Sanskrit buddhayah, which is a plural form of buddhi (conscious). It is something related to mind (or in the Indonesian language is budi) and reasoning. Others argue that the word budaya is a combination of the word budi and daya.Budi refers to the spiritual element of a man, and daya refers to the physical power of a human. In conclusion, budaya means the result of the spiritual and physical power of human. 10 According to John Henry  Merryman, cultural object or cultural heritage is "object that has artistic, ethnographic, archeologic, and historical value." 11 The Hague Convention 1954 defines a cultural object as: 12 a. Movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above; b. Buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in subparagraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in subparagraph(a); c. Centres containing a large amount of cultural property as defined in sub-paragraphs (a)  Based on the previous discussion, it can be seen that cultural heritage covers a wide variety of objects with a different definition. Other than that, different terminologies are also applied to refer to cultural objects such as cultural property, cultural heritage, or natural heritage. Representation of culture in cultural object gives a significant impact on the development of a civilization notwithstanding. Therefore, it needed protection.
To be called a cultural heritage, an object needs to be registered, analysed, confirmed, ranked, erased, saved, secured, zoned, preserved, restored, researched, revitalized, adapted and utilized. Humanitarian law is often described as a law of war, notwithstanding, in a time of peace, the law requires the member nations to prepare protection over their cultural heritage. Respect and protection of these objects is the responsibility of a nation and the international community because cultural heritage carries the interest of the international community and international legacy for humanity. 13 It is written in Article 2 of the Hague Convention 1954 that the general principle of protection of cultural objects lies in the obligation to protect and respect cultural sites. Preservation of cultural sites includes the implementation of necessary preparatory steps in time of peace to create a better condition as postulated in Article 3 of the Hague Convention 1954. Meanwhile, respect for cultural sites means avoiding hostile action against the sites and forbidding, preventing, and ending all kinds of thievery, looting or misuse, and any kind of vandalism against the sites. This includes the prohibition to use cultural sites for military purpose and to support military action, as mentioned in Article 4 of the Hague Convention 1954. Retaliation directed to cultural sites is also forbidden, and there is no justification or exception for any kind of retaliation. This is strongly stated in Article 4 (4) of the Hague Convention 1954 and Article 53 © of the Addition Protocol I of 1977. 14 fingerprints of the personnel. Other than that, the card should also have the stamp of the competent authority. The specific information on the card should be informed to other member nations. Lastly, historic and protected cultural heritage shall be registered to the International Register of Property under Special Protection. Shelters and city centres that have historic and protected monuments and immovable objects shall register these objects to International Register of Property under Special Protection that is managed by Director-General of UNESCO. To receive the right for special protection, the national government should send a descriptive file of the location of these objects along with all the required documents. 17

Implementation of National Policy on the Protection of Cultural Property
Indonesia is a country with a high level of diversity; thus, it needs to have a national policy to protect its cultural property. The followings are regulations related to the protection of cultural objects: 18  None of the above regulations explicitly regulate the use of distinctive sign on cultural property. Whereas, in reality, the Blue Shield Emblem is an internationally acknowledged identity. As a member nation, Indonesia should install the emblem on its entire cultural heritage for identification purpose. Nevertheless, Law Number 11 of 2010 does not regulate the instalment of the Blue Shield emblem. The authors believe that the government must include the requirement of using the emblem into legislative regulations to ensure international protection for the objects.
Muaro Jambi Temple site is a nationally recognized cultural property in the Province of Jambi, Indonesia. There six main areas of temples in the site. The area I consists of Gumpung Temple, Tinggi Temple, Kembarbatu Temple, Telogorajo Pool, and Menapo-Menapo. Area II is a place for Astano Temple and several Menapo. Area III contains Gedong I Temple, Gedong II Temple, and several Menapo. Area IV consists of Kedaton Temple and several Menapo. Area V is the location for Kotamahligai Temple, Bukit Segalo Temple, and several Menapo. Lastly, area VI contains Teluk I Temple, Chinese Menapo, and several other Menapo. 19 Referring to the prevailing law, these objects should be protected. The question is, has Indonesia used the International Humanitarian Law instrument to protect this site?
Having reviewed the literature and official document concerting the administration of Muaro Jambi Temple site, the authors found that five parties are involved in the observation of the site. The parties are Jambi Cultural Preservation Center (BPCB), Palembang Archaeological Center, Department of Culture and Tourism of Jambi Province, Department of Youth and Sports of Jambi Province, and the Local Community of Muaro Jambi. The authors also found that there is no distinctive sign planted in all archaeological relics located in the site.
The importance of registration and protection of cultural objects is stated in Article 3 of the Hague Convention of 1954. The article assigns participating parties of an international convention to register and protect their cultural heritage in time of peace. Article 7 (1) and (2) of the Hague Convention of 1954 stipulates that participating nations should insert and introduce the provisions to protect the cultural object into their military regulations. Each nation should adhere to this provision. 20

C. Conclusion
Based on the previous discussion, the authors conclude that a natural and human being threatens cultural heritage in Indonesia. Natural threat refers to corrosion of the cultural object, and human threat means deliberate or accidental destruction, looting, and illegal trade. This threat might occur in both peace and armed conflict time. 21 In a time of peace, Law of the Republic of Indonesia Number 11 of 2010 underlies a criminal penalty for anyone who deliberately destroys, removes, or dispels cultural object. For this reason, Muaro Jambi Temple site should apply a distinctive sign to protect the archaeological relics in the site.