In this research the problem started when People’s Republic of China built
military facilities in South China Sea and claimed the sea from the historical side
and from the construction of military facilities has hampered the countries
around South China Sea to exploiting the natural resources in it and also has the
impact to trade routes because South China Sea is one of the densest sea in the
world. Research methods used in legal writing based on normative research.
Primary, secondary and tertiary data are used in this legal writing. The data
collected by interviews and analyzed qualitatively. Based on analyze and
interview, found that People’s Republic of China claim the South China Sea
from the historical side and built the facilities military on it and the behavior
violates three articles on United Nations Convention of The Law of The Sea are
article 88 about high seas shall be reserved for the peaceful purposes, article 123
about enclosed or semi – enclosed sea should co-operate with each other
countries and article 136 about that high seas and its resources are the common
heritage of mankind.