ATODAY.ID, JAKARTA – President of the Republic of Indonesia Prabowo Subianto and Chinese President Xi Jinping have just issued a Joint Statement on November 9 2024, in which Indonesia and China agreed to form maritime cooperation. It is hoped that this collaboration can become a model for efforts to maintain peace and friendship in the region.
This is in line with the spirit of the Declaration of the Conduct of the Parties in the South China Sea which was agreed upon by ASEAN countries and China in 2002 as well as efforts to create peace in the South China Sea region.
Quoted from the MOFA Indonesia press release, Monday, November 11 2024, it is hoped that this collaboration will cover various aspects of economic cooperation, especially in the field of fisheries and fisheries conservation in the region, based on the principles of mutual respect and equality.
This collaboration will also be carried out within the corridors of the laws and regulations of each country.
For Indonesia, of course this cooperation must be carried out based on a number of related laws and regulations, including those that regulate territoriality; law ratifying international maritime treaties, especially the 1982 Law of the Sea Convention; as well as ratification of bilateral agreements regarding the legal status of waters or maritime boundary delimitation; regulations regarding marine spatial planning as well as fisheries conservation and management, taxation and various other provisions.
In addition, all international obligations and other contracts entered into by Indonesia relating to the area will be unaffected and will continue to apply without change.
“This collaboration cannot be interpreted as an acknowledgment of the claims of “9-Dash-Lines”. “Indonesia reiterates its position so far that this claim has no basis in international law and is not in accordance with UNCLOS 1982. Thus, this cooperation has no impact on Indonesia’s sovereignty, sovereign rights or jurisdiction in the North Natuna Sea,” said MOFA.
Indonesia also believes that this cooperation will encourage the completion of the Code of Conduct in the South China Sea which can create stability in the region.
Meanwhile, Professor of International Law at the University of Indonesia, Hikmahanto Juwana, highlighted the opportunities for joint development in maritime areas which are claimed to be overlapping. He is worried about the plan, especially regarding its potential impact on Indonesia’s sovereignty.
According to Hikmahanto, in the joint statement by President Prabowo and President Xi Jinping, there is a ninth point which states that the two countries will “create more bright spots in maritime cooperation” through joint development in areas that are recognized as overlapping claims.
Hikmahanto views that this sentence raises the question of whether what is meant to cover the North Natuna region, which Indonesia has so far claimed as an Exclusive Economic Zone (EEZ) and is at odds with China’s nine-dash line claim.
“If what is meant is the North Natuna region, then this is a very fundamental change in Indonesian policy,” said Hikmahanto in a written statement on Monday, November 11 2024.
Previously, until the end of President Jokowi’s term of office, Indonesia consistently refused to recognize China’s unilateral claim which included the Natuna region on the nine-dash line map.
Hikmahanto explained that the ten dash lines have no legal basis in the UN Convention on the Law of the Sea (UNCLOS), which is the international reference for maritime boundaries. In 2016, the Permanent Court of Arbitration (PCA) even rejected China’s unilateral claim, stating that the claim was not in line with UNCLOS provisions.
If Indonesia now enters joint development in the region, Hikmahanto is worried that this could be interpreted as recognition of China’s claims.
“Joint development can only be carried out if both countries recognize the existence of overlapping maritime claims,” he said.
This means, according to him, that Indonesia is at risk of changing its stance on the issue of sovereignty in a region that has been closely guarded.
This step is also considered to be able to trigger reactions from neighboring countries that also have maritime conflicts with China, such as Vietnam, Malaysia, the Philippines and Brunei Darussalam.
Hikmahanto emphasized, “ASEAN countries may question Indonesia’s change in attitude and could even increase tensions in the region.”
ASEAN solidarity in facing China’s unilateral claims could also be disrupted. In fact, large countries that prioritize freedom of navigation, such as the United States and Japan, could feel disappointed with Indonesia’s new position.
According to Hikmahanto, this will have a significant impact on geopolitics in the region, especially considering the strategic position of the Natuna Sea as an international trade route.
He added, if it is true that joint development is being carried out in the North Natuna region, then President Prabowo should consult with the People’s Representative Council to get input regarding the policies that will be taken.
“This is very important to avoid violating Indonesian laws and regulations,” said Hikmahanto.
If this joint development is carried out without clear consultation, according to him, the Indonesian government could be considered to be ignoring a number of regulations related to territorial sovereignty and EEZ. In fact, this would conflict with the recognized national map, where North Natuna is part of the legal territory of Indonesia.
In addition, Hikmahanto warned that the impact of this agreement would be more beneficial for China than Indonesia. According to him, China can use this cooperation as proof that its claims have been recognized by Indonesia, a step that will strengthen China’s position in the South China Sea dispute.
This step could also give an international perception that Indonesia has supported China in disputes in the South China Sea.
“This is contrary to President Prabowo’s first speech which stated that Indonesia would not be behind any superpower,” concluded Hikmahanto (AT Network)
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