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Jakarta, CNBC Indonesia – It is said that China may entrap Indonesia to achieve its vision of the South China Sea through a proposal. This despite the fact that Indonesia has long clarified its position as a non-complainant in the South China Sea.
Indonesia was also asked to keep an eye on the proposal made by China. So said Aristyo Rizka Darmawan, who noted his concern about Indonesia’s position in the South China Sea in his published article The interpreter.
Aristyo is a professor and principal investigator at the Center for Sustainable Ocean Policy at the University of Indonesia School of Law with a research focus on maritime security in Asia and the Pacific.
As is well known, China has submitted several joint development proposals in the South China Sea since 2017, to the Philippines, Vietnam and Indonesia.
In the proposal, China proposes to form a Esparto Resource Management Authority (SRMA), with members not only from the disputed claimant countries, namely Brunei, China, Malaysia, Vietnam and the Philippines, but also Indonesia.
That concern stems from an article Huaigao Qi from Fudan University wrote. The article was published last year in the Journal Contemporary East Asian Studies.
In the article written by Huaigao, it was stated that China’s goal is to play a constructive role in promoting a peaceful and stable region, as well as developing good relations with other coastal states and reducing competition between China and United States (US) In disputed territories.
According to him, cooperating with China amounted to validating the claims of the South China Sea, a move that would go completely against the interests of Indonesia.
“The recent publication of a series of diplomatic notes between the two countries makes it clear that Indonesia should be wary of China’s intentions. Indonesia should not involve any proposals from Beijing regarding joint development in the South China Sea,” he explained in Article. CNBC Indonesia, Saturday (8/29/2020).
China’s decision to drag Indonesia into the vortex of the territorial dispute has become the focus of the Sydney-based think tank; Lowy Institute, Friday (8/28/2020), with an article titled “Jakarta should be careful with Beijing South China Sea proposals.”
In Indonesia’s position, it is clear that Indonesia is not a claimant for any features in the South China Sea, so there is no outstanding maritime boundary with China. But China unilaterally insisted that Indonesia’s Exclusive Economic Zone (EEZ) and the continental shelf off the coast of Natuna Island overlapped and claimed to have “nine hyphens.”
Meanwhile, the 2016 international court ruling claimed that China’s ‘nine-dash line’ has no legal basis based on international law to support Indonesia’s position. For this reason alone, there is no basis for Indonesia to join any development agreement with China.
The international court decision in 2016 decided that to create a joint development in the disputed territory, China must have a valid claim under the United Nations Convention on the Law of the Sea (UNCLOS).
China has never responded to Indonesia’s diplomatic request for clarification on the nine dotted lines. In his article, Huaigao writes that Beijing deliberately maintains ambiguity about the coordinates and legal basis of the nine scripts, in an effort to avoid escalating disputes and maintain relations with ASEAN claimants.
This seems to be a generous interpretation, even if it admits that if China is to take more military action in the disputed region, its relationship with the ASEAN claimants will deteriorate.
“There is no reason to expect the nine scripts to change immediately,” emphasized Aristyo Rizka Darmawan.
As long as this ambiguity persists, there is no possibility of good faith on the part of China in negotiating joint development proposals with Indonesia.
Under international law, Indonesia is entitled to its EEZ in the waters around Natuna Island and is entitled to the resources in the area.
If Indonesia agrees to a joint development proposal under SRMA, Indonesia is likely to lose its sovereign rights in this EEZ as there will be a “Resource Management Authority” to regulate exploration of joint development areas.
After a series of incidents with China in the Natuna North Sea in recent years, President Joko Widodo strengthened Indonesia’s position in the region with a focus on three main programs: marine tourism, energy and defense. Jakarta is better off focusing on the development of the Natuna Islands themselves, rather than joining China.
China’s behavior in escorting illegal fishing vessels to the Indonesian EEZ at Natuna has increased along with increased law enforcement in Indonesia.
“The Indonesian public increasingly sees China as a threat. If Jakarta turns around and suddenly begins joint development with Beijing in the area, this is likely to generate widespread opposition,” Aristyo explained.
“Any of these reasons alone will raise questions about Indonesia’s wisdom in pursuing joint development in the South China Sea or the North Natuna Sea. Overall, it is a clear reason to reject it.”
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