The Unbreakable Relations between - Vietnam Under “Sink the Vessels” Policy: A Complex Systems Approach

Rusadi Kantaprawira Bakrie University Arry Bainus Universitas Padjadjaran Indra Kusumawardhana Universitas Pertamina

Abstract

The vibrant bilateral relations between Indonesia-Vietnam has been tested by the “Sink the Vessels policy”, a robust measure executed by Indonesia to tackle rampant illegal fishing that encroach Indonesian waters. The policy has caused in the demolition of, among else, Vietnamese fishing vessels; and has also led to near-clash and incidents at sea. Nevertheless, both countries bilateral relations were far from hostile condition, and uphold their neighbourly relations to manage the illegal fishing problem. How could Indonesia’s foreign policy action not further exacerbate Indonesia-Vietnam relations post “Sink the Vessels” policy? To tackle our question, this article probes to describe the complex systems underlying the relations between Indonesia and Vietnam during the rising tension. We argue that the complex systems encapsulated Indonesia – Vietnam relations post “Sink the Vessels” policy consist of symbol system, interest system, and role system that maintain their friendly bilateral relations, even in the turbulent ocean. This article exposes that Indonesia-Vietnam responds to tackle the problem stems primarily from the linkage between the three systems to escape the security dilemma.

Key words: Indonesia, Vietnam, illegal fishing, sink the vessels, complex systems

Introduction However, this optimistic trajectory has been tested by a tough measure exercised Since 2010, the improved bilateral by Indonesia's President in relations between Indonesia and Vietnam encountering rampant illegal fishing in have brought significant proximity of the Indonesian waters. The policy has two nations. In 2013, the adjacency resulted in the demolition of, among else, between the two nations reached its peak Vietnamese fishing vessels; and has also due to a strategic partnership between led to near-clash and incidents in the Indonesia and Vietnam was being maritime domain. commenced. The Strengthening cooperation between them makes Vietnam After Joko Widodo came into office as the only strategic partner of Indonesia on 2014; Indonesia astonished the world in Southeast (Anjaiah, 2011). by Joko Widodo’s administration firm Journal of ASEAN Studies, Vol. 6, No. 2 (2018), pp. 155-178 DOI: 10.21512/jas.v6i2.5004.g3495 ©2018 by CBDS Bina Nusantara University and Indonesian Association for International Relations ISSN 2338-1361 print / ISSN 2338-1353 electronic 156 The Unbreakable Relations between Indonesia-Vietnam

policy to detonate domestic and foreign been heavily be caught doing illegal fishing vessels caught stealing fish in fishing activities). Thus, it is predictable Indonesian waters. The policy known as that the detonation of foreign fishing "Sink the Vessels" (STV), commanded by vessels policy triggered protests from the Minister of Marine Affairs and neighbouring countries, especially from Fisheries “Susi Pudjiastuti”, one of whose fishing vessels seized and Indonesia’s ministerial rank that is detonated by Indonesian government. infamous of her dedication for delivering Nevertheless, Indonesia has consistently her duties to protect Indonesia’s marine and firmly stood to their STV policy and resources. By far, public in Indonesia unwilling to reconsider its unilateral regarded the STV policy as a symbol of movement, even in the midst of Indonesian government considerable opposition by neighbouring states (Deny, measure to pursue “Global Maritime 2018). Axis” agenda by President Joko Widodo. Interestingly, so far, Vietnam's This agenda demands the ability of toughest response to Indonesia's national Indonesia to secure its maritime security policy is in the form of reminder that such and national sovereignty for the sake of unilateral action violates the 2003-2004 the future Indonesian prosperity. Some Continental Bilateral Agreement between says that this policy originated from Joko Indonesia-Vietnam which is still in the Widodo’s utmost admiration toward process of delimiting its authority. Other Indonesia’s vast territorial waters and the than those steps, Vietnam also sent long-standing ‘archipelagic outlook’. diplomatic note to Indonesia to maintain Rather than valuing Indonesian good bilateral relations between the two archipelago as a natural disadvantage, countries, by prioritizing the principle of President Widodo regards the waters for cooperation and understanding by stating its economic potential and as national that Indonesia must “(pay) attention to the strength (Gindarsah & Priamarizki, 2015, strategic partnership of the two nations” p.15). Indonesian governance in dealing with Vietnamese fishermen” acknowledges the policy as highly (Parameswaran, 2015). important. Departing from the above Post to STV Policy, the mass media mentioned context, authors questioned keep broadcasting the amount of Vietnam how Indonesia’s foreign policy action did vessels seized by Indonesian Patrol Ship not further aggravated Indonesia-Vietnam in Natuna Waters (Al Birra, 2017). From relations post “Sink the Vessels” policy? the geopolitical approach, obviously the This article probes to describe the complex involvement of South China Sea claimant systems that enchase Indonesia and states is inevitable on this issue (for Vietnam behaviour during the rising instance Vietnam, in our case, as a tension. We argue that complex systems claimant state over the South China Sea approach as a conceptual tool offers a territorial dispute whose fishermen have Journal of ASEAN Studies 157

noteworthy insight to understand this By this explanation, we could case, especially to captured holistically, agree upon three different trajectories to Indonesia – Vietnam relations post “Sink distinguish the three main features of the Vessels” policy. Using this approach, foreign policy. Theoretical instrument for we draw the interaction between symbol analysing foreign policy can be divided system, interest system, and role system into three groups; systemic theories, that encapsulated the unbreakable societal theories, and state-centric theories relations between Indonesia-Vietnam, (Barkdull & Harris, 2002, pp.63-90). even in the turbulence ocean. This article According to Dugis (2008), the first stream found that the response of Indonesia and denotes to scholars that eager to scrutinise Vietnam in tackling the problem stems and elaborate foreign policy by primarily from the linkage between the questioning about how the international three systems that helps escape the system implicates the conduct of foreign security dilemma. Using qualitative policy between actors in international research methods and in-depth interview relations. In our words, to tackle the with some primary sources, this paper dynamic of external environment within conducted in-depth study to thoroughly international system, states adjust their uncover Indonesia-Vietnam relations post existence through foreign policy as a STV policy. strategic instrument. The second group advocates foreign policy by emphasizing Theoretical Framework: Foreign Policy the importance of domestic aspects, Action and Complex Systems Approach especially the combination of domestic According to Vinsensio Dugis, politics and the culture of a particular foreign policy is traditionally understood country. These theories stress on the spirit as authoritative action taken or is officially to dismantle the “black box” of state as decided by governments both to maintain unitary actor and highlight the importance the desirable aspects of the international of domestic political factors over foreign environment and to change its policy. The third group is theories that undesirable aspects. Therefore, in its basic chase the answers to questions regarding understanding, foreign policy foreign policy within the structure of the encompasses of statements and actions state, and this also includes the taken by state subjects to its relations with individuals who transmit and implement other external actors, states or non-state foreign policies on behalf of their country. actors (Dugis, 2008). Then, in order to In other words, individuals and their analyse foreign policy, there are three occupying institutions are seen as main features of foreign policy: sources of instrumental in analysing foreign policy. foreign policy, the process of producing Our theoretical framework supported the the sources become policy, and actions first group among those three theories of taken to implement it (Dugis, 2008). foreign policy. Whereby, we aim for systematic explanation regarding Indonesia-Vietnam foreign policy action 158 The Unbreakable Relations between Indonesia-Vietnam

to tackle the dynamic of external complexities, or to increase the level on a environment within international system, scale of increasing complex, instead, we especially to manage the rising tension should look at the logic of the interaction cause by illegal fishing activity. Therefore, and the manner in which it reaches the we utilize complex systems approach to emergence of the phenomena. In complex draw systematic explanation regarding systems, from the living cell to the global those two countries bilateral relations social system, we can essentially identify during the rising tension. infinity of levels of the organization (Kusumawardhana, 2017). Departing from The complex system as a this vantage point, we define complex terminology used in this paper exhibits system as a collective of two or more the concatenation of interconnected and simple systems. interdependent parts between actors in international system. According to Rusadi Based on our conceptual Kantaprawira (1987), ‘the system can be understanding, in any action and defined as a unit which is formed of interaction within international system, several elements, or components, or part actors stand as an important and dynamic of each other are in a latch-hook unit in our realm of thought. Within a attachment and functional. Each is larger social unit (for instance, an actor cohesive with one another. It means the within a family, society, nation, or a aggregate of the unit maintained intact its collection of nations or the international existence. The system can be construed community as a whole in the case of also as something higher than just a international relations), we could means, procedures, plans, schemes, or conceptualized an actor as a complex method. Furthermore, the system is a entity, especially if the actor has mechanism patterned manner and expectations and principles of action are consistent, even the mechanism is often implicated by various restraints, and automatic’. It means that the system is when, that actor contributes in the growth, everywhere around us, the world is the maintenance, and development of that shed of systems. larger social unit while making its own view thereof, mediated by symbols of According to Kazuko Hirose various kinds (Kawaguchi, 2003, p. 45). Kawaguchi (2003), a complex system can Realities that bind the human world, be understood as a set of systems; In other however, encompasses many systems in words, the most important features of the each of which a diverse action principle complex systems are interconnectedness operates. This is how, actors in our view, and the emergence, i.e. the fact that the situated in myriad uncertainty and whole cannot be reduced to the sum of the ambiguity within international system as components (Cîndea, 2006). However, the a larger social unit that constrain their most important thing is not to decompose existence. a complex system into lower level Journal of ASEAN Studies 159

Therefore, making a social (matter and energy); furthermore, if this phenomenon into parsimony theoretical independent system interacting in intense hypotheses, is not a trivial matter, but dialogue with reality- a dialogue that requires careful intellectual work to deal involves of recurrent interactions with it- with all its complexity, uncertainty, and these systems develop ordered relations diversity intact. In this context, the best among themselves that can be stated as that one can do is to draw the simplest laws (Kawaguchi, 2003, p.48). possible ideal type that represent the The study toward this certain essential characteristic of that complex symbols within these systems has often phenomenon. To embrace this possibility, been done in social sciences, commonly Kawaguchi (2003) depicted some focus on analysing shared knowledge guidance regarding this ideal type by among members of certain society, explaining that actors’ types of behaviour especially to understand the impact of this can be construed into three different and shared knowledge toward decisions and independent types of behaviour, each of actions of those members, and how those this type can be exercised as analytical constitutive aspect contribute to the concept or in his terminology “ideal preservation and control of social types”. Departing from the enormously structures or social order (such symbols complex array of definite behaviour that include laws, norms, traditions, takes place in the world; he illustrated the ideologies, and ideals such as democracy three types of behaviour are interest- or human rights). Additionally, the bodies oriented behaviour, role-expected of knowledge equipped by social, cultural, behaviour, and symbol-oriented and natural sciences are themselves behaviour, and the three types of systems among the symbol systems that can be that correspond thereto are interest studied by social scientists (Kawaguchi, systems, role systems, and symbol systems, 2003, p.49). To summarize these three respectively (Kawaguchi, 2003, p. 46). aspects, in our explanation - state to state Moreover, Kawaguchi elaborates interactions determined by interest- his theoretical framework into three clear oriented behaviour, constrain by role- definition as follows; interest-oriented expected behaviour, and influenced by behaviour signifies the logic of an symbol-oriented behaviour. individual actor, while role-expected The first system, “Interest”, plays behaviour is the behaviour likely of an an important role that dictates state individual actor according to the logic of behaviour in the international system. In the whole within which he or she is other words, state behaviour in situated (Kawaguchi, 2003, p. 46). international system tends to come from Furthermore, symbol-oriented behaviour is the most basic behaviour that is which behaviour whose frame of reference is a promotes the continued existence of the symbol system. Wherever, symbol actor. Whereby, if we agree upon the systems exist self-sufficiently of reality 160 The Unbreakable Relations between Indonesia-Vietnam

survival of an actor as an important international relations among actors: a interest among the member of symbol system, that is, a special case of a international system, and regard system of signs that embody and carry behaviour that obliges to promote one's those aspects of social phenomena or own survival as interest-oriented international relations that Kawaguchi behaviour. In the case of a nation, let us (2003) mention as the 'realities' thereof (or call such behaviour national-interest aspects of 'matter and energy'). Among oriented behaviour (Kawaguchi, 2003, states, according to our understanding, p.51). Moreover, a certain actor's interests common or general interests are shaped originate internally from that actor and by a similar process that produce a certain that they abide in isolation from the whole meaning through symbols. Example of in which that actor is situated (if the actor this can be seen when international is a nation, it refers to the international community was discussing about the community) (Kawaguchi, 2003). international regime to manage resources on ocean floor or the sea-bed and in the Meanwhile, the role system is subsoil thereof (In the context of based on the existence of a goal that must development or exploitation and be attained if the system itself is to remain exploration) at the Third United Nations in existence (Kawaguchi, 2003, p.59). Conference on the Law of the Sea (Treves, Whereby a system's goal is accomplished 1982). In our opinion, the interests and through a synchronised division of labour, positions of any nations featured by these known as role differentiation, among the specific maritime features progressively members of the system (the actors or converged in one trajectory and those of parts). The share of labour expected of an the 'have-not' nations gradually individual member is known as a role converged in another, while repetitively expectation, and behaviour grounded attract conflictual relations among them. solely on a role expectation can be understood as role-expected behaviour Based on the above mentioned (Kawaguchi, 2003, p.59). conceptual discussion, we draw complex system analytical framework to analyse The third system was symbol Indonesia-Vietnam relations post “Sink system. The concepts of an interest system the Vessels” policy (Figure.1). Our and a role system can be understood as framework consists of three level of specific abstractions from certain features systems analysis, namely State System, of social phenomena or interactions International System, and Symbol System. between actors internationally that can be The linkage of those three systems elucidated by, correspondingly, both at captured the interaction between states in the level of individual logic and the logic international system, particularly in our of the whole. This third category of system case, Indonesia-Vietnam relations to tackle can be recognised though a careful study illegal fishing problem that tested their toward the same social phenomena or bilateral relations lately. In the remaining Journal of ASEAN Studies 161

sections of this paper, we will examine international system as a larger system in both state system of Indonesia and the social structure that encapsulated their Vietnam based on interest system, role- existence. At the last analysis, we expectation system, and symbol system. scrutinize the influence of symbol system Thereafter, we draw some explanation during the rising tension between about the linkage between Indonesia- Indonesia-Vietnam in this issue. Vietnam national interest with the

Figure.1 Complex Systems Analytical Framework

State System: Interest, Role Expectation, interests evolve by the dynamic of and Symbol in a Turbulence Ocean international system, we must perceive the nation itself as a system and to enquire In this section, we will analyse the explicit or implicit objective has been Interest, Role Expectation, and Symbol as the established to uphold that system's foundation of state system, both Indonesia existence. Furthermore, he emphasized and Vietnam. By elaborating each part of that the key to grasp comprehensive the three system within state, we hope for understanding toward conflict resolution gaining comprehensive understanding among actors lies on the processes by about the nature of actor in the rising which conflict is resolved among tension at play within the larger system. conflicting interests of the individuals and On Indonesia: Wawasan Nusantara, interest groups that make up a nation Nationalistic Ideology, and Global must be measured carefully, in Maritime Axis conjunction with the nature of the overall national interests that arise as a According to Kawaguchi (2003, consequence of those processes and that p.52), in order to come with a clear are asserted in relation to the external understanding about how national world. Consequently, this would 162 The Unbreakable Relations between Indonesia-Vietnam

encourage our efforts to scrutinise the on the Netherlands 1939 Ordinance on structure within the black box of nation- Territorial Waters and Maritime Zones, state as a system, in the context of its which had divided the archipelago into foreign policy. several areas. These territorial divisions and the three-mile extent of its territorial Friedrich Ratzel believed that the sovereignty were later apprehended as the state is a geographical organism. source of Indonesia’s vulnerability to Understanding Indonesia from this point foreign maritime infringement in the of view, we can denote, the archipelago archipelago. Consequently, the vastness of geographically has acted as an important the archipelagic boundaries at that time aspect that influenced the history of presented a real challenge for Indonesia, Indonesia. In fact, until now, it is the some of which, related to the increase of largest archipelagic state in the world. Its smuggling and growing regional unrest. gigantic size is salience by the geostrategic In December 1957, to tackle the urgency of location for the Asia Pacific region both this concerns then Prime Minister Juanda geopolitically or geoeconomically, which Kartawidjaja deprived the 1939 Ordinance controls four of out of the seven major and declared Indonesia an ‘archipelagic maritime chokepoints in the world (Habir state’. The archipelagic state referred to a et al, 2013). In addition, the rich natural belt of baselines (islands and water resources be inherent in within the between islands) that contained the archipelago, including oil and gas, territory of the Indonesian modern state. intensifies the strategic importance of Thereafter, when President ’s New Indonesia. Despite geographical Order came to power, they formulated the advantages, there is a paradox due to the Archipelagic Outlook or Wawasan size of the country and its resources also Nusantara in 1966, based on the Juanda brings insecurities in Indonesian policy Declaration. makers as they struggle to ward off external threats and to manage internal With the official commitment to security threats to the unity of the country the Wawasan Nusantara concept, the New (Laksmana, 2011). According to Ahmad Order government engaged on diplomatic Derry Habir et al (2013), this outlook has campaign for the recognition of the been influenced by a history of the Archipelagic State concept in the United archipelago that highlighted – with few Nations Conference on the Law of the Sea exemptions such as the precolonial and various international forums. kingdoms of Sriwijaya and Majapahit – Eventually, the two decades of Indonesian geographically limited land-based diplomacy's efforts led to the concept of powers. archipelagic state was adopted in 1982 by the third United Nations Convention on After Indonesia claims its the Law of the Sea (UNCLOS III). independence from colonial power, they Indonesia ratified the UNCLOS in 1985 delineated its territorial sovereignty based through Law No. 17/1985 (Habir et al, Journal of ASEAN Studies 163

2013). Moreover, to spread the concept of and outward-looking, multilateral- the archipelagic state throughout the oriented, and grounded to norms within country, citizenship and national international law during President resilience education became the most Yudhoyono leadership, in some extent important agenda of the overshadowed the discourse about regime. Regardless of these domestic and Wawasan Nusantara. Arguably, in the international developments, the Wawasan practice of these foreign policy, the Nusantara has been principally inward- traditionally independent and active looking instead of outward-looking in foreign policy of Indonesia – as spirit, it appears from the tendency to formulated by the first Indonesian Vice emphasize continuously on Indonesia's President Mohammad Hatta – has been strategic geographical location, a distrust adapted to the present globalisation towards potentially exploitive external period. Whereby, the core interest of powers wishing to take advantage of the Indonesian foreign policy, at that period, location and Indonesian resources, and a was perceived as reinforced Indonesia’s concern for national unity in the face of image as independence and activism as a separatist threats. peace maker, confidence builder, problem solver, and bridge builder (Rosyidin & Tri After the emergence of Post-New Andika, 2017). order democratic system, President Yudhoyono navigated Indonesia’s foreign However, Indonesia’s foreign policy to an active and outward policy after the election of Joko Widodo orientation grounded on democratic and (Jokowi) shows a different trajectory. idealistic values. In May 2005, during his Unlike his predecessor, Susilo Bambang first foreign policy speech, shortly after he Yudhoyono, Jokowi has seemed less was elected president, he defined ambitious in bringing Indonesia onto the Indonesian nationalism as ‘a brand of world stage (Rosyidin, 2017). Based on nationalism that is open, confident, Jokowi’s vantage point, Indonesia is a moderate, tolerant, and outward looking’ “regional power with selective global (Yudhoyono, 2005). Moreover, frequently engagement” (Widodo and Kalla, 2014, the president highlighted the same p.13). Following a mantra of ‘pro-people themes, emphasising tolerance as an diplomacy’, Jokowi desires to transform important component of freedom and Indonesia’s foreign policy into an action democracy. For example, when he opened that can contribute directly to the interests the 2011 Bali Democracy Forum, he stated, of the people. This involves a foreign ‘we believe that freedom must be coupled policy orientation that leans towards the with tolerance and rule of law, for without domestic rather than the international them freedom leads to unbridled hatred (Rosyidin, 2017). and anarchy’ (Habir et al, 2013). The The most salient example of shifted trajectory of Indonesian foreign Jokowi’s aggression is his policy of policy from inward-looking to more open 164 The Unbreakable Relations between Indonesia-Vietnam

sinking illegal fishing boats. In 2014, Indonesian sovereignty. As reported by Interior Minister Tjahyo Kumolo asserted Post, Cabinet Secretary Pramono that the government should take Anung blatantly underlined this symbolic aggressive decisions on behalf of the political stand point, “[N]atuna belongs to dignity and honour of the country, the Unitary State of the Republic of defending its territorial sovereignty and Indonesia [NKRI] and that’s final. As the protecting natural resources (CNN head of government and the head of state, Indonesia, 2014). To support this the President wants to make sure that commitment, Indonesia strengthened STV Natuna always remains part of Indonesia” policy by creating special task force to (Jakarta Post, 2016). At this point, we Eradicate Illegal Fishing namely SATGAS could grasp some understanding that 115, which was endorsed by President Indonesia’s under Jokowi’s leadership Joko Widodo through Presidential Decree wants to pursue their national interest No. 115 in 2015 (Marta, 2017). In other based on its archipelagic outlook as a words, SATGAS 115 signifies Indonesia's symbol, economic interest, and limited commitment to defend its sovereignty strategic interaction with external actors through reinforcing law enforcement as a role-expectation. This system capacity by initiating a one-roof behaviour reconfigured Indonesia’s state enforcement system, which consists of system to be more inward-looking rather elements of the Indonesian Navy, than outward-looking orientation. National Police, BAKAMLA, and the On Vietnam: Self Reliance and Republic of Indonesia Prosecutor's Office. Independence, Anti-External Aggressor, Also, to facilitate coordination, encourage and Economic Prosperity synergy, and carry out facilitation functions in combating illegal fishing. This Overtime, Vietnam’s foreign policy nationalist sentiment was also evident has experienced dramatic shifts one way when Indonesian officials later announced or another, propelled by structural that the government would sink 71 changes at the international system level foreign vessels as Indonesia and domestic political change. The first commemorated 71 years of independence major theme of Vietnam’s current foreign (Parameswaran, 2016). policy is the stress on independence and self-reliance. This is based on three Besides, Indonesia also reacted historical legacies: first, resistance to directly after Chinese fishing boats foreign intervention during the colonial trespassed the waters off Natuna, an and post-colonial eras; second, as a Indonesian territory. To demonstrate his member of the socialist camp when commitment to defend Indonesia’s Vietnam was caught in the crossfire of the sovereignty, Jokowi held a cabinet Sino-Soviet dispute; and third as a meeting from the warship KRI Imam dependent ally that was left isolated when Bonjol, sending a signal to the Chinese the Soviet Union suddenly collapsed in government that it should not violate on Journal of ASEAN Studies 165

1991. According to Vietnam’s National national interests must be Defence white paper, it stated “Vietnam respected by other countries. consistently realizes the foreign guideline Vietnam advocates against the of independence [and] self-reliance…” military use of force first in international relations but is (Ministry of National Defence, 2009). ready to resolutely fight These two nationalistic values consistently against all aggressive acts uphold by Vietnamese government by (Ministry of National Defence, formulating their national defence policy 2009, p.19). based on three principals namely “Three no’s”: Vietnam consistently advocates Territorial integrity and unity as a neither joining any military alliances nor representation of Vietnam's giving any other countries permission to independence, embedded very strong for have military bases or use its soil to carry this country as a sovereign country. out military activities against other Historically, this is very reasonable, if we countries.” (Ministry of National Defence, look at the long history of Vietnam, where 2009: 21–22). These three principles stand its existence is determined by the struggle as safeguard for Vietnam from being to fight external aggressor that threatened involved in scaremongering contestation the very existence of this country. between external powers, which often Therefore, in the national defence undermines the existence of Southeast corridor, the country's white book Asian countries, especially the United reinforces the importance of independence States and China. Furthermore, and self-reliance as state identities. As Independence and Self Reliance, as follows “Vietnam’s national defence is Vietnam's primary identity as a sovereign always closely linked to the CPV and the country are highly reflected in the State’s guideline of independence, self - Vietnam defence white paper published in reliance, peace, cooperation and 2009. As in the following sentence, development in external affairs, and the foreign policy of openness, As a nation having experienced multilateralization and diversification in wars for national independence international relations” (Ministry of and freedom, Vietnam National Defence, 2009, p.21). thoroughly respects other countries’ independence, Besides emphasizing the sovereignty, unity, territorial affirmation of the principles of integrity and national interests Independence and Self-reliance as on the basis of fundamental guidance for Vietnam to build its foreign principles of the United policy trajectory. Vietnam also holds firm Nations Charter and international laws. At the same and consistent for, the importance of time, Vietnam demands that its maintaining an international legal regime independence, sovereignty, as a common ground in the region and unity, territorial integrity and internationally. Especially in solving 166 The Unbreakable Relations between Indonesia-Vietnam

various disputes that Vietnam must solutions to those disputes in dealing with, in the contemporary era. conformity with regulations of This is reflected in the Vietnam Defence the 1982 United Nations White Paper with the following sentence Convention on the Law of the Sea (Ministry of National “Vietnam’s consistent policy is to solve Defence, 2009, p.19)”. both historical and newly emerging disputes over territorial sovereignty in In addition to UNCLOS, when land and at sea through peaceful means Vietnam dealing with the issue of on the basis of international laws” territorial disputes in the South China Sea, (Ministry of National Defence, 2009). ASEAN as a regional institution has an Obviously, threats related to the territorial important role also. Vietnam’s national integrity faced by Vietnam are certainly defence white paper reflecting this notion, related to the dispute in the South China whereas Vietnam expressed the Sea which has the potential to trigger open importance for all parties to the dispute to conflict between Vietnam and the larger respect the Declaration of Conduct Chinese government. regarding South China Sea problematic condition, and jointly resolve the Therefore, on a larger context discussion of the Code of Conduct for Vietnam considers the existence of resolving the problems that occurred UNCLOS to be very important to be a (Ministry of National Defence, 2009, p.19). joint reference, especially as a basis for In the light of this view, we can defining the problem of territorial understand ASEAN is also an important disputes in the South China Sea. In this institution for Vietnam, because case, UNCLOS as an international discussions related to COC with China are maritime regime is acting more than as a carried out within the framework of common norm but also an identity that dialogue between ASEAN-China. gives meaning to Vietnam’s territorial Consequently, Vietnam promotes defence integrity in the international system. This cooperation between ASEAN countries acknowledgment appears in the following based on security cooperation mechanism sentence. to build the ASEAN community. “As for disputed sovereignty The second major theme of rights at sea, though there is sufficient historical evidence Vietnamese foreign policy is the and legal foundation to prove multilateralization and diversification of Vietnam’s undeniable external relations. This objective stands for sovereignty over water areas the role-expectation of Vietnam as an actor and islands in the East Sea, in contemporary international system. On including the Paracels and the May 20, 1988, the VCP Politburo adopted Spratlys, it is always ready to a seminal policy document known as negotiate with all parties Resolution No. 13 entitled, “On the Tasks concerned to find peaceful and Foreign Policy in the New Situation.” Journal of ASEAN Studies 167

This document codified Vietnam’s foreign Illegal Fishing as a Maritime Security policy by giving priority to economic Threat development and calling for a “multi- The main argument of this paper is directional foreign policy” orientation that the problem of Illegal fishing between with the goal of making “more friends, Indonesia and Vietnam within unsettled fewer enemies” (thêm bạn, bớt thù). Economic Exclusive Zone near to Natuna Specifically, Resolution 13 called for Islands occurred in interconnected Vietnam’s extrication from the conflict in complex systems. In this sense, a complex Cambodia in order to normalize relations system formed when interactions between with China, develop relations with actors’ process dynamically in nature. A ASEAN states, , and Europe, and system is an integrated whole in which “step-by-step” normalize relations with this process of interplay cannot be broken the United States. down and the actors cannot be separated This trajectory also denote (Kawaguchi, 2003, p.30). Especially, Vietnam’s foreign policy want to pursue within international system, any states “cooperation and struggle” among decide their actions in the context of its nations, especially to pursue economic relationships with other states; international integration for the welfare of constitutively among them share basic Vietnamese society. In 1986, Vietnam assumption that other state’s acting in adopted “đổi mới” or renovation and, two their own national interests. Thus, a years later, mapped out a major relationship between two states often is reorientation of its foreign policy. To one in which national interests collide. overcome its isolation and secure access to This situation, according to Kawaguchi markets, Vietnam withdrew from could lead the nature of interaction Cambodia in 1989. Subsequently, to between actors in international system ensure external support for “đổi mới”, into “a relationship that will inevitably Vietnam adopted a policy of pro-active lead to the use of force, a struggle for life international integration and became a by every available means,” or even what member of all major global economic could be called a Hobbesian state of institutions. To ensure its strategic nature (Kawaguchi, 2003, p.52). We claim autonomy more broadly, Vietnam the recent challenge faced by Indonesia- diversified its diplomatic and strategic Vietnam regarding Illegal fishing can be relations. As a result, today Vietnam is a another empirical record that when state- member in good standing of major global state relations intertwined as complex institutions, a leader in ASEAN, and systems, the key to manage tension lies on increasingly integrated in the global the synergy between those relations. economy (Thayer, 2017). When it does, even if the sovereign states anxious might have appeared to be The Linkage Between Indonesia- motivated only by their national interests Vietnam National Interest to Tackle or by the desire for power, all of them 168 The Unbreakable Relations between Indonesia-Vietnam

shared common internalized ideals Ministry of Foreign Affairs, said Vietnam because they had come into being in the felt “deeply concerned” about the sinking same region (Kawaguchi, 2003). of fishing boats belonging to Vietnamese fishermen who had violated Jakarta’s High tensions between Indonesia territorial waters. Binh added that and Vietnam over IUU Fishing activity Vietnam had sent a diplomatic note to started from Indonesia’s policy to destroy Indonesia Thursday recommending that hundreds of vessels, mostly Vietnam Jakarta “(pay) attention to the strategic origins. Popular online media in Indonesia partnership of the two nations” in recorded that since serving as Minister of handling Vietnamese fishermen Marine Affairs and Fisheries, Susi (Parameswaran, 2015). Pudjiastuti, managed to implement STV policy. The number of illegal fishing In recent decade, Vietnamese- vessels that had drowned since October Indonesian relations have come into a new 2014 until April 1, 2017 were 317 ships, period of collaboration. The ongoing with details as following: 142 Vietnamese Vietnam-Indonesia Strategic Partnership vessels, 76 Philippines vessels, 21 was designed to improve economic Thailand vessels, 49 Malaysian vessels, 21 relations throughout the 2014-2018 period. Indonesian ships, 2 New Guinea The target set up to US$10 billion of two- ships, 1 China ship, 1 Belize ship and 4 way trade by 2018 (Ward, 2017). During ships from unidentified country (Kuwado, Deputy Prime Minister, Vuong Dinh 2017). Indonesia’s decision to firmly Hue’s recent visit to Indonesia in July execute the policy was aimed to secure the 2017, he highlighted the importance of maritime resources, as stated by Susi Vietnam’s regional economic connectivity. Pudjiastuti as the Minister of Marine He specifically mentioned the significance Affairs and Fisheries. "I am not talking of the Regional Comprehensive Economic about the territorial authority, but about Partnership, which both Vietnam and maritime resources and fish. Fish in our Indonesia are a part of. Hue also exclusive economic zone is our fish” reinforced Vietnamese and Indonesian (Tempo.co, 2016). collaboration on common viewpoint initiatives such as sustainability, natural Responding such situation, disaster response, water management and Vietnam realizes the need to express its food security. However, Hue’s list of concern about Indonesia's firm policy cooperation did not mention about related to IUU Fishing. On August 2015, maritime and fishery issues. As the Hanoi’s foreign ministry spokesman economic relationship between the two stated that Vietnam is highly considerate nations has grew more massive, the lack about Indonesia sinking Vietnamese of cooperation over these prominent vessels for illegally fishing in Indonesian issues is even more glaring (Ward, 2017). waters. According to Tuoi Tre News, Le Accordingly, the Indonesia’s STV policy Hai Binh, the spokesperson for Vietnam’s undermine the reinforcement of bilateral Journal of ASEAN Studies 169

relations between two states. At this point, contacted Indonesia about the sinking of it is likely that both Vietnam and Vietnamese-flagged boats and appealed to Indonesia are standing on a critical Indonesia to deal with the fishermen “in juncture, where the complicated problem accordance with international laws, based that occur needs to be immediately on humane spirit and on the relations responded. between Indonesia and other countries.” (Thayer, 2014). In addition, in a separated Complex systems approach offers explanatory note by the government of more comprehensive picture of how Vietnam, it stated that “to closely interaction between states bring up a very coordinate in dealing with issues relating complex system; based on interest to fishermen and fishing boats that behaviour, role expectation behaviour, encroach each side’s territorial waters on and symbol behaviour. This the basis of humanity and friendship” interconnectedness may affect and (MoFA, 2013). Meanwhile, Jakarta insists transform state interests and behaviour. that the policy is not only needed but it The explanations fit into the way should be executed given the scale of the Indonesia-Vietnam projected its interest problem of IUU Fishing in Indonesian and role as an agent of socialisation to waters. respond problematic situation among ASEAN countries. By utilizing any Under this condition, refer to opportunity to engage in constructive Robert Jervis (1976) argument in his dialogue among actors, both by bilateral famous work “Perception and and multilateral, the problem could be Misperception in International Politics”, settled by formal or informal interaction this condition conventionally exacerbate between them. This is the basic element to the spin of international insecurity among elevate constitutive common purpose to disputing parties. Because the attempts of organize mutual issues between actors. one state to achieve security precipitate In this case, if the social arena to maintain the feeling of insecurity of other states common purpose between them was not (Jervis, 1976). Jervis, as one of many realist exist, the problem between Indonesia – scholars in International Relations, Vietnam regarding IUU Fishing will be believes that all states tend to assume the more complicated to be resolved. worst of others and respond accordingly. These unintended and undesired Since Indonesia implementing STV consequences of actions lead to a situation policy to manage its maritime security, called ‘security dilemma’ that Herbert Vietnam put serious consideration about Butterfield sees as that ‘absolute Indonesia act of sinking Vietnamese predicament’ that ‘lies in the very vessels who illegally fishing in its waters geometry of human conflict. […] Here is (Parameswaran, 2015). Pham Thu Hang, the basic pattern for all narratives of spokesperson for Vietnam’s Ministry of human conflict, whatever other patterns Foreign Affairs, stated that Vietnam had may be superimposed upon it later.’ 170 The Unbreakable Relations between Indonesia-Vietnam

(Jervis, 1991). From this point of view, the clashes at sea (Parameswaran, unilateral movement by Indonesia’s 2017). government to seek security by Moreover, responding to implementing hard measure regarding Indonesia’s concern toward IUU Fishing, IUU Fishing could trigger hostility of Indonesia-Vietnam utilizing any Vietnam’s perception toward Indonesia’s instrument to promote IUU Fishing as a action. In addition, according to Jervis common challenge through various “The perceptions and reactions of the multilateral dialogues. For instance, at other side are apt to deepen the ASEAN Regional Forum on Illegal, misunderstanding and the conflict”. Unregulated and Unreported (IUU) Nonetheless, after the implementation of Fishing held in Bali, Arif Havas this unilateral movement, not to mention Oegroseno, Deputy Minister for Maritime all the incidents between state apparatus Sovereignty, Coordinating Ministry of regarding IUU Fishing law enforcement, Maritime Affairs of the Republic of the relationship between Indonesia- Indonesia, highlighted the possible Vietnam is far from hostile condition. An measures to address the issue. Countries interview with a mid-level diplomatic in the region should ratify the Port State staff from The Ministry of Foreign Affairs Measures Agreement (PSMA) and its of the Republic of Indonesia confirm this provisions should be promoted and statement “It is true, our firm policy did adopted as regional norms. Regional not exacerbate Indonesia-Vietnam instruments should also be established bilateral relations. Moreover, in 2017, with focus on combating the IUU fishing, Indonesia and Vietnam had undergone an enhancing coordination and information improvement of both states defence sharing, as well as building cooperation in bilateral cooperation”. This event also law enforcement (ARF workshop, 2016). publicly records by credible media: At the same forum, the delegation As Indonesia-Vietnam relations of Vietnam conveyed a statement have developed over the highlighting its national efforts and years……. Recent defence dialogues have focused on perspective on IUU Fishing. One further steps to implement important aspect emphasized is that their memorandum of Vietnam has fulfilled its diligence and understanding inked in 2010, obligation to combat IUU Fishing by efforts to develop defence ties undertaking specific measures to prevent, more generally including joint deter, and eliminate IUU Fishing. The exercises, dialogues, and implementation occurs in form of military equipment, and means educating fishermen not to conduct IUU to better manage challenges, Fishing in other states’ waters (ARF including the treatment of Workshop, 2016). ASEAN Security fishermen amid some recent community, in this view, play its role as an agent of socialization and social arena Journal of ASEAN Studies 171

to resolve common problem in the region Tuan, support this paper point of view through a set of community practices. that under difficult time both countries uphold the primacy of regional peace, In this case, Indonesia’s unilateral security and stability "ASEAN is very movement through discursive practices important for Vietnam and Indonesia and within the system was projected as a we see the great role of Indonesia in common problem for Vietnam. This strengthening ASEAN cooperation," condition constructs a “We Feelings” and (Antara News, 2018). Therefore, this paper alleviate mistrust among actors. This prudently claims that Indonesia-Vietnam situation displayed through Vietnam relations post “Sink the Vessels” policy is delegation statement “Vietnam also guided under the framework of complex underscored its willingness to cooperate systems. The Indonesia-Vietnam with other countries, because it too is a cooperation to tackle the problem stems victim of IUU Fishing conducted by primarily from each country’s interest, foreign vessels (ARF Workshop, 2016). role-expectation of others, and the symbol This statement was further reinforced by associated with them. Thus, the Vietnamese National Assembly and had construction of inter-subjective meanings passed the revised Law on Fisheries, to develop shared understanding, including new features to strengthen identity, and interest which mutually illegal unreported unregulated (IUU) constitutes as non-material aspects that fishing fight (Fis.com, 2017). This affect their relations could maintain the constructive measure followed with a anarchy situation and even eliminate the recent Vietnam’s national effort to tackle possibility of security dilemma. IUU Fishing through implementing national action plan to prevent, mitigate The Role of Symbol System to Tackle the and abolish illegal, unreported and Rising Tension Between Indonesia- unregulated (IUU) fishing until 2025 Vietnam (Vietnamnews.vn, 2018). The approach of The next explanation to reinforce the two countries that emphasizes this article proposition toward Indonesia- constructive dialogue in understanding Vietnam peaceful diplomatic conduct post the problems that occur, reinforces our to STV policy stand on the symbol- opinion that through habituation in the oriented behaviour that developed within practice of community at the international symbol system as a common ground level, it can encourage peaceful inquiry in between both countries. In this context, the event of conflict between members of constructivist International Relations the international community. Certainly, scholars already saturated with the this is possible because of the linkages discourse about the primacy of norms as within the system, where both countries ideational matters that govern state-state interact as social units continuously. The relations, especially when it comes to recent statement by Vietnamese ASEAN countries. One of them, Amitav Ambassador to Indonesia Hong Anh 172 The Unbreakable Relations between Indonesia-Vietnam

Acharya (2009) shows that the members of is increasing from US$ 3044 Million to US$ ASEAN have generally adhered to one of 4962 Million (SIPRI, 2018). Nonetheless, the core diplomatic norms enshrined in its under this condition, Indonesia’s STV constitutional documents, the non-use of policy did not trigger security dilemma force in intra-mural relations, during a between Indonesia-Vietnam. To put it thirty-year period: 1967–97. This is the clear, this article strengthening Deutsch’s main basic norm that enfold bilateral proposition that within security relations among members in ASEAN, community military build-ups between including Indonesia-Vietnam in our case. members did not automatically lead to At this point, norms are beneficial to competition and security dilemma. coordinate values among states and History reveals itself, Southeast Asian societies. countries have managed interstate disputes short of armed conflict and In this context, Indonesia-Vietnam developed peaceful settlement of disputes (Both are ASEAN members) adherence to through consultation and dialogue. To the non-use of force in intra-mural that extent, despite intra-mural squabbles relations as the core diplomatic norms and differences, Indonesia-Vietnam could help them to negate the perception diplomatic step to tackle the problem of threats against each other, even reinforcing the fact that norms matter in counteract the misperception of their shaping solution between conflicting increasing military capacity as a countries. preparation of war. Considering Indonesia-Vietnam military build-ups, The recent clash between two both countries experienced increased countries state apparatus and how the military expenditure in the last 10 years. backlash can be managed is a perfect Since arms races usually emerge as an example of the way norms could help impact of threat perception that elevate states to coordinate values among states security dilemma among the conflicting and societies. The incident in Natuna countries, the increase of military occurred when the ministry's patrol boat expenditure can create a detrimental effect Hiu Macan intercepted five foreign fishing because it could be perceived as vessels from Vietnam that had trespassed preliminary sign as some organized into Indonesian EEZ in Natuna. At the preparations for war. same time, the Vietnamese Coast Guard boat demanded those boats to be released According to the data from (Republika.co, 2017). The incident led to a Stockholm International Peace Research collision and sinking of a Vietnamese Institute (SIPRI), military expenditure in fishing boat. Around 44 fishermen jumped Indonesia increased from US$ 3722 into the sea and were later rescued by the Million in 2009 to 7911 USD Million in Vietnamese Coast Guard. 2017. Whereas, in similar timeline with Indonesia, Vietnam’s military expenditure Journal of ASEAN Studies 173

For ASEAN members States, the between two countries. Then, the two norm of non-use of forces to settle dispute sides agreed to accelerate the is not something new. How Indonesia- establishment of a hotline on fishing and Vietnam handle the clash between them in sea-related issues, while actively this problem stands for this norm, to coordinating to implement the joint tackle the possibility for the incident communiqué on voluntary international endangering Indonesia-Vietnam bilateral cooperation against illegal, unreported relations, the Indonesian and Vietnamese and unregulated (IUU) fishing signed last governments have diplomatically agreed month. Also, the two leaders welcomed to solve the Natuna incident that occurred the progress in the demarcation of the in Indonesia's Exclusive Economic Zone exclusive economic zones (EEZ) between (EEZ) in May 21, as stated by Marine the two countries after 11 rounds of Affairs and Fishery Ministry's Secretary, negotiations and consented to work General Rifki Effendi Hardijanto. harder for a solution suitable for both Responding this incident in a conducive sides and in line with international law and cooperative manner, Indonesia and (vietnamnews.vn, 2018). The constructive Vietnam have carried out a joint way between Indonesia-Vietnam to investigation to settle the incident, which manage IUU Fishing as maritime security according to Indonesian authorities, the threats that endangering their bilateral Vietnamese coast guard has tried to relations is a solid proved that both forcibly free five fishing boats and their countries shared common visions and crew detained in waters near the Natuna committed to increasing cooperation and Islands (Reuters.com, 2017). coordination at international forums, especially within the frameworks of Moreover, during Prime Minister ASEAN. Nguyen Xuan Phuc diplomatic visit to discussed about opportunity to elevate Conclusion cooperation between the two countries to This article explained that lately new heights, bringing tangible benefits to Indonesia and Vietnam relations has been their peoples. Apart from bilateral tested over IUU Fishing activity. The agreement for facilitating market access tension started from Indonesia’s firm between two countries, in order to aiming policy to destroy hundreds of vessels, bilateral trade on amount of US$10 billion. mostly Vietnam origins. Authors reach PM Phuc also thanked the Indonesian the conclusion by answering question of Government for the return of 177 how could Indonesia’s foreign policy Vietnamese fishermen arrested and action did not further aggravated detained in Indonesia, proposing both Indonesia-Vietnam relations post “Sink sides regularly exchange information and the Vessels” policy? The answer to this handle the issue of arrested fishermen and intriguing question is derived from our fishing vessels in a humanitarian spirit core argument that the rising tension and in accordance with the good relations 174 The Unbreakable Relations between Indonesia-Vietnam

between Indonesia – Vietnam post “Sink recognised as an intellectual figure who the Vessels” policy took place within brought systems approach and systems complex systems that connecting philosophy in studying social and political Indonesia-Vietnam as actors in science in Indonesia intellectual milieu. international politics. Which has His research interest includes Systems developed a long-term habit of peaceful approach, Systems Philosophy, interaction and ruled out the use of force Indonesian Political System, and in settling disputes. Our analysis shows Indonesian Democracy. E-mail: that based on interest system, role- [email protected]. expectation system, and symbol system, Arry Bainus is Associate Professor Indonesia-Vietnam determined their in Department of International Relations, national interest. Meanwhile, the symbol Universitas Padjadjaran, Indonesia. system practically, influence by symbol Currently, Arry Bainus serves as Vice system at the larger social unit which is Rector I for Academic Affairs and Student ASEAN. Both of them, within complex Affairs Universitas Padjadjaran. E-mail: systems, contribute as an agent of [email protected]. [Scopus ID] 57192382311. socialisation to respond problematic situation among ASEAN countries Indra Kusumawardhana is through community practices. Thus, our lecturer at Department of International systematic description about Indonesia- Relations, Universitas Pertamina, Jakarta. Vietnam dynamic relations post unilateral He is Doctorate candidate at Universitas movement by Indonesia exposes that Padjadjaran, Bandung, Indonesia. E-mail: Indonesia-Vietnam cooperation to tackle [email protected]. [Orcid] the problem stems primarily from each https://orcid.org/0000-0002-8801-7506. country’s interest behaviour, role- expectation behaviour, and symbols References associated with them. Therefore, the Acharya, A. (2009). Constructing a security construction of inter-subjective meanings community in Southeast Asia: to develop shared understanding, ASEAN and the problem of regional identity, and interest which mutually order. New York: Routledge. constitutes as non-material aspects that affect their relations could manage Al Birra, F. (2017). Hiu Macan Tangkap 13 anarchy and even escape the security Kapal Vietnam di Laut Natuna. dilemma. Jawa Pos. Retrieved May 8, 2017 from About the Author http://www.jawapos.com/read/201 Rusadi Kantaprawira is Professor 7/03/24/118350/hiu-macan- of International Relations at Bakrie tangkap-13-kapal-vietnam-di-laut- University who has expertise in natuna. Indonesian Political System. He is well Journal of ASEAN Studies 175

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