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Research Center INTERNATIONAL RELATIONS DIVISION Expertise Agency of DPR RI Gd. Nusantara I Lt. 2 Jl. Jend. Gatot Subroto Jakarta Pusat - 10270 c 5715409 d 5715245 m [email protected] A BRIEF STUDY OF ACTUAL AND STRATEGIC ISSUES Vol.X,II No. 1/I/Puslit/January/2020

ENFORCING ’S SOVEREIGN RIGHT IN THE NORTH NATUNA Humphrey Wangke

7 Abstract Indonesia's sovereign rights in the Indonesian EEZ in the North were recently re-tested when fishing vessels and Coast Guard violated sovereignty in the , mainly through illegal, unreported and unregulated (IUU) fishing. China appears to be testing Indonesia's ability to defend sovereign rights in Indonesian EEZ in the North Natuna Sea. This paper examines how Indonesia should respond to China's actions. Indonesia has summoned China’s Ambassador Xiao Qian to convey a note of strong protest against violations of sovereignty committed by China. Indonesia opposes China's historical claims to the area around the North Natuna Sea as China traditional fishing area. In response to China's actions, the intensity of Indonesia's existence in the region, both fishermen and Coast Guard, must be increased that Indonesia's effective occupation is acknowledged internationally. Diplomacy is also required by inviting ASEAN and China to hold a dialogue on the importance of respecting UNCLOS provisions, including the sovereign rights of a state in the EEZ territorial waters.

Introduction Permanent Court of Arbitration By the end of 2019 (and keeps (PCA) on the Sea going until early 2020), fishing submitted by the . vessels and The Arbitration Court stated that violated sovereignty in Indonesian China had no legal basis to claim (EEZ) in territorial waters in the South the territorial waters of the Sea. However, the Chinese Natuna Sea. It was not the first government did not accept the time China has committed such a verdict. violation. In March 2019, Chinese The United Nations fishing vessels have also entered Convention on the Law of the PUSLIT BKD the same territorial waters, and Sea (UNCLOS) in 1982 gave even there was such thing in 2016. Indonesia the sovereign right to In the future, China potentially utilize natural resources under commits such violation, as it did the Indonesian EEZ without being not acknowledge the verdict of 2016 interfered by other countries. Therefore, Indonesia rejected these countries then adjust it to the Chinese claims in any form in the provisions of UNCLOS. Natuna Sea, as Indonesian EEZ in Nine Dash Line (NDL) the Natuna Sea has been regulated or nine dotted lines is China's in UNCLOS. Conversely, China effort to map its historical claim claimed that the area of which to maritime features and South fishermen and Coast Guard vessels China Sea waters. As a result, passed at Indonesian EEZ is based more than 80 percent of the South on the concept of Nine Dash Line China Sea region belongs to (nine dotted lines) unilaterally China. Oddly enough, this claim set forth by China (without going was not supported by geographic through UNCLOS) and the grounds coordinate data. In contrast to for China to claim Natuna Sea land boundaries that can be waters, even the . marked with physical markers, The lack of common ground such as rivers or ridges, maritime 8 between Indonesia and China boundaries are highly dependent regarding sovereignty in the on geographical coordinates. This Natuna Sea waters is a challenge lack of coordinates makes the NDL for Indonesia, especially on how concept very elastic, depending on to maintain Indonesia’s sovereign who draw the map and the type rights in the Indonesian EEZ in of publication. Its elasticity makes the North Natuna Sea. Through NDL a source of destabilization in this paper, we will briefly analyze the region. how Indonesia should respond In every incident of the to violations committed by China capture of fishermen at Indonesian in Indonesian EEZ in the North EEZ in Natuna, China always Natuna Sea. The basis for rejecting postulates that fishermen are China's claims by UNCLOS was entitled to catch fish in traditional previously reviewed. fishing areas in the territorial waters. Traditional fishing areas Basis for Rejection of China’s are another form of historic rights Claims by UNCLOS that also has no basis in UNCLOS. Indonesia actually has often UNCLOS regulates traditional clashed with China in the South fishing rights, rather than areas, China Sea region as in the incidents which entered into agreements of the capture of Chinese fishing between the granting and granted vessels at Indonesian EEZ. China's countries. Indonesia theoretically claims on the South China Sea and practically has no difficulty waters are based on historical with the concept of traditional rights, which were apparently not fishing rights. Indonesia gave recognized by UNCLOS 1982. In the permission to Malaysian traditional history of the UNCLOS negotiation fishermen to catch fish in Natuna process, China has never submitted Sea waters through the 1982 the claim as other countries have agreement. Traditional fishermen made the claims of their historic from Eastern Indonesia are able to rights. When UNCLOS exactly set catch fish in Australian territorial the width of the maritime zone, waters on Ashmore through a memorandum of understanding Batu Puteh/ between (MOU) 1974. and (ICJ 2008), The Verdict of Arbitration in which features ownership was Court (PCA) of 2016 on the determined based on the principle classification of maritime features of effective occupation. also has a legal impact on other However, this reclamation claimant countries. The disputes in does not confirm the ownership the South China Sea include , claim, as it has done when the corals, rocks and the features features become an object of entitlement of maritime zones. The dispute. The problem is that PCA PCA emphasized that there are no had no device to run the verdict. features in the South China Sea, It is contrast to the International individually or collectively, that Court of Justice (ICJ) that allows are entitled to EEZ and continental the imposition of international 9 base shelf. The maritime zone of sanctions against parties affected features in the South China Sea will by the court's verdict. Nevertheless, not intersect with the far-reaching it does not mean that the PCA Indonesian EEZ. Furthermore, verdict is meaningless. This verdict UNCLOS specifically explained, strengthens Indonesia's position the maritime feature rights to the that does not acknowledge the surrounding territorial waters NDL concept. Indonesia is not are determined based on their directly bound by the 2016 verdict. natural formation. Therefore, the However, Indonesia and China are PCA established that reclamation bound by UNCLOS, which is the changing the natural form of the basis for the verdict. disputed features does not change the maritime zone's allocation of the The Stances That Indonesia features. Shall Take On the other hand, it is China stated that it was indisputable that the reclamation ready to resolve the issue in North carried out by China aims to Natuna Sea waters bilaterally with confirm the claim on these maritime Indonesia. However, according features. It shall be understood to international law expert, that ownership disputes over Hikmahanto Juwana, China's maritime features such as islands, request must be rejected due to corals or rocks are not regulated four considerations. First, if China by UNCLOS. No convention refuses to acknowledge Indonesia's regulates regarding procedures EEZ in the North Natuna Islands, for ownership of coral or rock then Indonesia also shall not hhave islands. It is apparent such in the the need to acknowledge the case of the settlement of Dispute traditional fishing areas of Chinese of the Miangas between the fishermen. Second, Indonesia must Netherlands and the United States be consistent with PCA verdict (Arbitration 1928), Sipadan and in dispute resolution between Ligitan Island between Indonesia China and the Philippines. Third, and Malaysia at the International Indonesia does not acknowledge Court of Justice/ICJ 2002), and the validity of NDL and traditional fishing areas claimed by China. exclusive right to utilize natural Fourth, Indonesia shall not harm resources and implement its the active and independent foreign national law. policy. The potential of fish resources The entry of Chinese fishing in the 711 Management vessels into Indonesian territorial Area of the Republic of Indonesia waters and the protection of the (WPP NRI), which includes the Coast Guard indicate that there Karimata , the Natuna Sea, is an effort to oppose UNCLOS and the South China Sea is highly particularly in relation to EEZ. promising, reaching 767,126 By the underlying basis, it is tons. There is no other choice for appropriate that Indonesia Indonesia other than increasing summoned Xiao Qian, Chinese the empowerment of fishermen Ambassador to Jakarta to express that the potential is not going strong protest to the Chinese wasted. Since 1 December 2019, 10 Government. The sensitivity of the data has been obtained that the South China Sea issue is now no traditional fishermen's catch is only longer related to the issue of China 1 ton per week, less than before with , the Philippines, that could reach 3 tons per week. Darussalam and Malaysia, The decline was in line with the re- but it also concerns with the entry of foreign fishing vessels in national interests of Indonesia. the North Natuna Sea. According Therefore, Indonesian active to Suherman, the Head of the participation in the South China Bandarsyah Fishermen Association Sea in the future should no longer in Bunguran Timur District, that be limited as negotiation mediator if there were no illegal fishing, or facilitator. Indonesia must traditional fishermen in Natuna change its identity to become an could prosper. When they meet the actor involved in a dispute in the illegal fishing vessels, traditional South China Sea and therefore fishermen dare not to approach as must be one of the parties actively the vessels are much bigger and are preventing China from arbitrarily guarded by Coast Guard. extending its territory. Diplomatic Therefore, in dealing with effort through communication fishing vessels and China Coast with ASEAN countries and China Guard at Indonesian EEZ in mutually claiming absolutely must the North Natuna Sea waters, be done. It includes promoting Indonesia must take decisive steps the importance of respecting by advancing law enforcement the UNCLOS provisions. This and more intensive attendance effort was made solely to prevent approach, both patrol boats and worse conflicts from occurring in fishing vessels. Illegal fishing will the South China Sea region. The usually increase in December and diplomacy was also not intended to January, coincide with the onset of renegotiate Indonesia's sovereign the northern wind season. During rights over EEZ extending to 200 this period, traditional fishermen miles from the coastline. As the are normally frightened to go for holder of EEZ Indonesia has the fishing due to high waves, while their vessels are not well-equipped the sovereign right to exploit the with adequate technology, other wealth of natural resources in than that there are no escorting the region without having to be patrol boats. disturbed by other countries. The Consistent with more entry of fishing vessels and China intensive attendance, the budget for Coast Guard in Indonesian EEZ monitoring Indonesian maritime is clearly a violation. In order to area should not be reduced as overcome this case, the intensity it will provide an opportunity of Indonesia's presence in the for outside parties to enter. In region, both fishermen and the 2018 the expenditure budget of Coast Guard must be increased the Directorate of Maritime and so that Indonesia's effective Fisheries Resources Monitoring occupation is internationally reached IDR 816 billion. However, acknowledged. The government 11 in 2019 the budget was reduced to also needs to be encouraged by IDR 616 billion rupiah. The impact the House of Representatives is that the number of days of (DPR) to immediately meet the supervision has decreased from 145 needs of the procurement of Main days to 84 days per year in 2019. Weapon System Equipment of the The government's decision Indonesian National Army, at least in 2017 to name the EEZ in Natuna the Minimum Essential Forces, so Sea waters as the North Natuna Sea that the TNI can provide a little was indeed correct. Unfortunately, deterrence to the China military the change was not accompanied that supports the entry of the Coast by adequate supervision that it Guard and Chinese fishermen. had no impact on the progress of In addition, diplomacy must also diplomacy in the region. It was be pursued by inviting ASEAN likely that the movement of Chinese countries and China to conduct fishing vessels and coast guards dialogues about sovereign rights in the North Natuna Sea is only a over the maritime area regulated by maneuver to attract international UNCLOS. attention. If Indonesian vessels are never found at the location, it is not unlikely that international Reference: support will turn around as China “AS Kecam Intimidasi Tiongkok is considered attending the region. di LCS”, Media Indonesia, 5 Such things had led Sipadan November 2019, hal. 18. and Ligitan to be separated from “Indonesia Akan Lebih Intensif Indonesia. Hadir di Laut Natuna”, Kompas, 7 Januari 2020, hal. 1. “Indonesia eyes response to Closing Chinese activity in Natunas”, Internationally, Indonesian The Jakarta Post,30 Desember EEZ in the North Natuna Sea has 2019, hal. 1. received international recognition “Diplomasi Kapal Perang”, based on the UNCLOS provisions Kompas, 6 Januari 2020, hal. 1. of 1982. Therefore, Indonesia has “Halau Tiongkok, RI Tambah Patroli Natuna”, Media Natuna”, Media Indonesia, 2 Indonesia, 4 Januari 2020, hal. 3. Januari 2020, hal. 1. “Indonesia Tegas Tolak Klaim China”, “Jangan Lembek Jaga Kedaulatan”, Kompas, 4 Januari 2020, hal. 1 Media Indonesia, 5 Januari “Indonesia Tidak Akan Negosiasi 2020, hal. 1. dengan Tiongkok”, Media “Maksimalkan Sistem Inspeksi Indonesia, 6 Januari 2020, hal. 1. Maritim”, Media Indonesia, 6 “Indonesia Tolak Klaim Tiongkok soal Januari 2020, hal. 4.

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Humphrey Wangke [email protected]

Dr. Humphrey Wangke, M.Si. Completed his Bachelor's Degree in International Relations in 1988 at FISIP University of Jember and pursued his Master’s degree in 1998 at the American Studies Program at the University of Indonesia. In 2018 he earned his doctoral degree from Environmental Sciences School (SIL) at the University of Indonesia. Several papers that have been published in journals and books include “Indonesian Diplomacy and the Establishment of Maritime Connectivity (2018)”, “Indonesia- Malaysia Cooperation in Border Management in Kalimantan (2017)”, “Solving the Problem of Illegal Logging through the Implementation of the Model of Partnership Between the TNK Office and the Local Community (The Case Study of Illegal Logging in TNK, East Kalimantan (2017), “The Management of Kutai National Park through the Multi-stakeholder Partnership (2017).”

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