Indonesia’s recent accord with China to collaboratively develop maritime resources in proximity to the Natuna Islands has drawn significant criticism, being denounced as a “profound miscalculation.” Experts have warned that such an agreement could potentially undermine Indonesia’s territorial rights and confer legitimacy to China’s extensive claims in the South China Sea
During the recent official state visit to China by the newly inaugurated Indonesian President Prabowo Subianto , both the nations formalized a Memorandum of Understanding stressing on plans for joint maritime development. While the memorandum very diplomatically removed certain specific references to energy collaboration,Aristyo Rizka Darmawan – a lecturer in international law at the University of Indonesia, stated his concerns, underscoring the potential peril inherent in Indonesia’s endorsement of a document that implicitly acknowledges the overlapping claims of both the nations.
“Indonesia has continued to maintain a firm position over the preceding decade, affirming that no overlapping territorial claims exist with China…but this statement does introduce ambiguities”, he remarked, indicating that Indonesia is steering away from its national strategic interests..This development could have reverberating implications on the ongoing negotiations between ASEAN & China over a Code of Conduct for the controversial waterway.
Indonesia’s Foreign Ministry clarified it’s stance through a statement issued on Monday, emphasizing that it doesn’t recognise the territorial claims of China in the South China Sea,despite having signed a collaborative maritime development agreement. “Indonesia reaffirms that such claims lack any concrete foundation in international law”, the statement clarified. The cooperative agreement does not impinge upon Indonesia’s sovereignty, sovereign entitlements, or its jurisdiction over the North Natuna Sea.”
In a corresponding response, Beijing reaffirmed its adherence to the pivotal accords underscored within the joint declaration. China’s sovereignty claims and related sea rights are deeply rooted in an extensive historical continuum & are in accordance with International law and practice. Evan Laksmana – a senior fellow specialising in South East Asian military modernization at the International Institute for Strategic Studies, remarked that the joint declaration marks an unprecedented moment in which Indonesia has, whether inadvertently or implicitly acknowledged the overlapping territorial claims with China.“This development could lend legitimacy to certain assertions by China that are regarded as unlawful concerning segments of the waters adjacent to Indonesia,” he noted.
He further elaborated that if China were to leverage a joint statement, co-signed by Indonesia, that subtly recognizes overlapping territorial claims, it would present a substantial diplomatic and strategic challenge for Jakarta
“If future delimitation negotiations or another tribunal proceeding were to arise, such a statement could become a complicating factor,as China might then present it as evidence that Indonesia implicitly acknowledged the existence of overlapping territorial claims”, he remarked. Even if the foreign ministry has clarified , reversing the implications of such a declaration could be an insurmountable task.
