Exploring Legal Complexity: Indonesia's Struggle to Maintain National Integration Amid Rising Tensions in the South China Sea Conflict

( Aninda Nugrah Uthamy - 2023)

Airlangga University • Law ( Undergraduate )

Introduction 

      The South China Sea conflict is one of the hottest territorial disputes in the world today, involving China, the Philippines, Vietnam, Malaysia, Brunei and Taiwan. These disputes primarily center around overlapping territorial claims, natural resource exploration rights, and maritime security in the region. 

The South China Sea conflict is one of the biggest challenges in diplomacy and security in the Asia Pacific region. Indonesia, as the largest archipelagic countryin the world, has strategic interests and is closely related to this issue, both directly a indirectly. The South China Sea conflict has roots in the long history of the region, includingChina's historical claims to much of the area based on historical arguments, as well as claims from neighboring countries based on the principles of international maritime law.

International Legal Framework 

Pinterest/David Serna

1. Principles of International Maritime Law : Indonesia emphasizes the importance of the principles of international maritime law, especially the principles of freedom of navigation, the right of innocent passage, and dispute resolution based on international law. Indonesia emphasized that the resolution of the South China Sea dispute must comply with the provisionsof UNCLOS 1982.

2. UNCLOS 1982 : As a party that signed and ratified UNCLOS 1982, Indonesia supports the useof this legal framework in resolving maritime disputes. Indonesia expects all parties involved torespect and comply with UNCLOS provisions, including in the context of the South China Sea conflict.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the most relevant international legal framework in resolving the South China Sea dispute. UNCLOSestablished basic principles such as the exclusive economic zone (EEZ), the continental shelf,and freedom of navigation. Each country involved in the conflict has different claims and demands for territory and resources in the South China Sea. For example, China claims almost the entire South China Sea region based on historical arguments, while ASEAN countries suchas the Philippines and Vietnam emphasize their rights based on UNCLOS.