Indonesia's Foreign Policy toward The South China Sea Dispute

To maintain peace and stability in the South China Sea, the Foreign Ministers of ASEAN member countries issued the ASEAN Declaration on the South China Sea which was signed in Manila on 22 July 1992. The principles contained in this declaration, among others, emphasized the need for peaceful settlement of disputes, and encourage exploration of cooperation related to the safety of maritime navigation and communication; protection of the marine environment; search and rescue coordination; efforts to combat piracy at sea and armed robbery and the illicit trade in drugs.

Ten years later, together with China, ASEAN issued a Declaration on Conduct of the Parties in the South China Sea (DOC) which was signed in Phnom Penh, Cambodia, on 4 November 2002. This declaration contained commitments from ASEAN member countries and China to adhere to the principles of principles of international law, respecting freedom of navigation in the South China Sea, resolving disputes peacefully, and refraining from actions that could escalate conflict. The DOC is a guideline for action for ASEAN member countries and China in maintaining peace and stability in disputed areas in a spirit of cooperation and mutual trust.

In 2011 during the 44th AMM/PMC/18th ARF (ASEAN Regional Forum) Meeting, in Bali, China and ASEAN succeeded in agreeing on the Guidelines for the Implementation of the DOC (Declaration on Conduct of the Parties in the South China Sea). The success of the agreement on these Guidelines, since the signing of the DOC on November 4 2002, in Phnom Penh, Cambodia, is a "major breakthrough" as well as one of the "major achievements" during Indonesia's chairmanship for ASEAN in 2011. The agreement opens opportunities for implementation efforts DOC through the implementation of cooperation activities or projects between ASEAN and China in the South China Sea region and for the commencement of preliminary discussions regarding the establishment of a regional Code of Conduct in the South China Sea (CoC) which will function as an operational preventive measure and aims to regulate state behavior effectively.

In 2012, addressing differences of opinion in addressing the situation in the South China Sea, the Indonesian Minister of Foreign Affairs on 18-19 July 2012 conducted intensive approaches and consultations (shuttle diplomacy) with ASEAN Foreign Ministers regarding a common position. These efforts resulted in the agreement of ASEAN's Six Point Principles on the South China Sea on July 20, 2012. The document contains the following principles:

1. The full implementation of the Declaration on the Conduct of Parties in the South China Sea (2002);
2. The Guidelines for the Implementation of the Declaration on the Conduct of Parties in the South China Sea (2011);
3. The early conclusion of a Regional Code of Conduct in the South China Sea;
4. The full respect of the universally recognized principles of International Law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS);
5. The continued exercise of self-restraint and non-use of force by all parties; and
6. The peaceful resolution of disputes, in accordance with universally recognized principles of International Law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

During a visit to Tokyo in 2015, Indonesia's president Joko Widodo publicly rejected China's so-called nine-dash or U-shaped line claim in the South China Sea. Yet shortly thereafter in Beijing, he also agreed with Chinese president Xi Jinping that Indonesia's "global maritime fulcrum" (poros maritim dunia) concept is complementary to China's 21st Century Maritime Silk Road.

In 2016 ASEAN-China agreed to implement the Code for Unplanned Encounters at Sea (CUES) and establish a Guideline for the Implementation of the "Hotline Communication" as direct communication between high-ranking officials of the Ministries of Foreign Affairs of ASEAN countries to deal with emergency incidents in the South China Sea.

Indonesian Foreign Minister Retno Marsudi stated that ASEAN hopes that with CUES and Hotline Communication, the situation in the South China Sea can be more conducive, managed properly, and unwanted incidents can be avoided. CUES and Hotline Communication are documents resulting from the Summit Commemorating the 25th Anniversary of ASEAN-China Relations agreed upon by the leaders of ASEAN countries. CUES and Hotline Communication are initial achievements towards finalizing the Code of Conduct (CoC) in the South China Sea. CUES in the South China Sea has been enforced since 2014, but at the 2016 ASEAN-China Summit, the agreement was strengthened by the existence of more detailed safety and communication procedures, as well as respect for freedom of navigation and open flight.

Indonesia since 1990 has also initiated workshop activities aimed at managing potential conflicts in the South China Sea. The Workshop on Managing Potential Conflicts in the South China Sea was first held on 22-24 January 1990 in Bali. The workshop does not only involve the government but also the private sector and academics. The Workshop is regularly attended by individuals from Southeast Asian countries as well as China and Chinese Taipei and is often followed up with various technical training programs under various maritime issues. This dialogue, which is held every year, has consistently served as a forum for dialogue and cooperation in various projects as a means of building mutual understanding to achieve common goals in a peaceful, stable, and prosperous South China Sea region.

Indonesia, in particular the Ministry of Foreign Affairs in collaboration with the Geospatial Information Agency (BIG) has provided good offices by again acting as the Organizing Committee for the 31st Workshop on Managing Potential Conflict in the South China Sea on 23-24 August 2022. The 2022 workshop was enriched with presentations from experts who focused on the issue of sea level rise accompanied by land subsidence in coastal areas in the region. The 31st workshop also noted the following proposals for organizing technical training:

1. Indonesia: Seminar on capacity building in addressing the impacts of sea level rise;
2. PRC: Ecosystem-based maritime governance training and joint blue carbon studies;
3. Chinese Taipei: Ocean Network Education Workshop;
4. Vietnam: Research on the resilience of coral reefs to human activities and climate change

 The workshop on managing potential conflicts in the South China Sea had produced positive and tangible achievements. The first is regarding climate and environment which includes cooperation in handling marine pollution, increasing marine protection and conservation, as well as monitoring sea level changes and sea tides. Second, science and technology through various marine scientific research works, marine and geoscience databases, as well as cooperation in the field of marine information technology. And third, economics and development which includes assessment of fishery stocks, development of sustainable islands, and geotourism.

Along with Indonesia's position as chair of ASEAN in 2023, Indonesia emphasized that it would make significant progress in completing the CoC. To follow up on this, Indonesia held the 38th ASEAN-China Joint Working Group meeting on the Implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC), which was held in Jakarta, Indonesia from 8 to 10 March 2023. During the meeting, China and ASEAN countries continue to advance consultations on the text of the Code of Conduct in the South China Sea (COC) and conduct in-depth exchanges of views on DOC implementation and maritime practices.