Indonesia's Foreign Policy toward The South China Sea Dispute

Introduction

The conflict in the South China Sea is one of the problems that has been going on for a long time. Many countries in the Southeast Asian region were involved in the conflict. The conflict tensions escalated when China began to carry out military movements to reinforce the concept of the Nine Dash Line which states China's territorial waters from the Spratly/Paracel Islands to the Natuna Islands, which are currently Indonesian exclusive economic zone.

In recent years, no international maritime dispute has garnered more attention than the contest over the islands, reefs, and waters of the South China Sea. The dispute involves the overlapping claims of six governments to territorial sovereignty and maritime rights, encompasses the main sea lines of communication that connect Southeast Asia with Northeast Asia, covers large fishing grounds and may contain vast reserves of oil and natural gas. In the South China Sea dispute, no state attracts more attention than China because of its expansive claim, past uses of force over islands in these waters and its growing naval capabilities.

South China Sea Conflict and Its Relevance to Indonesia

The South China Sea is a strategic body of water bordering Brunei Darussalam, Malaysia, Indonesia, the Philippines, Singapore, Thailand, Vietnam, and China. As one of the busiest trade routes in the world and home to a wealth of marine and mineral resources, the South China Sea holds great economic and geostrategic importance.

The territorial disputes in the South China Sea place Indonesia's interests at stake, namely the security of the resource-rich Natuna Islands, the sanctity of the United Nations Convention on the Law of the Sea (UNCLOS), the security of sea lines of communication, and nonalignment vis--vis the major powers. The security of the Natuna Islands is Indonesia's immediate concern in the South China Sea. China has never claimed the islands, yet neither has it clarified to Indonesian policymakers the meaning of the U-shaped line. Indonesia rejects the U-shaped line and claims to have neither territorial nor boundary disputes with China. However, Indonesia is increasingly concerned with the potential spillover effects of conflict between China and other claimants because of Beijing's assertive enforcement of the U-shaped line.

The Natuna Islands are scattered across over 100,000 square miles of ocean---more than ten times the size of their total land area---and only 27 out of the 154 islands are inhabited, with a total population of around 76,000 people. Despite the lack of infrastructure, the Natuna Islands are one of Indonesia's richest regencies in offshore natural resources. Fisheries are estimated to yield a potential of 500,000 tons annually, but in reality, the locals manage to haul in only a third of it through traditional methods. Chinese fishermen continually venture south into the fishing grounds around the islands, escorted by Chinese government fishery patrol vessels.

Several incidents have occurred between these vessels and Indonesian maritime authorities while the latter were trying to apprehend illegal Chinese fishermen, including one threatening encounter in which a Chinese government vessel trained its guns on an Indonesian patrol boat. Beneath the seabed also lie vast energy resources. Located within the purported overlap of the U-shaped line, the East Natuna block (block D-Alpha) is estimated to contain one of the world's largest gas reserves at around 46 trillion cubic feet. Indonesia's oil and gas company, Pertamina, in partnerships with U.S.-based ExxonMobil, France's Total SA. In the South China Sea, Indonesia is not involved in territorial disputes, however, tensions in the region have also spilled over into Indonesia's exclusive economic zone (EEZ) in the North Natuna Sea, the southernmost portion of the South China Sea.

Indonesia's foreign policy towards the South China Sea Dispute

In dealing with the South China Sea dispute, Indonesia has made various efforts to find a solution to the dispute for ASEAN member countries as well as China.

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.

During the meeting, China and ASEAN countries also agreed to continue various practical cooperation projects in the field of marine marine scientific research, environmental protection and search and rescue operation at sea, step up dialogue and communication, deepen mutually beneficial cooperation and jointly uphold peace and stability in the South China Sea.

At the 20th ASEAN Chief of Defense Forces Meeting (ACDFM) which took place in Bali, the Government of Indonesia through TNI Commander Yudo Margono announced plans to hold joint military exercises with ASEAN countries next September 2023 in the South China Sea. The joint exercise will later be themed ASEAN Solidity Exercise in Natuna. The material includes maritime security, SAR and social services in the Natuna area. The joint exercise is expected to increase the solidarity of ASEAN countries in maintaining regional stability in the North Natuna region near the South China Sea.

 

Conclusion

Indonesia through ASEAN continues to strive to minimize the potential for increased tension in the South China Sea with various efforts. Starting from various diplomacy efforts, the ASEAN Declaration on the South China Sea, ASEAN's Six Point Principles on the South China Sea, the Code of Conduct (CoC) to the start of the ASEAN country's first military drills in the South China Sea in September 2023. These various steps were taken to reaffirm Indonesia's stance which wants to reinforce the sovereignty of ASEAN countries in the South China Sea region. Even though until now there have been no signs that the South China Sea conflict will end, Indonesia is still trying to resolve this dispute peacefully.

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