By W.T.R
South China Sea region covers the waters and lands from group of two big islands, Spratly Island and Paracels Island. Due to its wide expanse of territory and the history of the successive mastery, nowadays, some countries like People Republic of China (PRC), Taiwan, Vietnam, Philippines, and Brunei Darussalam, involved in the confrontative efforts to make the claim upon some of or the entire South China Sea region. Indonesia, the country who are not make the claim upon the said region become involved after the absolute claim from PRC upon the waters of South China Sea in 2012.
South China Sea is a strategic waters territorial that rich in natural resources. The conflict between nations that involved in ownership claim upon the islands over there (claimant states) has been going on for 5 decades give or take. The potential of recourses in South China Sea has been revealed recently, where the Paracel Island and Spratly Island possess massive natural resources reserve, especially mineral, crude oil dan natural gas. PRC Government itself highly optimistic with the potential of its natural resources through the ongoing research. Based on the report from Energy Information Administration of America (EIA), PRC estimates there are crude oil reserves in the amount of 213 billion barrels or approximately 10 times bigger than national reserves of the United States of America (USA). EIA confirms, the biggest natural resource reserves in that Islands come from natural gas which has been calculated approximately around 900 trillion cubic feet, equals with the crude oil reserves of Qatar.
Beside that, waters of South China Sea region are the main route of shipping and possess massive potential of transmigration fishes such as tuna. Dispute regarding the ownership or the territorial sovereignty in the South China Sea in fact refer to the region of its waters and lands (group of Paracel and Spratly Islands). In both of island group lie an inhabited island, atoll, or corrals island. The territory that become the arena of struggle to claim its territorial sovereignty stretches for hundreds of miles from south to eastern of Hainan Province. PRC states their claim came from 2000 years ago, when the Paracel and Spratly region have become the part of PRC. According to PRC government, in 1947, PRC government released a map detailing the PRC’s sovereignty claims upon South China Sea region. Along with one-sided claims from PRC, other ASEAN countries like Vietnam, Philippines, Malaysia, and Brunei Darussalam expressed similar opinions.
Claims from ASEAN countries is based on UNCLOS 1982 in accordance with Exclusive Economic Zone. Whereas, PRC’s claim is based on nine dash line, the history that it possesses. Show of force and aggressive & provocative maneuver and even, open conflict in South China Sea Region keeps going until now. And the possibility of the emergence of wide-open armed conflicts still lives with high intensity (high intensity conflict), if the permanent conflict resolution failed to find, considering the magnitude of the interest of both the claimant and non-claiming states, and interference from countries outside the region
The escalation in South China Sea region is based on PRC disobedient towards UNCLOS 1982 and the massive expansion of PRC in South China Sea region with the development of infrastructures and military facility in the Spratly and Paracel island group. Such actions received negative response from South China Sea claimant states and the USA, thus making the South China Sea situation not favourable. Centre for Strategic and International Studies (CSIS) reveal the pictures from satellite image that shows development of PRC military base.
Indonesia’s Key Role
The South China Sea issue closely related with ASEAN, since some of the claimant states are mostly the member of ASEAN like Philippines, Vietnam, Malaysia, and Brunei Darussalam. On the eve of the issuance of the decision of the Arbitral Tribunal, PRC has conducted systematic and massive campaign to gain supports due to its position that rejected the Arbitral Tribunal. Indonesia views the 2015 Arbitral Tribunal decision on the jurisdiction as a middle path that should be agreed by each claimant states, in which:
- The dispute is not a matter of sovereignty or maritime border delimitation, but rather a matter of interpretation of the UNCLOS articles;
- PRC has given its approval to the Tribunal settlement mechanism at the time PRC ratified the UNCLOS. Based on UNCLOS, each country is obliged and agree to one of UNCLOS dispute settlement mechanism and in this case, PRC has chosen the Arbitral Tribunal;
- In a matter of sovereignty shall be settled through direct negotiation by the disputing parties, however, it should be emphasized that the lawsuit in the Tribunal is not a matter of sovereignty
- The decision of Tribunal shall clarify the multiple interpretations regarding the related articles. Indonesia is not a claimant state.
Under the leadership of President Joko Widodo Indonesia’s approach towards South China Sea dispute has changed from active player approach that seeking peaceful settlement upon the broader dispute to an approach that focuses primarily on protecting its interests without creating a dispute with PRC. Indonesia’s involvement in dispute settlement of South China Sea conflict focusses on Preamble of the 1945 Constitution, as the 4th paragraph stated “…to contribute to the establishment of a world order based on freedom, abiding peace and social justice…”
Indonesia plays the most important role in the process in settling this dispute. Indonesia’s strategic role has been practiced on 1990 where Indonesia held a workshop with the title of Workshop on Management of Potential Conflict in the South China Sea and on 1992, Indonesia initiated ASEAN+China. In the 2002 in Cambodia, Indonesia as the initiator of the establishment of Declaration on the Conduct of Parties in the South China Sea (DOC) and up until 2019, Indonesia’s Government played an active role in encouraging disputed countries to agree to South China Sea codes of conduct. Based on the interviews result with experts from Ministry of Defence of the Republic of Indonesia, Indonesia is a country that has the potential to play a role in the settlement of South China Sea dispute. Despite of being a powerful country in ASEAN, Indonesia is also important to PRC in the defence, security and economic, among other: (1) as defence partner; (2) as the important factor in maintaining security in Southeast Asia because Indonesia does not have a territorial dispute with China; (3) as partner in fighting non traditional threats; (4) as the partner of investment and trade.
Way Forward
Zero Draft South China Sea Code of Conduct includes five main focuses on the dispute, which include:
- Scope of geographical of the South China Sea;
- The efforts to settling the territorial dispute;
- The obligation to cooperate in the preservation of the maritime environment;
- The role of third parties in the South China Sea; and
- Legal status code of conduct.
The Minister of Foreign Affairs of the Republic of Indonesia said that “The framework of the Code of Conduct has been agreed at the ASEAN-PRC meeting in November 2021.
So far, Indonesia has been very reliable in settling the South China Sea dispute involving ASEAN member countries. Current strategic role from Indonesia is as a security guard state in the Southeast Asia region from the threat of open war in the South China Sea, nevertheless, Indonesia has always been the initiator of negotiations for the settlement of the South China Sea dispute. However, up until now, the South China Sea conflict is not over yet until the South China Sea Code of Conduct is ratified by all claimant states and implemented.
Amicable settlement in the South China Sea region shall be occurred if there is no intervention from outside parties and Indonesia plays an active role in maintaining regional stability, and to get the approval of all claimant states on the Code of Conduct that has been prepared. Another important point is that Indonesia shall maintain good relations with PRC through trade and investment routes, which are currently mutually beneficial to each other.
