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Indonesia Needs New Maritime Approach in the Sea of Natuna Island

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The Indonesian Coast Guard wards off a foreign fishing boat in the North Natuna Sea on Feb. 24, 2019. (Photo courtesy of the Maritime Affairs and Fisheries Ministry)

The Indonesia-China conflict in the sea of the Natuna Islands Exclusive Economic Zone (EEZ) which was recently reportedly massively was not new. A similar event had occurred in March 2016, after eight Chinese fishermen were arrested by the Ministry of Maritime Affairs and Fisheries Unit 11 Shark Boat officers. And the response made by the Chinese government at that time was similar. PRC still feels innocent because it considers Natuna sea as a traditional fishing location for a long time.In other words, the land is claimed as part of the U-shaped South China Sea area (known as the Nine-Dash Line). The area was declared by China in 1947. Therefore, the Chinese fishing vessels finally seemed to be shaking in and out even though Indonesia’s claim on the Natuna Islands EEZ was based on the UN Convention on the Law of the Sea (UNCLOS).

Actually, the maritime border agreement which covers continental shelf, territorial sea, and exclusive economic zone with neighboring countries and the international community is not yet complete. Indonesia and Malaysia signed the establishment of continental shelf boundaries in November 1969. The approval for the establishment of Indonesian and Vietnamese continental shelf boundaries was signed in June 2013. Indonesia jurisdictional maps issued by the Indonesian Navy Hydrographic and Oceanographic Center shows that the EEZ boundary line (Exclusive Economic Zone) with Vietnam and Malaysia on the Natuna sea border many still need agreement. In EEZ – as the name implies – a country’s sovereign rights are limited and exclusive to economic rights, such as the exploration of marine resources, or oil and gas under the sea. Other countries, even including countries that do not have sea borders (land locked states) have certain access to the EEZ such as the rights of peaceful crossing vessels and flying in the sky above, laying cables and pipes under the sea, with regard to (shall have due regards) rights other countries’ rights

According to the Law of the Sea Convention, in the event of a dispute in EEZ, the settlement is not based on the jurisdiction and legal point of view of the state of EE jurisdiction, but on the principle of equality. This is by taking into account other relevant matters for the parties to the dispute and the international community as a whole. It should be noted in the Law of the Sea Convention that governing EEZ is in Chapter V whose templates constitute the sovereign rights of coastal states, and restrictions on those rights against other countries.

While the rights of an island nation are placed in Chapter IV whose templates include regulating the rights of other countries in waters in an island nation (such as the right to navigate peacefully and to fly, in a designated path). Malaysia, Vietnam, Thailand and China are coastal countries, while Indonesia is an archipelago. Considering the loosening of these rights, it is very important that a country that has EEZ jurisdiction as Indonesia proves to the international community the EEZ’s tenure and effective management capabilities. This includes maintaining and upholding their rights. It is not enough if a patrol boat or airplane is just circling around.

The problem, Natuna Island is not directly connected to China Sea. That’s why Indonesia is not the first and direct actor in South China Sea dispute. It is understandable that the act of China which claims to have the right or even territory over the territory in the South China Sea has long infuriated ASEAN countries, but not for Natuna. Malaysia brought violations and unilateral Chinese claims to the South China Sea to the United Nations. The proposal was submitted by the Malaysian government in mid-December. Earlier, in 2016, the Permanent Court of Arbitration (PCA) under the auspices of the United Nations won the Philippines against China’s unilateral claim to the South China sea area. But China never show even just a little bit of respect to Philippines in South China Sea

The PCA court, which based its decision on the 1982 UNCLOS, ruled China had violated Philippine sovereign rights. The Nine Dash Line used as the reason for China were declared not to meet international legal requirements, and there is no historical evidence that China controls and controls resources in the South China Sea. However, the Chinese government did not accept the ruling. Another ASEAN country, Vietnam, is also involved in regional conflicts with China in the South China Sea.

Apart from the legal aspects of the South China Sea and Natuna ZEE, the real theft of fish by Chinese vessels has been going on for a long time but only now has wide attention. China really acts like a legal master of Natuna Sea and in many times show the bullying moves. That’s why the government of Indonesia needs new ways to improve the management of marine resources while improving the capabilities of maritime operations. The country’s geostrategic complexity, which consists of thousands of islands and comprises three Indonesian Archipelagic Sea Lanes areas and is open to international parties, requires the reliability of military operations. Especially those related to maritime interception operations. The operation must be carried out in any waters, both in the Republic of Indonesia and outside.

Maritime operations require the reliability of the maritime security infrastructure and renewal of sea defense doctrine that puts forward intelligence and technology aspects. The maritime intelligence field must be improved so as to achieve strong surveillance capabilities. The world situation demands Indonesia be able to realize its sophisticated maritime intelligence capabilities. Maritime intelligence is a part of strategic intelligence in an effort to ensure national stability and efforts for sensing the strategic environment both at home and abroad.

Maritime intelligence focuses on its activities related to the maritime field or that influences the maritime capabilities of foreign countries and the country itself. National intelligence capacity and posture should be directed to strengthen maritime intelligence capabilities. No more sectarian intelligence operations, that is, those that limit the security and sectoral dimensions. For example, the Navy (Navy) no longer limits to naval intelligence, but more broadly namely maritime intelligence that is able to provide strategic information to national maritime institutions. Such as the Ministry of Maritime Affairs and Fisheries, the Ministry of Transportation, the Ministry of Energy and Mineral Resources, the Ministry of Tourism, the Ministry of Environment, Customs and Police.

For this reason, the urgency of building a number of base infrastructure and facilities for maintaining warships is inevitable. The infrastructure is primarily to support the effectiveness of the third Fleet Command Headquarters located in Sorong, West Papua. During this time the Navy’s combat strength still relies on two regional fleets, namely west (Armabar), and east (Armatim). The number of warships owned by the Indonesian Navy is only 151 units (on the process of increasing). In fact, the number of Indonesian warships in the 1960s amounted to 162 ships.

The fleet command system tasked with fostering the ability of the Integrated Armed Weapon System (IAWS) consisting of warships, aircraft, marines and bases should be more synergized with other agencies that also manage the sea area. The capabilities of marine warfare and the readiness of marine operations at this time should be able to turn into non-war operations that support the enforcement of sovereignty and law at sea, and secure economic potential at sea.

The next important task is to form a reliable national system of marine inspectors with three important aspects. First, the informative aspect. The system must provide complete information about national marine conditions, both in terms of marine resources, water conditions, weather, important events at sea (accidents and incidents), signs of sea navigation that are very helpful for sailing ships, and all information about the sea the other. Second, integrative aspects. The overlapping of infrastructure procurement and installation of supervision equipment between departments can be overcome, so that there are savings in the state budget.

Because the amount of equipment or systems built do not collide in terms of coverage in an area or system and its functions. In addition, with interoperability solutions, the problem of intermittent owner of equipment along the critical strait, such as the Malacca Strait can be integrated. Third, is the collaborative aspect. This is more focused on the status of data exchanged. For example, data to eradicate Illegal Unregulated and Unreported Fishing Fishing such as fishing vessel lines (position, speed, heading), including Owner, Company Identity, Ship size, fishing gear type, permit expiration date, then log book database (fish species, location), marine biology parameter data (chlorophyll, upwelling), and boundary data. So in short, permanent strategic synergy is needed between the three institutions that have been the main managers of the national marine system, namely the Ministry of Maritime Affairs and Fisheries, the Navy, and the Director General of Sea Transportation  of the Ministry of Transportation.

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Justice for Indonesia’s Sea Sand Export Policy: Deprivation of Environmental Rights

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Image source: tempo.co

July 28, 2022, was a historic day as the UN General Assembly approved a resolution stating that everyone has the right to a clean, healthy, and sustainable environment (UN, 2022). The declaration expresses consensus on the recognition of the right to a healthy environment, that the right to a clean, healthy, and sustainable environment is a human right that must be fulfilled by countries around the world. In simple terms, this declaration recognizes the harmony of human life with nature.

The Declaration is a leap forward by providing a normative space that both guarantees and gives hope for the improvement of non-human conditions that affect human beings as a human right. The Declaration provides affirmation for governments to promote, protect, and fulfill this right to the environment. It creates space for greater justice and opportunities for environmental advocacy, as well as demands for greater accountability of relevant actors (Andersen, 2022).

However, the fight for the right to a healthy environment has been severely challenged in developing countries. This is mainly due to the focus on economic development, even if it neglects the environmental issue. Cleared forests, polluted water, air pollution, and so on are detrimental to local communities. People are losing the sources of livelihood that they once had. There is a deprivation of rights there (Purnomo, 2014). This is even more worrying after the issuance of Government Regulation (Peraturan Presiden) No. 26/2023, which opens export taps for sea sand (CNBC, 2023). The regulation has become controversial and has caused pro and con reactions. Those in favor of this rule are mainly businesspeople who will benefit and overseas partners who need ocean sand resources.  However, local communities might be directly affected by this policy. This piece doesn’t necessarily argue whether it should support or reject the recent policy. Instead, this piece wants to put more emphasis on the environmental right. Therefore, the question is “What efforts need to be made to ensure the holding of the right to a healthy environment?”

On Eco-Cosmology as World View

Skolimowski in his eco-cosmology shows an interesting way of thinking that when nature becomes a place for all human activities, be it the search for freedom and honor, it is necessary to raise responsibility for humans in instituting justice and sustainability for the universe itself as a place for humans to live (Skolimowski, 1990).

This means there needs to be a conscious reciprocal relationship with nature, thereby raising ecological awareness. This perspective is a renewal of anthropocentrism ideas which previously only focused on humans as the center of the universe. If previously anthropocentric thought stated that nature was a fork and plate (instrumental), then Skolimowski stated that nature is a space for our activities (sanctuary).

Eco-Cosmology Meets Democratic Public Participation

I see the implementation of this view as being in line with democracy, which is a collective decision process, as the best way to encourage human responsibility for the environment. This is especially true for one aspect of democracy, namely public participation. Apart from that, theoretical and practical studies related to public participation are already well established so implementation only needs to adapt to the contours of local culture.

This is because public participation has an urgency to ensure that every policy produced is for the common good, not just for certain parties (Rahma, 2019). By holding public participation, it will provide various benefits such as improving the quality of policies, long-term cost efficiency, building consensus, coordinating implementation, and building trust (Creighton, 2005).

For the benefits of public participation to be achieved, several principles need to be included as guarantees in every policy-making, namely 1) everyone has the right to be involved, 2) public contributions can influence policies, 3) sustainability and communication of interests of all parties, 4) public feedback on participation mechanisms, 5) objective information, 6) intensive discussion space.

Arnstein’s Ladder. Source: Pusat Studi Lingkungan Hidup UGM

The study of public participation is deepened by Arnstein’s eight rungs, which are narrowed down to three rungs: non-participation, tokenism, and citizen power (PSLH, 2022). Simply put, public participation demands two rights: the right to access information and the right to access justice.

Then how is the public participation process in Indonesia’s sea sand export policy?

Unfortunately, this export policy is considered to lack public participation. The existing policy-making process is considered non-transparent (DPR, 2023). The lack of participatory invitation from the government and the lack of access to academic studies as the basis for this policy is a particular concern. The lack of communication of this policy is feared to ignore the ecological impacts that may occur (Kompas, 2023a). Meanwhile, this policy also does not mention the existence of fishermen. In fact, fishermen are the profession closest to the sea, so any changes in the sea will potentially have an impact on these fishermen (Kompas, 2023b). To further worsen the situation, this lack of public participation seems to be an ingrained problem in Indonesia (Rahma, 2018; Afinnas et al, 2022; Putri et al, 2022).

Sea sand export policy does not fulfill the existing principles of public participation

The government’s arbitrary actions in making its policies can also be said to be in the non-participation group or specifically, on the first rung of the ladder, namely manipulation because it occurs despite the government’s claim that this policy has gone through years of in-depth study, yet it is not based on mature and open academic data and analysis (Kompas, 2023c).

Under these conditions, the public can still participate in social movements. The essence of a social movement is that individuals and groups who are not in the power structure join together for some common cause because the only way they can have influence is through their numbers (Innes & Booher, 2000). The community together with NGOs, needs to create a coalition and unite to push for a review of this policy together with the government so that local elements such as the interests of fishermen are discussed with high attention by the government.

The community, on the other hand, should not be silent about this potential betrayal of human rights, but encourage the government to respond to these aspirations through social movements.

As such, this piece advocates for the government to conduct a review of the sea sand export policy. This review needs to involve broad public participation, including fishermen, academics, and environmental organizations. The review also needs to consider the possible ecological and social impacts, and ensure that the policy does not conflict with the right to a healthy environment.

I believe that by conducting a review of the sea sand export policy, the government can ensure that this policy is made transparently, accountable, and in favor of the public interest.

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Golden Visa for Sam Altman: A New Momentum for Indonesia in the Artificial Intelligence Era

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Image source: X @sama

The Government of Indonesia has taken a strategic step in strengthening its position in the global technology arena by announcing the awarding of the Golden Visa to Sam Altman, CEO of OpenAI. This marks Indonesia’s serious commitment to developing technology and innovation, with Altman being the first recipient of Indonesia’s Golden Visa. This visa is awarded as recognition and appreciation for the potential contribution of resources that the holder can bring to Indonesia.

The Golden Visa, which grants a residence permit for 5-10 years, is awarded with the aim of supporting the Indonesian economy. Holders of this visa, like Altman, will receive various benefits, such as priority inspection and service lanes at airports, ease of entry and exit from Indonesia, and extended residence periods. “We roll out the red carpet in return for the resources they can bring to Indonesia,” said the Director-General of Indonesian Immigration, Silmy Karim. This shows that Indonesia is offering significant conveniences and advantages to individuals deemed capable of making substantial contributions to the country.

However, this move raises important questions: What is the real significance of awarding the Golden Visa, and how can Indonesia maximize its benefits to compete with neighbouring countries like Singapore and Thailand on the global stage of technology and innovation? This becomes a crucial point of reflection for Indonesia to formulate effective strategies and policies in leveraging the presence of global technology figures like Altman to accelerate technological and innovative development in Indonesia. Below my point of view, and recommendation as Principal of Indonesia Applied Digital Economy and Regulatory Network (IADERN).

Golden Visa: A Strategic Step Towards the Future of Technology

The awarding of the Golden Visa by Indonesia to Sam Altman, a leading figure in the world of Artificial Intelligence (AI), demonstrates the country’s serious commitment to utilizing AI as a primary driver for its future. It reflects Indonesia’s vision to undergo an economic transformation towards a more knowledge and technology-based economy and to enhance its global competitiveness. AI is expected to bring innovative solutions to address various national challenges and promote efficiency and productivity across various industrial sectors.

Focusing on AI will also drive human resource development and digital infrastructure construction in Indonesia. It prepares the young generation of Indonesia with the skills needed for the digital era and creates new job opportunities in technology-based industries. Moreover, the presence of figures like Altman can open further opportunities for international investment and collaboration, strengthening the innovation and research ecosystem in Indonesia.

With this strategy, Indonesia hopes to not only catch up but also surpass neighbouring countries in the development and application of AI, creating an ecosystem that supports research, development, and entrepreneurship, and ultimately, fostering innovation and creativity throughout society. This is a significant step forward in harnessing the full potential of this technological revolution for the welfare and progress of the nation.

Leveraging Korika’s Strategic Plan

The presence of Sam Altman in Indonesia through the awarding of the Golden Visa can open the door for concrete collaboration with OpenAI to achieve the goals of the Strategic Plan (Renstra) created by the Committee for Artificial Intelligence Research and Innovation (Korika), which is an entity tasked with overseeing and guiding the development of Artificial Intelligence (AI).  Here are some concrete steps that can be taken:

Establishment of a Joint Research Center:

Indonesia can collaborate with OpenAI to establish a joint research center focusing on AI development. This center can serve as a hub for joint research, new technology development, and innovation in the field of AI, involving researchers from Indonesia and OpenAI.

Training and Talent Development Programs:

Collaboration with OpenAI can include the development of training and education programs to enhance the skills and knowledge of Indonesian professionals and researchers in AI. This can include workshops, courses, and other training programs designed to build local capacity in AI.

Development of AI Applications and Solutions:

OpenAI and Indonesia can collaborate to develop AI applications and solutions that can be applied to various industrial sectors in Indonesia, such as health, education, and agriculture, to address local challenges and promote innovation.

Knowledge and Technology Exchange:

This collaboration can facilitate the exchange of knowledge, technology, and best practices between Indonesia and OpenAI, enabling the transfer of the latest technology and knowledge in the field of AI.

Funding and Investment in AI Research:

OpenAI can play a role in supporting AI research and development in Indonesia through research funding, scholarships, and investments in local AI startups and initiatives.

Development of AI Ecosystem:

Collaborating with OpenAI can assist Indonesia in building a strong and sustainable AI ecosystem, promoting entrepreneurship, innovation, and the development of AI communities.

Competing on the AI Innovation Stage: Indonesia, Singapore, and Thailand

Singapore and Thailand have established themselves as centers of innovation and technology in Southeast Asia. With strong national strategies, Singapore has successfully attracted various global technology companies. Meanwhile, Thailand, through its “Thailand 4.0” initiative, has placed significant emphasis on digitization and innovation. Both countries have set high standards in technology and innovation development in the region.

However, Indonesia, with the step of granting Golden Visa to Sam Altman, CEO of OpenAI, is showing its ambition and readiness to enter this competition. This move is part of Indonesia’s effort to leverage the potential of Korika’s strategic plan and forge collaboration with OpenAI, hoping to position itself as a regional leader in Artificial Intelligence (AI). Indonesia offers a unique combination of a large market, quality talent, and government commitment to innovation and technology development. Indonesia, with its large population and dynamic market, has the potential to be a living laboratory for the development and implementation of AI solutions.

This creates opportunities to attract companies and investors from around the world to test and implement their technologies in Indonesia. Thus, the country can leverage its position to develop innovative and impactful AI solutions that directly address local challenges and needs, positioning itself as a leader in the development of socially and economically impactful AI applications.

 To strengthen this position, Indonesia needs to focus on developing and attracting high-quality AI talent. By drawing expertise from both domestic and foreign sources, Indonesia can become a prime destination for AI research and development, complementing the existing expertise in Singapore and Thailand.

Additionally, establishing research and development institutions focused on AI technology and innovation, and collaborating with international institutions like OpenAI, will enhance Indonesia’s AI research and innovation capacity. With an integrated and coordinated strategy, Indonesia can not only compete but also complement the successes of Singapore and Thailand, creating a dynamic and inclusive AI innovation ecosystem in the Southeast Asian region.

Conclusion

The granting of the Golden Visa to Sam Altman is not just a symbol of Indonesia’s commitment to technology and innovation but also a strategic step in leveraging momentum to strengthen the country’s position on the global stage. By leveraging Korika’s strategic plan and collaborating with industry leaders like OpenAI, Indonesia has the opportunity to not only catch up but also surpass its neighbours in the race towards an AI-dominated future.

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ASEAN Summit 2023: Shaping Southeast Asia’s Future and Beyond

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The 43rd ASEAN Summit held in Jakarta from September 5th to 7th, 2023, carries profound implications for the future of Southeast Asia and the broader Indo-Pacific region. As I reflect on the outcomes of this summit, it is evident that ASEAN has reaffirmed its role as a vital regional player and a catalyst for cooperation and progress. The theme “ASEAN Matters: Epicentrum of Growth” encapsulates the essence of this summit. It underscores that ASEAN is not merely a geographical region but a dynamic force at the heart of growth and development in the Indo-Pacific. This theme reflects a vision of ASEAN that is forward-looking, ambitious, and committed to addressing the multifaceted challenges of our times. The adoption of the ASEAN Concord IV, a comprehensive blueprint for ASEAN’s future, is a testament to the organization’s resolve. It emphasizes the importance of security, economic growth, and a broader regional role. It is noteworthy that ASEAN is not content with maintaining the status quo; instead, it seeks to shape the evolving dynamics of the Indo-Pacific, placing itself at the center of growth and stability.

   Addressing security concerns within the region is paramount. The commitment to combating illicit drugs, maintaining a Nuclear Weapon-Free Zone, and upholding international maritime law in the South China Sea reflects ASEAN’s dedication to preserving regional stability. In a world marked by geopolitical tensions, these commitments send a clear message that ASEAN is committed to ensuring peace and security within its borders. Economic growth and sustainability are core principles embedded within the ASEAN Concord IV. The emphasis on balanced growth, economic disparities, innovation, and environmental sustainability demonstrates a commitment to the well-being of all ASEAN citizens. It recognizes that economic progress must be inclusive and sustainable to truly benefit the entire region. ASEAN’s expanding regional role, as outlined in the ASEAN Outlook on the Indo-Pacific (AOIP), is a significant development. It acknowledges the organization’s potential to influence the broader geopolitical landscape. By emphasizing the importance of international law and mechanisms for resolving regional disputes, ASEAN positions itself as a responsible and proactive player in the Indo-Pacific region.

   The Myanmar crisis presents one of the most pressing challenges in the region. ASEAN’s condemnation of the violence and its commitment to the Five-Point Consensus, along with the Troika mechanism, reflect a united front to address this complex issue. While the path to resolution is challenging, ASEAN’s engagement sends a strong message that it is actively working toward a peaceful resolution. The gesture of welcoming Timor-Leste into the ASEAN family signifies an expansion of the organization’s influence. While details are yet to be finalized, this move reflects ASEAN’s willingness to embrace new members and deepen its regional engagement. The decision to elevate the ASEAN Secretariat to the status of the ASEAN Headquarters is a step towards enhancing the organization’s effectiveness. It reflects a recognition that a strong and centralized institution is essential for the successful implementation of ASEAN’s goals. Global engagement is also a key aspect of ASEAN’s vision. The organization’s concern for the Middle East conflict and its support for a two-state solution demonstrate a commitment to peace and stability beyond its immediate region. This reflects ASEAN’s aspiration to contribute positively to global affairs.

   The 43rd ASEAN Summit in Jakarta has positioned ASEAN as a central force for unity, cooperation, and progress in Southeast Asia and the Indo-Pacific. The adoption of the ASEAN Concord IV and the various commitments made during the summit reflect a vision of ASEAN that is forward-thinking, proactive, and committed to addressing regional and global challenges. As we move forward, it is crucial to recognize that ASEAN’s role extends beyond regional boundaries. It is a beacon of hope for collaborative and inclusive growth, a promoter of peace and security, and a responsible global player. In a world characterized by uncertainty, ASEAN’s resilience and determination offer a promising path for a better future not only for its member states but for the entire Indo-Pacific region and the world. The outcomes of the 43rd ASEAN Summit demonstrate that the organization’s principles, when translated into action, can shape the course of regional and global affairs, making it a cornerstone of stability and progress in the 21st century.

  Beyond what has been discussed, the outcomes of the 43rd ASEAN Summit also shed light on several crucial aspects that warrant further examination in the realm of International Relations. One such aspect is the commitment to upholding international maritime law in the South China Sea. This commitment underscores the importance of maritime security and the complex web of territorial disputes in the region. It invites students and scholars of international relations to explore the intricate dynamics of maritime sovereignty, the role of international law, and the implications of these disputes on regional stability.  Moreover, the ASEAN Concord IV’s emphasis on innovation resonates with the growing relevance of technology and innovation in global affairs. It encourages a deeper exploration of how technological advancements impact international relations, from cybersecurity challenges to the transformative potential of artificial intelligence. Understanding the nexus between technology and diplomacy becomes increasingly vital in an era of rapid technological change. The adoption of the Troika mechanism as part of the response to the Myanmar crisis offers a practical example of conflict resolution mechanisms within regional organizations. It invites students to analyze the effectiveness of such mechanisms and their potential application in other regional conflicts. The study of conflict resolution strategies is a fundamental component of international relations research and education. Furthermore, the summit’s focus on environmental sustainability aligns with the global discourse on climate change and ecological preservation. Students can delve into the implications of regional organizations like ASEAN engaging in environmental issues and the role they can play in advancing global environmental agendas, including the Paris Agreement. The potential expansion of ASEAN to include Timor-Leste prompts discussions on the dynamics of regional integration and the prerequisites for membership. It encourages students to explore the criteria and processes for joining regional organizations and the implications for both existing members and the prospective entrant. Such inquiries are central to the study of regionalism in international relations.

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