Indonesia has taken over the Chairmanship of ASEAN last year and it must work towards outlining few aspects of ASEAN Community building processes, reinvigorating regional economic integration, and work towards the finalisation of Code of Conduct on South China Sea through multilateral negotiations. The discourse and the urgency related to resolving the South China Sea/ East Sea dispute has been gaining momentum and it would be prudent that ASEAN takes note of the developments and sensitise the international community. In fact, the South China Sea need to be resolved through the 1967 ASEAN Charter to territorial disputes and Indonesia is likely to make efforts related to it.
Indonesia has always tried to maintain its role as the non claimant in the South China Sea dispute. However, it has to deal with Chinese encroachment in Natuna sea in its proximity which has been increasingly seen as Chinese aggressive posture. The island has become a bone of contention since 1993 when China has claimed to maritime claims closer to the Natuna gas field which was rejected by Indonesia. After two years, China has retracted from its claims on Natuna islands but still claimed its sovereign rights on the offshore Natuna gas fields. Chinese fisherman militia have also encroached in these waters much to the dismay of Indonesian navy. Even in the nine-dash line China has claimed that the Exclusive Economic Zone of Indonesia overlaps into its maritime territory. The two sides have not openly discussed these issues of conflict as it would have diluted the main issue related to the six claimants and their rights both in terms of Exclusive Economic Zone and the islands which are lying within South China Sea. Indonesia is expected to play a role of ‘diligent and honest mediator’ with all the claimants. Indonesia has even done diplomacy during the term of Marty Natalegawa to resolve the dispute when the tensions were increasing in South China Sea in 2011.
Over the years Indonesia has adopted a confrontational approach given the increasing assertive postures by China by illegal and unregulated fishing in Indonesian waters. Indonesia has also adopted a more proactive hedging strategy while balancing its ties with both China and US at the same time. US has also helped Indonesia in terms of foreign military aid and also diluted sanctions (imposed because of human rights abuses) against the special forces’ units such as Kopassus. Indonesia has steadfastly maintained during the term of Marty Natalegawa that US should not get involved in the South China Sea dispute. Subsequently, Indonesia has acknowledged that the role of the dialogue partners is critical in resolving the dispute. When Indonesia took the ASEAN chairmanship in 2011 , Indonesia has expressed its openness towards China and hope that the two countries can become ‘good neighbours and good friends’.
In the last five years there has been incidents of Chinese fishing vessels and survey ships openly infringing into Exclusive Economic Zones of Indonesia and other claimant countries. These moves by Chinese fishermen militia have been supported by Chinese Coast Guard vessels. There have been some unpleasant incidents in 2010 and 2013 because of which the Indonesia has adopted stringent policies particularly related to illegal and unregulated fishing. Indonesia with the coming of President Joko Widodo has adopted more stringent line and stressed on the modernisation of Indonesian navy to maintain ‘Minimum Essential Force’. Indonesia has also outrightly rejected the Chinese claim of 9 dash line and stating that it does not have any legal basis. Indonesia also supported the claims made by Vietnam and Malaysia with regard to extended continental shelf and even took note of the 2016 International Court of Justice (ICJ) tribunal judgement related to China- Philippines dispute in South China Sea. ICJ dismissed China’s maritime claims.
In the year 2020 Indonesia has informed the UN that it will be adopting multilateral approach on South China Sea and have declined any bilateral dialogue with China on the issue. Indonesia has steadfastly maintained that the South China Sea issue needs to be defined and resolved on the legal basis with clear maritime borders and has stated that the issue can only be resolved under the regulations put under the 1982 United Nations Convention on the law of the Seas (UNCLOS). Indonesia has also played appropriate active role by providing facilitating platforms and forums for managing potential conflict in the South China Sea under its rubric and has being able to establish a framework to initiate discussions with China on the contentious South China Sea dispute. This initiative which was known as ‘managing potential conflicts in the South China Sea’ has become a regular affair where many experts have discussed issues which are non traditional in nature and promote scientific activities such as marine scientific research, environmental protection, shipping and communication, resource assessment and also undertaking serious confidence building measures. Despite Indonesia’s efforts to bring China onboard there has been a lack of political will while implementing these projects.
About a decade back when Indonesia was the chairman of ASEAN it has been hyperactive in resolving and discussing many of these issues related to South China Sea. The then foreign minister Marty Natalegawa had undertaken intense shuttle diplomacy and tried to engage the claimant countries for intense dialogue. In the recent past Indonesia has strongly resisted Chinese moves to change the status quo in South China Sea and has even apprehended Chinese fishing boats illegally fishing in its waters and have even destroyed them in full public glare. Given the fact that the enhanced defence cooperation between China and Philippines have brought US more seriously into South China Sea, it needs to be seen that how Indonesia will be trying to assess the situation in a new geopolitical configuration.
Indonesia has always acknowledge the fact that impatient move by few of the claimant countries such as China and undermining of the Treaty of Amity And Cooperation (TAC) which was signed in 1976, has complicated the issue. China has time and again stated that it would like to resolve the issue bilaterally but with Indonesia adopting a firm stance and clearly stating that it needs to be resolved under the 1982 United Nations Convention on the Law of the Seas (UNCLOS) and as per the ASEAN multilateral provisions, it has become imperative for countries like China to do course correction. The draft code of conduct which has been under discussions need to be firmed up. For Indonesia it will be critical to bring about the claimants on the one page and discuss the issues threadbare because only then there can be some tangible solution in sight. After Vietnam chairmanship of ASEAN in 2020, the South China Sea issue lost steam but it is hoped that Indonesia would act as a honest mediator to compel China to adhere to standard operating procedure till the issue gets resolved.