Indonesia s Delimited Maritime Boundaries

Indonesia s Delimited Maritime Boundaries

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Vivian Louis Forbes Indonesia s Delimited Maritime Boundaries

Vivian Louis Forbes Wuhan University Wuhan, China ISBN 978-3-642-54394-4 ISBN 978-3-642-54395-1 (ebook) DOI 10.1007/978-3-642-54395-1 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014939013 Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Foreword This book deals with a vitally important subject. As the world s largest archipelagic state, Indonesia has an immense maritime domain that encompasses much of the sea between Australia and the Asian mainland. Indonesia is itself made up largely of water. Indonesia s archipelagic and territorial waters together form about three-fifths of the country s sovereign territory. It also has a vast Exclusive Economic Zone in the Pacific and Indian Oceans and the South China Sea. Fishing, the extraction of oil and gas from offshore deposits, and shipping all make important contributions to Indonesia s economy. Indonesia s maritime domain also occupies a central place in the idea of Indonesia as a nation. In keeping with the concept of Wawasan Nusantara, vigorously promoted at various times by governments since the late 1960s, the sea, far from dividing island from island, is seen as forming an integral part of the national territory of Indonesia. It is also important to note the location of this massive maritime space at what Indonesians refer to as the crossroads. A large proportion of the world s trade in oil passes through the Malacca, Sunda, and Lombok straits on its way from the Middle East to East Asia, while the great maritime powers have long had a vital interest in maintaining as much freedom of navigation as possible in Indonesian waters. Finally, of great importance to international relations in this part of the world, Indonesia s maritime domain gives it maritime borders with a multitude of neighbours. Indeed, Indonesia has entered into agreements that define its maritime borders with Malaysia, Singapore, Vietnam, Papua New Guinea, Australia, India, and Thailand. Indonesia s maritime domain, in short, looms large whether we adopt a national, regional, or global perspective. It is for this reason that we need a study that clearly and concisely describes the extent of that domain and the different types of jurisdiction that the Indonesian government exercises within it and examines the issues that remain regarding Indonesia s maritime boundaries. This volume fulfils that need admirably. This book is a revised and updated edition of Indonesia s Maritime Boundaries.A great deal has happened since Viv Forbes published that volume in 1995. To mention just a few events, the Indonesian government designated three archipelagic sea lanes in 1996, it signed an agreement with the Australian government concerning the maritime boundary between Indonesia and Australia in the Timor Sea and Indian v

vi Foreword Ocean in 1997, East Timor became an independent state in 2002, the International Court of Justice awarded Sipadan and Ligatan islands to Malaysia in 2002, the threat global warming poses to Indonesia s spectacular marine environment has become more apparent, and, following the fall of the New Order in 1998, the Indonesian government began a process of decentralization that has given greater autonomy to provinces and districts. All of these events have had major implications as far as Indonesia s maritime domain is concerned and, moreover, have raised questions and tensions that have yet to be resolved. This new edition provides an up-to-date account of all these matters. It also describes the changes that the Indonesian government made to its system of archipelagic baselines in 1998, 2002 and again 2009. Seemingly of little consequence, these changes, which are in keeping with the 1982 United Nations Convention on the Law of the Sea, have in fact helped to expand Indonesia s maritime domain by tens of thousands of square nautical miles. All this and much more we learn from this volume. It is worth reflecting for a moment on Indonesia s history as an archipelagic state. When Prime Minister Juanda declared (the Djuanda Declaration) in December 1957, that all waters surrounding, between and connecting the islands constituting the Indonesian state...are integral parts of the territory of the Indonesian state and, therefore, parts of the internal or national waters which are under the exclusive sovereignty of the Indonesian state, he provoked a storm of protest from most of the major maritime powers. The United States, British, French, Australian, New Zealand, Japanese, and Dutch governments all condemned the declaration is a blatant grab for territory and a flagrant violation of international law. Many of these same governments protested again when the Djuanda Declaration was formally enacted in Law 4 of 1960 the act that first defined the archipelagic baselines analysed in this volume and in 1962 they condemned a regulation requiring foreign warships to notify the government of their intention to pass through Indonesian waters. By the middle of 1977, after prolonged and sometimes bitter negotiations at the third United Nations Conference on the Law of the Sea in which Indonesian diplomats played a major part, the USA and other maritime powers had indicated that they accepted the principle of an archipelagic state as long as they were guaranteed certain freedoms and rights of navigation, but the USA famously refused to sign the convention that came out of these years of negotiation because of its rejection of the regime dealing with deep-seabed mining. As it turned out, most of the other major maritime states did sign the convention. Moreover, the USA finally recognized Indonesia as an archipelagic state in 1988 in the unlikely context of a double taxation agreement. But as this historical sketch indicates, the very notion of an archipelagic state is a recent and hard won concept. It is therefore hardly surprising that so many issues remain to be resolved. From a historical point of view the wonder is that there are not even more. We the readers are most fortunate in our two guides to the complexities of Indonesia s maritime domain. Professor Viv Forbes brings to this book many decades of work as a merchant mariner, cartographer, geographer, consultant on maritime affairs, lecturer, and Map Curator. He has known many of the officials who have taken the lead in formulating Indonesia s maritime policy and negotiating agreements

Foreword vii with its neighbours and over the years he has contributed to countless conferences dealing with maritime issues. Viv Forbes has also produced two atlases, one in 1998 and another in 2008 on Malaysia s maritime space. Both publications, which were co-authored with Hj. Mohd Nizam Basiron illustrate not only maritime space but also marine environment, resources and infrastructure. Having benefited so much from Indonesia s Maritime Boundaries, I am delighted that this dedicated scholar gives us this new edition. I am sure political geographers, historians, and, not least, officials and political leaders dealing with maritime issues will all welcome this authoritative guide to Indonesia s maritime domain. Brisbane, Australia John G. Butcher 30 October 2013 Department of International Business and Asian Studies Griffith University

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Synopsis Indonesia as an archipelagic state has maritime boundaries with as many as nine coastal neighbours; however, it possesses terrestrial boundaries with only three of these States namely, with Timor Leste on Timor Island; with Malaysia on Borneo Island and Sebatik Island; and, with Papua New Guinea on the Island of New Guinea. Indonesia s obligations and rights to determine its international maritime limits is analysed in this study. The study initially defines the geographical extent of the Republic of Indonesia and briefly overviews the cultural, economic, political and social impacts as a result of the delimitation of maritime boundaries. It then analyses the rationale employed by that state in establishing its territorial sea baseline system and undertakes a comparative geographical analysis of Indonesia s delimited maritime boundaries with its immediate neighbours. The study addresses the issues and focuses on the methodology adopted for the determination of single boundary lines that delimit the maritime jurisdiction of Indonesia. It also discusses the multi-line maritime boundaries negotiated by Indonesia with particular reference to the sharing of marine resources in those waters where sovereignty rights have not been fully established. It suggests that the potential for dispute is minimised when a political will exists to determine maritime boundaries in the national interest and demonstrates Indonesia s resolve to negotiate its maritime boundaries as a priority in strategic and economic policies. Models for resolving territorial disputes based on Indonesia s example may have application to other regions. The geographical coordinates of the defined territorial sea archipelagic base points and terminal and turning points utilised in delimiting the boundaries were plotted on large-scale charts. The azimuths and distances between these points were computed. An estimation of the areal extent of Indonesia s maritime space, based on a number of assumptions in earlier studies by the present author is provided below. ix

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Acknowledgments Special thanks are offered to the management and encouragement of the staff of the China Institute for Boundary and Ocean Studies, Wuhan University, for giving me the opportunity to publish this monograph. In addition, I wish to thank Miss Vui Lin Chong of Perth, Western Australia, for assistance in preparing many of the maps and the artwork that has been incorporated, and to CIBOS and the publisher for typesetting of the manuscript and bringing the publication to fruition. I have been encouraged by many individuals and organisations who have supported my research by way of participation in seminars, attending conferences, facilitating workshops and publishing my research papers in books and journals. To all of them, of whom there are too many to name in this limited space, my sincere thanks. Your assistance and encouragement of my research work and scholarly activities is truly appreciated. I offer special thanks to CIBOS, Wuhan University, for giving me the opportunity to utilise their premises and facilities. The academic environment is conducive to research, especially on boundary related matters. 10 December 2013 Professor Dr. Vivian Louis Forbes xi

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Contents 1 The Study in Context... 1 1.1 Introduction........................................ 1 1.2 Archipelagic Concept.... 2 1.3 Geophysical Structure... 3 1.4 Climate Change Concerns for Indonesia................... 6 1.5 Economic and Social Factors... 8 1.6 Legal and Political Challenges... 10 References............................................. 12 2 Legal Framework: Rationale for Maritime Jurisdictional Claims... 13 2.1 Introduction........................................ 13 2.2 The Indonesian Archipelagic Outlook..................... 14 2.3 Maritime Jurisdictional Zones............ 15 2.4 Territorial Sea Baselines............................... 15 2.4.1 Archipelagic Baselines: An Analysis of Article 47 (the 1982 Convention)..... 16 2.4.2 Indonesia s Archipelagic Baselines System of 1960... 19 2.4.3 Subsequent Amendments to the Baseline System..... 21 2.4.4 The 2002 Proclamation.......................... 23 2.5 Determination of a Seabed Boundary..................... 27 2.6 Indonesia s Exclusive Economic Zone... 28 2.7 Legal Limits of the Outer Continental Shelf...... 30 References............................................. 31 3 Indonesia s Delimited Maritime Boundaries... 33 3.1 Introduction........................................ 33 3.2 Indonesia and the Law of the Sea.... 33 3.3 Indonesia and Malaysia...... 40 3.4 Indonesia and Singapore............................... 42 3.5 Indonesia and Papua New Guinea........................ 44 3.5.1 North of New Guinea... 45 3.5.2 South of New Guinea... 46 xiii

xiv Contents 3.5.3 In the Arafura Sea... 46 3.5.4 In the Timor Sea and the Creation of the Gap... 46 3.5.5 An Analysis of the March 1997 Treaty... 52 3.5.6 Issues and Implications... 53 3.5.7 Seabed and Fisheries Resources................... 55 3.5.8 Seabed and Water Column Boundaries..... 55 3.5.9 Implications for the Timor Gap Treaty and Timor Sea Treaty... 56 References............................................. 62 4 Indonesia s Potential Maritime Boundaries... 65 4.1 Maritime Legal, Political and Spatial Concerns and Implications.... 65 4.2 Eastern and Western Approaches to the Straits of Singapore... 67 4.3 North-West Sector of the Sulawesi Sea................... 68 4.4 Claim and Counter-claim over Ambalat... 69 4.5 Batuan Unarang: of What Significance, and to Whom?...... 71 4.5.1 Geographical Location.......................... 71 4.5.2 Deduced Description........................... 71 4.6 The Role of BU.................................... 72 4.7 Maritime Boundary: Single- or Dual-Purpose?... 73 4.8 Potential Maritime Boundary with Timor-Leste.... 74 4.9 Illegal Fishing in Australian Maritime Jurisdiction... 76 4.10 Provisional Fisheries Surveillance and Enforcement Line... 77 4.11 Technical Issues.................................... 80 4.12 Regional Autonomy and Maritime Jurisdictional Challenges... 81 4.12.1 Legislative Empowerment... 83 4.13 Piracy and Armed Robbery...... 84 4.14 Indonesia s Archipelagic Sea Lanes (ASLs)................ 84 4.15 Extended Continental Shelf Claim....................... 86 4.16 Enhancing Cooperation Between Australia and Indonesia.... 88 4.17 Indonesia and China: Potential Maritime Neighbours?........ 90 References............................................. 92 5 Conclusion... 95 Appendices... 99 Bio-data of Vivian Louis Forbes... 261 Bibliography... 263

List of Figures Fig. 1.1 Indonesia: The Archipelagic State and its 33 Propinsis (Provinces)... 4 Fig. 2.1 Indonesia s Archipelagic Baseline System as Proclaimed in Act No. 4, 1960. Note the enclosed Archipelagic Waters depicted by waves in this sketch... 20 Fig. 2.2 Indonesia s Revised Base Points in the vicinity of Timor Island after incorporation of East Timor into the Republic of Indonesia in 1975... 22 Fig. 3.1 Indonesia and Malaysia: Continental Shelf Boundaries in the Malacca Strait and South China Sea, 1969... 41 Fig. 3.2 Indonesia and Malaysia: Territorial Sea Boundary in the Malacca Strait, 1970... 42 Fig. 3.3 Indonesia and Singapore: Territorial Sea Boundary in the Straits of Singapore, 1973... 43 Fig. 3.4 Indonesia and Papua New Guinea: Continental Shelf Boundary off the north coast of New Guinea, 1973... 45 Fig. 3.5 Indonesia and Australia: Seabed Boundary Delimited in the Arafura Sea, 1971. The depicted scale bar represents a length of 200 M... 47 Fig. 3.6 Indonesia and Australia: Seabed Boundary in the Arafura and Timor Seas, the 1989 Zone of Cooperation and the Provisional Fisheries Surveillance and Enforcement Line... 48 Fig. 3.7 Indonesia and Australia: the 1997 Package Deal Delimitation of a suite of Maritime Jurisdictional Lines... 51 Fig. 3.8 Indonesia and Australia: Maritime Boundary to the north of Christmas Island... 52 Fig. 3.9 The Timor Gap Zone of Cooperation... 54 Fig. 3.10 Seabed Profile between Christmas and Java Islands and location of the maritime jurisdictional limits... 55 xv

xvi List of Figures Fig. 3.11 The location of the Joint Petroleum Development Area (JPDA) and the potential lateral boundaries between Indonesia and Timor-Leste... 57 Fig. 3.12 Indonesia and India: seabed boundary in the Andaman Sea... 58 Fig. 3.13 Indonesia and Thailand: seabed boundary in the Andaman Sea..... 59 Fig. 3.14 Indonesia, Malaysia and Thailand: The location of the tri-junction point radiating maritime boundary segments in the Malacca Strait... 60 Fig. 3.15 Indonesia and Vietnam: continental shelf boundary in the South China Sea... 61 Fig. 4.1 Indonesia, Malaysia and Singapore: western approaches to the Straits of Singapore jurisdictional limits to be finalised..... 66 Fig. 4.2 Indonesia, Malaysia and Singapore: eastern approaches to the Straits of Singapore jurisdictional limits to be finalised... 67 Fig. 4.3 Indonesia, Malaysia and the Philippines: archipelagic baselines, unilateral maritime jurisdictional claims and overlapping offshore leases... 68 Fig. 4.4 Revised base points in 2008 off Pulau Sebatik, Sulawesi Sea... 73 Fig. 4.5 Actual and proposed Archipelagic base points for Indonesia in the vicinity of Timor Island... 75 Fig. 4.6 Memorandum of Understanding Box in the Timor Sea.......... 78 Fig. 4.7 Maritime arrangements between Australia and Indonesia in the Timor Sea... 79 Fig. 4.8 Delimited and potential maritime boundaries of Southeast Asian States... 80 Fig. 4.9 Indonesia s Archipelagic baseline system as proclaimed in 2002 and Archipelagic Sea Lanes... 86 Fig. 4.10 Extended continental shelf claim off North-west Sumatra Island... 87 Fig. 4.11 Map given by Australian authorities to Indonesian fishers operating in the Arafura Sea... 89 Fig. 4.12 Map given to Indonesian fishers operating in the Timor Sea...... 89 Fig. 4.13 Location of Incidents in 2009 and 2010 and Indonesia s claimed EEZ boundaries with neighbours... 91 Fig. 4.14 China s 9-dashed line map of the South China Sea... 92

List of Tables Table 1.1 Indonesia and its neighbours: comparative sizes... 5 Table 1.2 Marginal and semi-enclosed Seas of Southeast Asia... 5 Table 1.3 Coastal and marine spatial statistics... 6 Table 1.4 Marine ecosystem and select marine biotic resource statistics... 9 Table 1.5 Exports of oil and gas products, 2011... 10 Table 2.1 Rules for defining archipelagic baselines Article 47 of the 1982 convention and Indonesia s 1960 model... 20 Table 2.2 Indonesian archipelagic baseline reference points (WGS 72).... 23 Table 2.3 Archipelagic baselines: Article 47 of the 1982 convention and the Indonesian model of 2002... 25 Table 2.4 Sections, number of line segments and distances, 2002 model..... 26 Table 2.5 Number of baselines categorised by length of line... 26 Table 2.6 Revised base points off the coast of Pulau Sebatik, Sulawesi Sea... 27 Table 3.1 Indonesia s maritime boundaries lengths (nautical miles)... 34 Table 3.2 Summary of Indonesia s maritime boundary agreements... 35 Table 3.3 Chronology of Indonesia s negotiated maritime boundaries with its neighbours... 35 Table 3.4 Indonesia s maritime boundary agreements: analysis of delimitation methods... 36 Table 3.5 Summary of Indonesia s negotiated boundary by type......... 39 Table 3.6 Geographical coordinates of the turning points of the T.S. boundary... 44 Table 4.1 Proposed base points in the vicinity of Pulau Timor... 75 Table 4.2 Local Geodetic Datum employed within ASEAN... 81 Table 4.3 List of geographical coordinates defining the outer limits of an extended continental shelf in the area of North-west Sumatra... 88 xvii