Indonesian President Prabowo Subianto was in China last week, his second visit since winning the Indonesian election. What made this visit so surprising was the joint statement released after the meeting. Among the long list of agreements and cooperation initiatives, there was a paragraph agreeing to joint development in areas of the South China Sea where Beijing and Jakarta have overlapping claims. This is a significant statement which betrays Indonesia’s South China Sea policy over past decades.
By this statement, Indonesia appears to be the first ASEAN member-state to implicitly recognise Beijing’s “nine-dash line” – a set of lines on Chinese maps reflecting Beijing’s claims to areas of the South China Sea - and therefore the first ASEAN country to fall into China’s nine-dash line trap. This is a contradictory and reckless policy, dangerous for Indonesia and for the region.
The Indonesian Ministry of Foreign Affairs has now released a vague statement clarifying that Indonesia still does not recognise China's nine-dash line. However, this contradicts the joint statement and was released unilaterally, while the joint statement was made by Indonesia and China together, so it is possible that China may continue to hold the interpretation presented in the earlier statement.
Ever since China introduced the nine-dash line, Indonesia has firmly rejected it, as it overlaps with Indonesia’s exclusive economic zone, a legitimate claim under the United Nations Convention on the Law of the Sea (UNCLOS). The 2016 South China Sea Tribunal ruling made it clear that China’s nine-dash line claim has no basis under international law. Recognising the claim thus means Indonesia has assented to something that is illegal under international law. Even worse, Indonesia is willing to share its sovereign rights to explore and exploit fisheries and oil with the country making this claim.
By recognising the overlapping claim with China, Indonesia has an obligation to negotiate a maritime boundary. Before this recognition, Indonesia had maritime boundaries with ten states: Australia, Timor-Leste, Papua New Guinea (PNG), Palau, the Philippines, Vietnam, Thailand, Malaysia, Singapore, and India. Geographically, all these countries neighbour Indonesia, meaning that under UNCLOS, Indonesia has a right to negotiate a maritime boundary delimitation either for an exclusive economic zone, continental shelf, or territorial waters.
However, considering China is located far beyond the 200nm-exclusive economic zone and the 350nm-continental shelf, there is no way Indonesia should negotiate a maritime boundary delimitation with China. This is a huge loss for Indonesia’s ability to manage its natural resources.
Recognition of China’s nine-dash line claim also has implications for the ongoing negotiation of the ASEAN-China South China Sea Code of Conduct (CoC). During negotiations for the CoC, Indonesia has made it clear that all claims in the CoC should be based on a legitimate claim under UNCLOS. Therefore, the recent statement seems to betray Indonesia’s own position, upheld by the Foreign Ministry for many years.