Indonesia agreeing on the exclusive economic zone borders with Vietnam. The agreement to determine the EEZ borders was announced by President Jokowi and Vietnamese President Nguyen Xuan Phuc on Thursday (22/12/2022).
By
NINA SUSILO, KRIS MADA
·4 minutes read
KOMPAS/HERU SRI KUMORO
President Joko Widodo and Vietnamese President Nguyen Xuan Phuc walk together in a welcoming ceremony at the Presidential Palace, Bogor, West Java, Thursday (22/12/2022).
BOGOR, KOMPAS — Indonesia's position in the South China Sea can get strengthened after agreeing on the exclusive economic zone (EEZ) borders with Vietnam. This agreement, which is historic for the government of President Joko “Jokowi” Widodo, can also be used by Indonesia as a basis for negotiating with other countries.
The agreement to determine the EEZ borders was announced by President Jokowi and Vietnamese President Nguyen Xuan Phuc on Thursday (22/12/2022) in Bogor, West Java.
"After carrying out intensive negotiations for 12 years, Indonesia and Vietnam have finally concluded negotiations regarding the exclusive economic zone borders of the two countries based on the 1982 UNCLOS," President Jokowi said.
Negotiations on the Indonesia-Vietnam EEZ border began in 2010. During the negotiations, Indonesia emphasized the importance of compliance with the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
After this agreement, it is hoped that there will be no more fish theft and there are no longer any arrests of fishermen, which has happened so far.
"We must give momentum to the cooperation between Vietnam and Indonesia for the good of the people of the two countries. As stated by President Jokowi, we have agreed on negotiations on the EEZ based on international law and the 1982 UNCLOS," President Phuc said.
We must give momentum to the cooperation between Vietnam and Indonesia for the good of the people of the two countries.
Gadjah Mada University geodetic engineering lecturer, I Made Andi Arsana, said the agreement was historic. "This is the first maritime border agreement for Pak Jokowi. [It’s the] first since the launch of the vision of the World Maritime Axis. It's really historic," he said.
The agreement affirms that Indonesia is consistently implementing UNCLOS. Thus, against other countries, Indonesia has more moral capital to uphold sovereignty and sovereign rights based on UNCLOS.
Sovereignty and sovereign rights are indeed different. Sovereignty is the full authority of the state over the territory which includes land, archipelagic waters and territorial sea. The territorial sea is the water area up to 12 nautical miles from the baselines. The national law of the country applies in the territory.
EDNA CAROLINE PATTISINA
Indonesian Maritime Security Agency (Bakamla) ship KN. Pulau Dana – 323 arrested a foreign fishing boat from Vietnam suspected of carrying out illegal fishing activities, in the North Natuna Sea, Sunday (26/7/2020).
Meanwhile, sovereign rights apply outside the territorial sea, such as the EEZ, which can extend up to 200 nautical miles from the baseline. There, a country obtains exclusive rights to utilize natural resources and apply its national law.
Arsana said this agreement was very important for Indonesia and Vietnam. Prior to this, Hanoi-Jakarta had two maritime border issues. The borders of the continental shelf or seabed, which are the rights of Indonesia and Vietnam, were agreed in 2003.
Meanwhile, the EEZ border was just agreed in 2022.
The Hanoi-Jakarta agreement confirms Indonesia's sovereign rights can be upheld anywhere in the South China Sea. "In the future, it will be clear [to determine] whether there was a violation or not," Arsana said.
Recent arrests of fishermen in Indonesian and Vietnamese seas are partly because Hanoi and Jakarta have unilaterally set EEZ borders. Thus, according to Indonesia, a violation of the border does not necessarily have to be approved by Vietnam.
After this agreement, Indonesia and Vietnam can firmly determine the violation of the EEZ border. The Indonesian-Vietnamese apparatus no longer hesitates to take action because the borders are clear.
The determination of the EEZ border also adds to Indonesia-Vietnam's power to claim marine resources in the South China Sea. Hanoi-Jakarta can be more assertive in declaring to other parties the borders of the sovereign rights of the two countries.
Arsana said the agreement also had an impact on Indonesia and Vietnam in dealing with other countries.
Hanoi-Jakarta can declare more firmly to other countries that are considered to have violated the Indonesia-Vietnam EEZ.
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