Indonesia, South China Sea after PCA Ruling

Since the end of the 1980s, there has been concern about the future surrounding the overlap of claims in the South China Sea.

Though not a claimant, Indonesia will find it hard to turn its back on developments related to the South China Sea. Now, a few years after China has risen and become increasingly assertive in expressing its claim, the concern has become a reality. The concern is focused on the increasing regional tension.

The scope of the potential tension is not just regional, considering extra-regional powers - in this case the US - will not sit quietly watching China's actions. The US has sent its Seventh Fleet warship to the South China Sea, while a P-8 Poseidonreconnaissance aircraft and a B-52 strategic bomber aircraft have also flown to the South China Sea with the pretext of guarding navigation freedom in the area. The development of islands with numerous facilities cannot be accepted by other claimants.

Amid the increasingly fierce war of claims, the Philippines, as one of the claimants, filed an objection at the Permanent Court of Arbitration (PCA) in 2013. On Tuesday (12/7), the court ruled against China's claim on the South China Sea, which is marked by a nine-dash line. The decision was based on the consideration that China's claim did not have any legal basis. The claim, which is based on China's historic rights, fell through because it was not in line with exclusive economic zones as determined by the United Nations.

Following the issuance of the court ruling, a number of countries, especially the Philippines, which feels its area is being breached by China, greeted it with delight. The official stance of the Indonesian government was announced by the foreign minister, who called on all parties to respect the court ruling and prioritize peace. The ministry also urged all parties to maintain stability, practice self-restraint and respect international law, particularly the UN Convention on the 1982 Law of the Sea.

In contrast, China has responded to the court ruling by stating that it will not accept it. Unlike the statement of the court that called the ruling binding (though it does not have the power to apply it), China called the ruling empty and said it does not have binding power.

What is the stance of ASEAN countries in response to China's insistence? Experience from the ASEAN Summit in Phnom Penh in 2012, as well as a special ASEAN-China meeting in Yuxi in June 2016, shows that the response to the South China Sea issue within ASEAN is also problematic.

This is where Indonesia needs to have more bargaining power to negotiate with China, whether for its own interests or to defend the interests of ASEAN countries that are also claimants to the South China Sea.

Source Kompas, Thursday, July 14, 2016