To Whom Does Indonesia Belong

When Indonesia is mentioned, what is imagined is possibly a nation entity, a state institution, a territory consisting of tens of thousands of islands and an expanse of ocean, or an assemblage of people of around 235 million registered as its citizens.

Out of all of these, the most real and tangible is a group of thousands of islands and the sea, but the number and width is still disputed. This does not include, too, the ability to control and manage the entire contents of its wealth, whether under the earth, in the air or in the sea, our nation is still very weak.

The term and concept of a nation, since the beginning of independence, has been recognized as having serious problems because when Bung Karno and Bung Hatta proclaimed the independence of the Republic of Indonesia, the image of the Indonesian nation itself was not yet clear or intact. What there was, was "the imagined Indonesia", a political ideal that united several hundreds of tribes in the archipelago into the big house of the state of Indonesia. Even the word Indonesia itself is the creation of an expatriate, the connotation of which is a geographical position rather than the name of a nation.

Therefore, Bung Karno and Bung Hatta were not only called to be the proclaimers of independence but also the weavers and founders of the nation. They captured the desire of the archipelago's population to have its own home state and nation, to be sovereign and dignified after dozens and hundreds of years of being humiliated and blackmailed by a colonial power.

In political theory, there is a term known as "social contract", in which citizens hand over their sovereignty to the government for it to create prosperity and security, as well as to educate their offspring. The government, as the receiver of the mandate, is responsible for the trust given by the people in exchange for its agreed upon political authority, facilities and salaries. However, in reality, we became citizens of this state not as a product of voluntary choice and social contract, but rather a historical destiny.

The government may possibly view the power in its hands as the result of it seizing upon a struggle at high cost, so it does not feel guilty when it enjoys state facilities as if they were the result of their hunt. The destiny of Indonesian citizens is similar to other people's diversity, which is generally the product of historical-sociological destiny, not struggle and conscious choice, like someone who becomes a scholar. However, there are still opportunities for people to choose their own religion and citizenship after becoming an adult.

Dispute

There is no agreed theory on which island population has the oldest civilization in this archipelago. The collective memory, which is prominent and binds our social cohesion, is that the archipelagic people want to stand up and be united as a nation that is prosperous, advanced and civilized, free from various forms of oppression and ending social fragmentation based on ethnicity, tribe, religion or social class.

Therefore, even though Indonesia has declared itself to be independent from invaders, as the people see that welfare and prosperity have not materialized equally, they will continue to feel colonized. What has changed is the actors of the invasion and their modus. In fact, through regional elections and general elections, the people always update their social contract to give their sovereignty to the government through political parties, specifically with the expectation that their ideals of freedom can really be realized and felt. The question, which occurs when the regional elections and general elections are over, is whether the political parties are aware of the mandate given by the people and have chosen their best members so that they are able to realize the mandate of the people? At a glance, the portrait of this archipelago has aspects that have not changed over time. Namely, it is always the object of dispute for foreign powers that collaborate with the nation's actors. So, who is the captain who controls Indonesia?

It cannot be denied that there are many foreign powers and cultures that have contributed greatly to moving the archipelagic civilization forward, especially the influence of foreign education and the penetration of religious cultures. Hinduism, Buddhism, Islam and Christianity, all of which were incoming religions, have helped advance the civilization of the archipelago. Now there is another new religion: Confucianism. Interestingly, when religions enter and grow in Indonesia, they become more creative, thereby giving birth to a culture of diversity that is innovative, synthetic and more aesthetically pleasing compared to their place of origin.

Just look at the legacy of Prambanan temple, Borobudur and the Balinese Hindu communities, all of which are more beautiful than in India. The same also happens with Islam in Indonesia, which is richer in cultural dimension compared to that in the Middle East. The dimension of Islamic rituals remains the same and has not changed, but its social dimension is much more creative and richer than in Arab countries. The religion of Christianity for Indonesian Catholics is also the same. They understand far more about Islamic tradition than Christian communities in Europe and the United States because the factor of tribal fraternity helps form a bridge to create a harmonious interfaith and religious relationship. The tradition of Idul Fitri, for example, has become a national culture, not only celebrated by Muslims, and also has significantly strengthened social cohesion and inter-religious tolerance.

Generation of connoisseurs

But when it comes to political and economic solidarity, the picture and its problems are not as beautiful as the cultural aspects. There is no need to study to become an expert in observing the international economy and politics, we can see for ourselves the strength of the network of foreign investment and advanced industrial countries that dominates Indonesian natural resources and market share. Indonesia has the most raw materials needed by industrialized countries, but Indonesia itself finds it difficult to make the leap to become an industrialized country, so we are still only a nation of consumers.

Industrial society has an industrial mentality, which is different from agricultural and fishing communities. They are familiar and very aware of the meaning and function of modern technology to create added value in capitalizing on raw materials and natural resources. Innovation, competition and efficiency are the mantras for industrialized communities to boost their economies. They are conditioned to always be punctual and faithfully guard the process from upstream to downstream, right up to the process of marketing their products. In the marketing world, competition no longer relies on product quality, but on satisfaction and customer loyalty by adding aesthetic values, humanity and spirituality inherent to a product. The culture to serve is one of the elements of an industrialized mentality.

Unfortunately, nearly all the Islamic world is yet to experience the industrial revolution, even though the seeds of modern science, which are the pillars of industry, were initially invented by Muslim scientists in the middle ages. Perhaps only Turkey is relatively advanced in developing industry, a country that does not have oil resources like other Muslim countries. A Muslim county that is familiar with Western influences.

The main economic resources in the Arab world and Indonesia, for example, still depend heavily on the generosity of nature. The agrarian world does not develop, and has not entered the ranks of advanced industrialized countries. Meanwhile, foreign powers aggressively enter as economic players in Indonesia. The cultural ethos and understanding of religion grow but are always touted more as entertainment in the midst of rampant corruption and competition for political power. Borrowing the words of Ibn Khaldun, perhaps the post-45 generation has become trapped in a nation and generation of connoisseurs. A generation that is lazy, corrupt and never seriously carries out its historical mandate, which had been painstakingly built by the freedom fighters and which will, in turn, sink deeper into a generation of destroyers. If this is so, who really is the owner and authority in Indonesia?

by Komaruddin Hidayat

source Kompas, Thursday, July 14, 2016

ASEAN and the South China Sea

Tuesday, July 12, 2016, is an important day for ASEAN because the Permanent Court of Arbitration (PCA) issued a legal edict on the South China Sea. Why is this considered important? The solidity of ASEAN will be tested in responding to this most recent development in the South China Sea.

Facts show that ASEAN failed to issue a joint statement on the South China Sea at the ASEAN Summit in July 2012 in Phnom Penh. In this case, Cambodia, as the ASEAN chair and ASEAN Summit host, played an important role in this failure. This happened because of China's intensive approach toward Cambodia.

A similar incident happened again in the ASEAN-China Special Meeting in Yuxi, Junnan province, held from June 13 to 14. Laos, the new ASEAN chair, and Cambodia, objected to the content of the press communiqué on the South China Sea, thus the document was withdrawn again. This difference in attitude between ASEAN member countries could diminish the concept of ASEAN's centrality in the Southeast Asian region, which is positioned on the platform of the integrity of ASEAN's stance. Therefore, how Laos, as ASEAN chair, handles and manages the ASEAN position in response to the PCA decision, has attracted a lot of global attention.

PCA decision

Whatever decision arrived at by the PCA, presided over by Judge Thomas A Mensh and assisted by four other judges, would certainly be rejected by China. Since its inception, China has shown its basic stance. A verbal note sent by China to the PCA on Aug. 1, 2013, stated that the PCA did not have jurisdiction over problems in the South China Sea and China would reject its decision.

Ouyang Yujing, director general of border and maritime affairs issues, clarified and explained explicitly that Chinese sovereignty over the islands, coral reefs and marine areas in the South China Sea was not determined by an international organization. Therefore, according to Yujing, the PCA had no right to issue any legal edict on the issue of sovereignty and had no right to decide the extent of China's maritime rights.

Meanwhile, Western countries, such as the UK and the US, have urged China to respect and comply with the PCA ruling. China's rejection of the PCA's legal ruling is considered able to undermine the credibility of UNCLOS. Indeed, as admitted by Paul Reichler, a lawyer for the Philippines at the PCA, the PCA is not as strong as the International Court of Justice (ICJ), which has the authority to enforce its legal decisions.

Unlike the ICJ, the PCA does not have the authority set out in Article 94 of the UN Charter, which gives the right to the party being harmed by other parties that are not complying with the court's decision to take the matter to the UN Security Council (UNSC). In turn, the UNSC provides a recommendation or takes the steps necessary to ensure the implementation of the court's decision.

Paul Rechler believes that rising international pressure on China will be able to soften its very stiff stance. Therefore, the reactions of countries other than those in dispute are important because they can have a significant influence.

Meanwhile, the position of China in terms of the PCA is very firm and inflexible. China states that the PCA does not work in accordance with the law and is tarnished by illogical and erroneous matters in implementing evidence, law and procedures. In a telephone conversation with US Secretary of State John Kerry, which was leaked to Beijing People's Daily, Chinese Foreign Minister Wang Yi said that any PCA decision that disregarded the law and facts would itself be not legally binding.

Military exercises

While statements continue to be exchanged by the parties in dispute over the South China Sea, the US and the Philippines are conducting joint military exercises around the Spratly Islands. Several destroyers from the US Seventh Asia Pacific Fleet were moved closer to the Spratly Islands. The US-Philippine joint exercise has been criticized by the Chinese mass media as an effort to militarize the Southeast Asian region inspired by a Cold War mentality.

In response, China is also conducting war games around the Paracel Islands, deploying numbers of war ships to demonstrate its military strength. If this continues, it will exacerbate Sino-American rivalry in Asia, which would have a wider tactical and strategic impact. If this is not properly managed, the situation could change from a fight over legal arguments about the South China Sea into a calculation of military capabilities, which would be dangerous.

China could, at some time, announce an air defense identification zone (ADIZ) over the South China Sea, as has been carried out in the skies over the East China Sea. Or it could build a military base on one of the islands in the South China Sea, which would exacerbate the situation.

The potential tensions in Southeast Asia post-July 12, 2016, according to Hugh White from the Australian National University, would be determined by several things. First, China's willpower to exert its influence and to what extent China was willing to damage the political, security, social, cultural and military landscape that had been organized in Southeast Asia. Second, the willpower of the US in its response to China's determination to play in the Southeast Asian theater. And third, how ASEAN responded to the PCA's legal ruling.

For ASEAN, the problem of the South China Sea is not new. Fourteen years ago, ASEAN succeeded in announcing the ASEAN 2002 Declaration on the Conduct of Parties in the South China Sea (DOC). Despite many criticisms, the DOC has been binding on all parties involved in South China Sea issues, both ASEAN member countries and China, for a set of principles that have become a solid basis for future agreements, such as the willingness to negotiate the Code of Conducts in the South China Sea.

The role of ASEAN

For ASEAN, the South China Sea has a strategic factor. Aside from being a major global economy and energy shipping route, it also provides the sea lanes between the Southeast Asian islands. Therefore, the security and stability of the South China Sea not only constitutes a regional need but is also essential for sustainable development in the region.

The PCA decision to issue a legal ruling on the South China Sea is a challenge for ASEAN. Will ASEAN be able to mobilize its collective agreement to act firmly on the PCA decision? Can the collective agreement achieved in Sunnylands, in February 2016, be repeated as an assertive stance by ASEAN? Or will ASEAN need to move a step backward from an agreement that has already been achieved? Should ASEAN issue a collective statement in line with China's desires? Or is ASEAN ready to meet China's demand to issue no statement at all?

These questions need to be answered by ASEAN to eliminate doubts over its position on the South China Sea. Indeed, not all members of ASEAN are claimant states, only Vietnam, the Philippines, Malaysia and Brunei Darussalam. The other six countries can take the initiative to find solutions that emphasize a peaceful resolution. The responsibility of Laos as ASEAN chair is significant in leading to a collective agreement.

Nevertheless, there are specific factors about Laos. First, Laos is a land-locked state so its approach on maritime issues can be questioned. Second, China is the biggest foreign investment country in Laos and its major trading partner. Third, this year is the 25th anniversary of the ASEAN-China Partnership Dialogue. As ASEAN chair, Laos is trying to successfully commemorate this anniversary. And fourth, US President Barack Obama will hold a bilateral visit to Vientiane at the end of 2016. This will generate great interest in improving relations between the two countries.

The unity and integrity of ASEAN is a major key for ASEAN maneuvers post-July 12, 2016. ASEAN unity will more or less depend on the ability of Laos, as ASEAN chair, to maintain balance and negotiate the interests of big countries in the South China Sea. Nonetheless, there is still an opportunity for Indonesia, as the largest country in ASEAN, to play its role in encouraging the resurgence of ASEAN centrality. As there has been a change in the Philippine's national leadership, Indonesia has the opportunity to encourage a meeting between Chinese president Xi Jinping and the president of the Philippines, Rodrigo Duterte, to conduct a dialog in search of a deal. Rather than being actively involved in any confrontational conflict, it is better for ASEAN to encourage the parties in dispute to conduct a dialogue and cooperate so that it can guarantee the ongoing security and stability of Southeast Asia.

by Makarim Wibisono

source Kompas, Wednesday, July 13, 2016