Batas Lautan Pulau Kalimantan: Understanding the Maritime Borders of Borneo

Introduction

Borneo is the third-largest island in the world, shared by three sovereign nations: Indonesia, Malaysia, and Brunei. Its strategic location in the South China Sea makes it an important crossroad for maritime transportation and economic activities. Due to the overlapping claims among the neighboring countries, the delimitation of the maritime boundaries in the region has become a contentious issue. In this article, we will focus on the Batas Lautan Pulau Kalimantan, the maritime borders that Indonesia shares with its neighbors on the island of Kalimantan.

What is Batas Lautan Pulau Kalimantan?

Batas Lautan Pulau Kalimantan, or BLPK, refers to the maritime boundaries of Indonesia in the western part of Borneo island. It covers an area of approximately 270,000 square kilometers and stretches from the Natuna Islands in the north to the Celebes Sea in the south. The BLPK is crucial for Indonesia’s economic growth, as it provides access to rich oil and gas reserves and important shipping routes.

Historical Background

Indonesia’s claim over the BLPK is based on the archipelagic doctrine, which recognizes the country’s sovereignty over the waters enclosed by its islands and archipelagos. This principle was first enshrined in the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, to which Indonesia is a party. According to UNCLOS, an archipelagic state like Indonesia can draw straight baselines connecting the outermost points of its islands and regroup them into archipelagic baselines. The waters enclosed by the archipelagic baselines are considered as internal waters, subject to the full sovereignty of the coastal state. The archipelagic state also has the right to establish the width of its territorial sea, contiguous zone, and exclusive economic zone (EEZ) based on the UNCLOS formula.

Indonesia enacted its archipelagic law in 1983, which defined the archipelagic baselines of the country and declared the BLPK as its internal waters and archipelagic waters. However, not all of Indonesia’s neighbors accepted this claim. Malaysia and Brunei objected to Indonesia’s perceived extension of its EEZ into the southern part of the South China Sea, which they claimed as their own territory. In 2002, the three countries signed a joint declaration, stating that they would resolve their maritime boundaries in a peaceful and consistent manner.

The Delimitation of BLPK with Malaysia

Indonesia and Malaysia have overlapping claims in the Celebes Sea and the southern part of the South China Sea, including the Ambalat block, a disputed area believed to contain significant oil and gas reserves. In 2005, the two countries concluded a memorandum of understanding (MoU) on the delimitation of their maritime boundaries in the Ambalat area. Under the MoU, Indonesia recognized Malaysia’s territorial sovereignty over the disputed area while Malaysia acknowledged Indonesia’s EEZ entitlements in the surrounding waters. Indonesia also agreed to drop its claim on Pulau Ligitan and Pulau Sipadan, two small islands that were awarded to Malaysia by the International Court of Justice (ICJ) in 2002.

However, the delimitation of the BLPK with Malaysia remains unfinished, as the two sides have yet to agree on the exact location of their maritime boundaries in the Celebes Sea and other parts of the South China Sea. In 2019, Indonesia filed a case with the ICJ, seeking to determine the maritime boundary between the two countries in the northern part of the Ambalat area. Malaysia has not responded to the case yet, as it maintains that it prefers to resolve the issue bilaterally.

The Delimitation of BLPK with Brunei

Indonesia and Brunei also have overlapping claims in the South China Sea, particularly in the area around Pulau Laut and Pulau Sebatik. The two countries initiated talks on the delimitation of their maritime boundaries in 2009 and have held several rounds of negotiations since then. In 2014, they signed an MoU on the provisional arrangements for cooperation in the fisheries sector in their overlapping EEZs.

The parties reached a breakthrough in 2019, when they agreed on the delimitation of their maritime boundaries in the Ambalat block and the area to the northwest of Pulau Laut. Under the agreement, Indonesia will receive a larger portion of the Ambalat block, while Brunei will get a greater share of the area to the north of Pulau Laut. The two sides pledged to finalize the demarcation of their maritime boundaries in the remaining parts of the BLPK as soon as possible.

FAQs

1. What is the archipelagic doctrine?

The archipelagic doctrine is a legal principle that recognizes the sovereign rights of an archipelagic state over the waters enclosed by its islands and archipelagos. It allows the coastal state to draw straight baselines connecting the outermost points of its islands and regroup them into archipelagic baselines. The waters enclosed by the archipelagic baselines are considered as internal waters, subject to the full sovereignty of the coastal state.

2. What is the UNCLOS?

The United Nations Convention on the Law of the Sea (UNCLOS) is a treaty that establishes the legal framework for all activities concerning the world’s oceans and seas, including navigation, resource exploitation, and environmental protection. It was adopted in 1982 and has been ratified by 168 states, including Indonesia, Malaysia, and Brunei.

3. What is the significance of the BLPK for Indonesia?

The BLPK is crucial for Indonesia’s economic growth, as it provides access to rich oil and gas reserves and important shipping routes. The maritime boundary also determines Indonesia’s EEZ entitlements, which enable the country to exercise exclusive rights over the exploration and exploitation of marine resources within the area.

4. What is the current status of the delimitation of the BLPK?

The delimitation of the BLPK with Malaysia remains unfinished, as the two sides have yet to agree on the exact location of their maritime boundaries in the Celebes Sea and other parts of the South China Sea. In 2019, Indonesia filed a case with the ICJ, seeking to determine the maritime boundary between the two countries in the northern part of the Ambalat area. Malaysia has not responded to the case yet, as it maintains that it prefers to resolve the issue bilaterally. The delimitation of the BLPK with Brunei has made some progress, as the two sides signed an MoU on the provisional arrangements for cooperation in the fisheries sector in 2014 and reached a partial agreement on the delimitation of their maritime boundaries in 2019.

Conclusion

The delimitation of the maritime boundaries in the BLPK is a complex and sensitive issue that involves multiple legal, historical, and political factors. Despite the challenges, Indonesia, Malaysia, and Brunei have shown a willingness to engage in dialogue and negotiation to resolve their differences in a peaceful and constructive manner. As the maritime security and economic integration of the region become more important, it is essential for the neighboring countries to work together to ensure the sustainable development and prosperity of Borneo and its surrounding waters.