ASEAN Chairmanship 2023: Indonesia’s Tendency to Solve the South China Sea Territorial Disputes

June 23, 2023/in ASEAN Notes/by aseansc

On 13 November 2022, the handover of ASEAN chairmanship from Cambodia to Indonesia was held at the ASEAN summit. Adopted the “ASEAN Matters: Epicentrum of Growth” theme, Indonesia is responsible for one year of ASEAN’s chairmanship. At the ASEAN summit, Joko Widodo, the President of Indonesia, said that ASEAN should be a peaceful and stable area and a presenter for global stability (Southgate, 2023). Some agendas should be a concern in Indonesia’s chairmanship. One of those is the issue that ASEAN has always faced: the South China Sea disputes. The conflicting claims of ASEAN’s countries’ sovereignty have worsened the relationship between China and ASEAN. So, how will Indonesia react while connecting the interest of Indonesia’s foreign policy?

Current Status of the Territorial Disputes in The South China Sea

The status of the South China Sea remains uncertain. The claim of ASEAN countries’ seas has been seen as an insult to countries’ sovereignty. Criticization until objection to the nine-dash line as a legal argument by China has been an agenda by ASEAN countries for years. Other countries, such as the United States, have stated their position to object to China’s claim by rejecting the claim of Vietnam, Indonesia, and Malaysia seas (U.S. Department of State, 2020). Other than that, the USA has expressed its concern about how unlawful the claims are and how China has violated international law (U.S. Department of State, 2020).

The tension between ASEAN and China has gradually increased due to this issue. China has increasingly put its efforts into reclaiming the land by expanding the size of the lands, military installations, and ports, especially in the Paracel and Spratly Islands (Center for Preventive Action, 2022). China also has militarized Woody Island with its jet, radar system, and cruise missiles (Center for Preventive Action, 2022). The Philippines, as one of the ASEAN members, has had a long-time dispute and negotiation with China. In reaction to China’s continued incursions into areas of Phillippine-claimed waters in the South China Sea, the Philippines has increased its military presence and gathered U.S. military assistance in the region (Gomez, 2023).

How about Indonesia’s response? The new demarcation exclusive economic zone (EEZ) between Indonesia and Vietnam will resolve the illegal, unreported, and unregulated (IUU) fishing (Strangio, 2022). This demarcation is also seen as an important step in settling maritime disputes in the South China Sea. In its ASEAN chairmanship 2023, Indonesia has also started a code of conduct (COC) for the South China Sea dispute (Reuters, 2023). This negotiation which has been ongoing for over 20 years, tried to be restarted by Indonesia. Even though the claim to proprietorship of territorial waters covers with Indonesian EEZ through the Natuna islands, Indonesia has frequently said that Indonesia is not a part of the South China Sea disputes (Pratama, 2023). Fact that China has sent a letter to stop Indonesia from drilling for oil and gas in Natuna and even sent Coast Guard to monitor it (Reuters, 2020), Indonesia reacted as if it is not an urgent thing. Indonesia responded and rejected the claim under the UNCLOS agreement saying that China’s claim had no legal basis (Reuters, 2020). While this scene happened in 2019, there are no further policies to China’s ego. This Indonesia’s silent treatment has indicated that Indonesia, with its interest in China’s policy, will not likely take serious steps to encounter China’s domination of the South China Sea.

Indonesia’s Current Foreign Policy: Tend to Align with China

A close relationship between China and Indonesia cannot be debated anymore. Under Joko Widodo’s chairmanship, a large investment cooperation called Belt and Road Initiative (BRI) has started. One of the most controversial projects, the Jakarta-Bandung high-speed railway, is under the BRI investment (Fitriani, 2022). Electric vehicles, a lithium battery factory in Morowali, Jatigede dam, and other developments are also under the BRI investment (Fitriani, 2022). Other than that, the mining and energy industries receive the majority of Chinese investment in Indonesia. Indonesia had the most coal-fired power stations developed overseas by Chinese companies as of 2021. Besides, Indonesia and China are also good partners for their food security. The decision of Indonesia to ratify the China Regional Comprehensive Economic Partnership (RCEP) shows satisfaction for China (Rahmat, 2022). The renewing agreement, Bilateral Economic and Trade Cooperation (BETC), that has been expired in April 2021, has also been an agenda of G20 between Indonesia and China (Rahmat, 2022). Based on these facts, it can be concluded that Indonesia’s interest has tended to favor China’s interest.

Even though its principle of foreign policy, “bebas aktif” (independent and active), it is understandable for Indonesia to align with the Asian superpower, China. It is logical and pragmatic because China offers more chances than other major powers and has become the main driver of global economic growth. Since the signing agreement of the Indonesia-China Strategic Partnership in 2005, China has become Indonesia’s largest trading partner. Moreover, China and Indonesia also have the highest import and export growth rates among ASEAN nations. According to the National Bureau of Statistics and China Customs, China and Indonesia’s combined import and export volume climbed from $66.234 billion in 2012 to

$124.57 billion in 2021, with a detail of USD 31.951 billion to USD 63.923 billion, Indonesia exported more goods to China. Other than that, through the China-ASEAN Free Trade Area, this bilateral trade has positively affected the expansion of some export commodities, such as palm oil and coal (Maria, 2022). The fact that both economies are complementary, with China having advantages in manufacturing and technology while Indonesia is rich in agricultural and raw materials, has been seen as a bilateral mutual relationship. In the future years, China’s investment in Indonesia will keep increasing as it becomes a more significant trading partner for Indonesia. Therefore, it makes more sense to accept China’s emergence and work together to counter the challenges it poses than condemning it or excluding it, which will only feed great power rivalries that could jeopardize Indonesian interests in the long run.

During Indonesia’s presidency, ASEAN’s economic recovery from the COVID-19 pandemic and promoting ASEAN’s economic growth will be the main agenda for the 2023 chairmanship (Southgate, 2023). These objectives can be seen in its eight flagship events, of which the Trade Ministry of Indonesia is responsible for four. These four flagship events, The ASEAN Online Sale Day, the ceremony of the RCEP, the launch of the new ASEAN tariff finder, and also the Digital Economy Framework Agreement (DEFA) agreement (ANTARA, 2023), have been seen as a focus on promoting ASEAN’s economic interest and strengthening the regional organization’s relevance in the global arena. These agendas align with Indonesia’s concern about its economic policy and also strengthen its relationship with China.

What is next?

Indonesia’s ignorance of the South China Sea dispute and Indonesia’s foreign policy tendency to China’s cooperation leads the writer to one conclusion: Indonesia will not likely finish the disputes between ASEAN members and China on the chairmanship of ASEAN. The dependency on China will guide Indonesia to enhance its foreign policy on the economy,

rather than solving the South China Sea issue. Despite numerous concerns about the stability of the area, Sulaiman (2019) argues that Indonesia is not developing a coalition to counter China’s expanding dominance in the South China Sea or improving its ability to project power. Indonesia’s interest has fallen into China’s hands. The strategic culture that affects Indonesia’s military and foreign policy thinking on threat perceptions and economic considerations results in under-balancing conduct, which restricts Indonesia’s alternatives in relation to China. China as a state is therefore not regarded as posing a significant, direct, or immediate threat that would require a prompt response and could damage Indonesia’s more significant interests. Moreover, the writer believes that Indonesia maintains its stance in position: Indonesia does not think that the issue is urgent to solve. Indonesia’s government is ignorant enough about the issue and currently does not have any intention to make policies to counter the unilateral recognition. Indonesia also has not been damaged enough to shift its foreign policy for the security of sovereignty. Therefore, Indonesia’s interest in the mutual economic relationship with China has made stagnancy on the issue, even in Indonesia’s year of ASEAN chairmanship.

Through the article, the writer believes that the settlement of South China Sea disputes will remain stagnated, not much different from the chairmanship of Cambodia. The interest between Indonesia and China has gradually strengthened and will obstruct the settlement of the issue, including foreign policy tendencies and economic reasons. Thus, Indonesia should not get swayed by the mutual relationship but view the issue with an objective perspective. The ASEAN region has got threatened enough to create a project power to encounter China’s power. Therefore, Indonesia needs to balance the security danger that China poses in the South China Sea by taking necessary steps, especially in its ASEAN chairmanship in 2023.

About Writer

Jefferson Davids Soasa is an undergraduate in the department of International Relations at Universitas Gadjah Mada.

Bibliography

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Center for Preventive Action. (2022). Territorial Disputes in the South China Sea. Global Conflict Tracker; Global Conflict Tracker. https://www.cfr.org/global-conflict-tracker/conflict/territorial-disputes-south-china-sea

Gomez, J. (2023). Philippines confronts Chinese diplomats over sea disputes. AP NEWS. https://apnews.com/article/china-philippines-south-china-sea-disputes-70ea7983dbf67 b1f9ae5264c6ce9271a

Maria, C. (2022). The Impact of Trade Agreement and War on Specific Indonesia-China Bilateral Trade. Journal of Research on Business and Tourism.

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Reuters. (2020). Indonesia rejects China’s claims over South China Sea. Reuters. https://www.reuters.com/article/us-indonesia-china-southchinasea/indonesia-rejects-c hinas-claims-over-south-china-sea-idUSKBN1Z01RE

Reuters. (2023). ASEAN chair Indonesia to intensify talks on code for South China Sea. Reuters. https://www.reuters.com/world/asia-pacific/asean-chair-indonesia-intensify-talks-code-south-china-sea-2023-02-04/

Southgate, L. (2023). Indonesia’s ASEAN Chairmanship: Promoting ASEAN Relevance in 2023? Thediplomat.com. https://thediplomat.com/2023/01/indonesias-asean-chairmanship-promoting-asean-relevance-in-2023/

Sulaiman, Y. (2019), What Threat? Leadership, Strategic Culture, and Indonesian Foreign Policy in the South China Sea. Asian Politics & Policy, 11: 606-622. https://doi.org/10.1111/aspp.12496

Strangio, S. (2022). After 12 Years, Indonesia and Vietnam Agree on EEZ Boundaries. Thediplomat.com. https://thediplomat.com/2022/12/after-12-years-indonesia-and-vietnam-agree-on-eez- boundaries/

U.S. Department of State. (2020). U.S. Position on Maritime Claims in the South China Sea. United States Department of State. https://2017-2021.state.gov/u-s-position-on-maritime-claims-in-the-south-china-sea/in dex.html

Williams, R. D. (2020). What did the U.S. accomplish with its South China Sea legal statement? Brookings. https://www.brookings.edu/blog/order-from-chaos/2020/07/22/what-did-the-us-accom plish-with-its-south-china-sea-legal-statement/

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In December 2022, the Indonesian government passed a law that penalizes sex outside marriage. This is only one of the many changes in the criminal code that observers warn of the increasing conservatism in the country.

Indonesia houses the largest Muslim population in the world and is also a republic whose democratic experiences and milestones have been widely studied by scholars within and beyond the region. This makes Indonesia a compelling case for reflection on the nexus and tensions between religion and democracy. Is religion compatible with democracy? What opportunities and challenges does the “Islamic Renaissance” entail in the country? Democracy on Religion

Liberal democracy espouses secularism, the separation of church and state, and freedom of religion. In an “ideal” democratic system, the state must not endorse nor support any specific religion while guaranteeing the free exercise of religion among citizens. This is essential in a democracy for many reasons. Religious freedom is a crucial civil right that enhances citizens’ individuality and relations with others. It stops one religion from dominating society, hence promoting diversity and co-existence. At the same time, it prevents policies from being framed according to religious beliefs, which may result in discrimination and repression of fundamental human rights.

Religion and its Tensions with Democracy: The Case of Indonesia

This is particularly important for Indonesia. While the country is predominantly Muslim, Indonesia also has many ethnolinguistic groups with different cultures and practices. It is a challenge in itself to build one nation with an immensely heterogeneous society. The diversity in the country resulted in years of ethnic conflict and violence. Even a religious minority, the Ahmadiyya, faces intimidation and oppression in the exercise of their faith. Indonesia’s dilemma points to the longstanding debate in human rights discourse and practice – are human rights universal, or are they relative to culture and local customs? While I am more inclined to support the former, it is important to be aware and carefully consider the context of a country when designing human rights advocacy and interventions.

However imperfect, the democratization process in Indonesia has assisted in facilitating efforts for reconciliation and balancing competing interests in the country. Recently, the President stunned the world when he acknowledged past grave human rights abuses in the country, including an anti-communist purge in the ’60s and the arrest of democracy activists during the Suharto presidency.

Indonesia sits in between secularism and theocracy. The country’s fundamental law espouses Pancasila, which is the foundational political theory of Indonesia. Through its five principles, Indonesian society believes in one God and aspires to create a just and civilized humanity, unity, democracy, and social justice for all. This tells us that, by principle, Indonesia gives importance to pluralism and citizenship. Scholars and practitioners of the law also adopt legal pluralism and believe that different legal systems are complementary rather than contradictory. For example, community practices and customs are considered along with national and local regulations in settling disputes and conflicts at the village level.

However, in recent years, Indonesia has seen the expanding role of Islam in the country’s social and political life. Aside from Islam being a “source of ethical and cultural guidance”, many Islamic organizations have secured formal power, which allows them to easily introduce measures within the state apparatus that cement their own interests. Hardliner Islamic groups have also proliferated, and fundamentalist thought and practices are becoming more and more widespread. Islamic identity politics have also been evident since Widodo coalesced with conservative Islamic factions and appointed Amin, an influential Islamic figure, as his vice president. The new penal code tends to be more religious than secular. This has implications for Indonesia’s supposed secularism and diversity. How can the Indonesian government best represent the interests and aspirations of all?

As Indonesia continues to modernize and extend its economic and political ascendancy in the region, rapid changes in its social relations and dynamics are also expected. This demands a more careful look at the kind of laws and “social controls” that the government enforces. Suppose conservative forces are forwarding laws in the name of protecting tradition and keeping Indonesian values in check. In that case, it should not be at the expense of fundamental civil and political liberties, nor should it be to repress vulnerable groups even further, such as women, LGBT+, and ethnic communities. Admittedly, this is easier said than done. Hence, political representation must reflect the diversity and vibrance of Indonesian society. If only one group dominates political and policy discourse, it ultimately jeopardizes the general will.

When religion becomes the yardstick for crafting rules and policies, it creates biases, whether intended or not. Propositions that are credible and necessary but “contradictory” to a certain religion may be rejected simply because they do not fit the personal convictions of decision-makers. Integrating religion into politics usually leads to oppressive and harmful policymaking. Religion is also a form of heuristics or cognitive shortcut that devalues deliberation and discussion. Instead of scrutinizing issues, people may resort to using their religion as the sole basis for their position on a particular matter. Democracies ought to be deliberative and pluralistic.

Human rights activists and organizations in Indonesia have sounded the alarm on many changes in the criminal code that could stifle individual freedoms and lead to setbacks in the country’s democratic progress. Aside from banning sex outside marriage, the government also reinstated laws that criminalize insulting the President and other state officials and institutions. They also increased the punishment for blasphemy. These laws can be disproportionately used against individuals and groups with legitimate criticisms and concerns about the government. It may also render already marginalized communities even more vulnerable. Religion, Populism, and Repression

This trend is not only unique to Indonesia. Much of the world has seen the rise of “nationalist” movements, often within the pretext of religion and safeguarding culture. India’s Modi has exhibited Hindu nationalist tendencies, which have meant greater intolerance against the Muslim minority in the country. Myanmar’s Tatmadaw has weaponized Buddhism to rally support from the public and account for its atrocities.

The use of religion to justify repressive and oppressive regimes is apparent. Religion is an effective tool to unify a group of people and subject them to a specific set of beliefs and values, which may be highly prejudiced and absurd. Religion acts as a moral compass that defines what is right and what is wrong. Because religion is subjective, it can easily be manipulated to serve political objectives. Populists and autocrats can bastardize religion to create a public enemy, instill an “us vs them” mentality, and sow further polarization.

Failed democracies thrive out of fear, whether it is real or manufactured. Religion can be a potent force to ingrain this fear. This hysteria against change and modernization is easy to whip up when people already have preexisting beliefs. It is not too difficult to segregate people and label them as the “other”. When this distinction is entrenched, it is convenient to normalize discrimination and violence.

It is said that Indonesia is a model for “Moderate Islam” when compared to the Middle East; the “Indonesian way” can complement Western values and democracy. It also has the potential to correct Islamophobia and promote Islam as a religion of peace. On the other hand, if Indonesia cannot find its balance and condone fundamentalist and hardliner Islamic groups to flourish, Indonesia will certainly regress in its hard-won democratic gains.

Religion has inherent contradictions with democracy. Subscribing to a religion and structuring a supposedly diverse society using its tenets is monopolistic and can bring about intolerance. It is paramount for democracies to ensure that civil, political, and socioeconomic rights are not deprived based on religion and other forms of cleavages. The access and exercise of power should be as widely distributed as possible. Public office should not be limited to certain political clans or religious organizations. For instance, at the village level, cultural and socioeconomic elites must share power and administration with vulnerable and historically marginalized groups. There are more reasons and illustrative cases, present and past, to posit that religion is more of a bane than a boon to democracy. At the moment in world history when (dis)information is fast and instant, we must maintain vigilance in dealing with autocratic agendas in the guise of “respecting” values and tradition. It is easier to believe and conform than to reflect and deliberate. But democracy dies when we rely on shortcuts to define what is good for us. Democracy dies, slowly and deliberately, when we allow a few to sabotage our freedoms and liberties to increase their own. Demagogues and despots are usually cunning and do things “in the name of God”.

REFERENCES

Evans, M. S. (2014). Religion and political decision making. Journal for the Scientific Study of Religion, 53(1), 145–163. http://doi:10.1111/jssr.12088

Evans, T. (2012). Separation of Mosque and State in Indonesia. Policy, 27(4), 35–39.

Głodek, A., & Grzywacz, A. (2020). Indonesia – between religion and democracy, Warsaw: Boym Institute. Retrieved from https://instytutboyma.org/en/indonesia-between-religion-and-democracy

Jaffrey, S. (2020). Is Indonesia Becoming a Two-Tier Democracy?, Washington D.C.: Carnegie Endowment for International Peace.

Jamaluddin, M., Chen, H. & Watson, A. (2022). Indonesia bans sex outside marriage as parliament passes sweeping new criminal code, Jakarta: CNN.

Klinken, G. v. (2019). Living in a Sacred Cosmos: Indonesia and the Future of Islam. Journal of the Humanities and Social Sciences of Southeast Asia, 175(1), 81–135. http://doi:10.1111/jssr.12088

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Nagda, A. (2020). The Diplomat. [Online] Available at: https://thediplomat.com/2020/03/the-islamization-of-indonesias-foreign-policy/

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The World Factbook. (2023). Indonesia, s.l.: Central Intelligence Agency.

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Short Biography:

Kay Conales is a student of the Asia Pacific-Master of Arts in Human Rights and Democratization of the Institute of Human Rights and Peace Studies (IHRP) of Mahidol University (Thailand). She also studied in the Faculty of Social and Political Sciences (FISIPOL) of APMA’s partner-university Universitas Gadjah Mada (Indonesia). She can be reached through e-mail at ksconales@gmail.com.

ASEAN Chairmanship 2023: Indonesia’s Tendency to Solve the South China Sea Territorial Disputes

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