All eyes on Jakarta's next move after controversial term used in deal with China

'Overlapping claims' phrase has potential repercussions for Asean nations

- Tan Tam Mei

The controversial use of the term "overlapping claims" in a maritime agreement signed recently between China and Indonesia could, some analysts say, boil down to diplomatic oversight or a misuse of words.

Regardless, this has mired Jakarta in an imbroglio, with potential repercussions for Asean nations.

And reactions from the international community have come fast and furious.

The phrase could undermine Indonesia's ability to assert its sovereignty and territorial jurisdiction in the South China Sea, while also legitimising Beijing's claims to parts of the waterway disputed by the Philippines, Brunei, Malaysia and Vietnam.

China and Indonesia announced on Nov 9 that they had reached common understanding "on joint development in areas of overlapping claims". This was part of a memorandum of understanding (MOU) signed during newly minted President Prabowo Subianto's visit to Beijing, his first official trip since taking office in October.

Jakarta had never formally acknowledged China's competing claim before, noted Dr Abdul Rahman Yaacob, a research fellow at the Lowy Institute specialising in South-east Asia's defence and security. So, if the joint statement's phrasing was intended, it would constitute a major shift in its foreign policy.

However, Indonesia's Foreign Ministry was quick to issue a response on Nov 10, maintaining its long-held position that it did not recognise China's claims over the South China Sea.

"Indonesia reiterates its position that those (Chinese) claims have no international legal basis. The partnership does not impact sovereignty, sovereign rights or Indonesia's jurisdiction in the North Natuna Sea," it said.

China's sweeping claim over the whole of the waterway is based on its nine-dash line map, which was ruled to have no basis under the 1982 UN Convention on the Law of the Sea (Unclos) by a 2016 arbitral tribunal.