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Jakarta Post

In a borderless world, borders do matter

I walked from Monte Carlo casino in Monaco one night in October and seven minutes later arrived at an Asian restaurant in Nice, France

I Made Andi Arsana (The Jakarta Post)
Jakarta
Mon, January 24, 2011

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In a borderless world,  borders do matter

I walked from Monte Carlo casino in Monaco one night in October and seven minutes later arrived at an Asian restaurant in Nice, France.

I did not realize that I had crossed an international border until I checked a map on my mobile phone.  I suddenly understood the term “borderless world” that Kenichi Ohmae coined in early 1990s.

After the Schengen Agreement was signed in 1985, many European nations are virtually borderless when it comes to the movement of people.

I also remember in 1999 when I had an opportunity to visit Panmunjom on the Demilitarized Zone between North and South Korea. Panmunjom is known as one of the world's most heavily guarded borders since it is patrolled 24/7 by soldiers from both sides. I had a rare opportunity to enter one of the blue buildings standing on the border.

It was a place that straddled two countries. Sitting in a chair at the negotiating table there was a completely different experience than walking from Monaco to France. While on one side of the globe the term “borderless world” is a day-to-day reality, the fact can be extremely different elsewhere.

The latest incident between North and South Korea involving gunfire again confirmed that borders do matter.

The maritime delimitation line between the nations, known as the Northern Limit Line, has not been accepted by North Korea as a true, final and binding border.

A certain area in the Yellow Sea between the two Koreas is still disputed, and that’s where incidents between the nations have cost lives. It is indisputable that borders still dictate reality for some countries.

The case for Indonesia is certainly not as worrying as that of the Koreas but border problems are undoubtedly serious issues to address. Due to its location, Indonesia shares land or sea borders with 10 neighbors: Australia, Timor Leste, India, Malaysia, Palau, Papua New Guinea, the Philippines, Singapore, Thailand and Vietnam.

According to the United Nations Convention on the Law of the Sea 1982, a coastal nation such as Indonesia is entitled to maritime zones such as a territorial sea, contiguous zones, exclusive economic zones and a continental shelf area.

However, considering that Indonesia is surrounded by other nations with similar entitlements, maritime delimitation disputes are inevitable.

To date, Indonesia has yet to delimit maritime boundaries for more than 20 boundary segments in 15 different locations with 10 neighboring nations.

At the same time, its land boundaries with Malaysia in Kalimantan, Papua New Guinea in Papua and Timor Leste have yet to be finalized.

It is nothing new for Indonesia to have unresolved boundary issues that might lead to serious problems or disasters.

We have many examples of how unsettled maritime boundaries can lead to tension between Indonesia and its neighbors.

The nation’s spats with Malaysia were in the public spotlight in 2010. While Malaysia is certainly the closest nation to Indonesia in terms of culture and ethnicity, more border issues have been recorded between the nations than compared to Indonesia and other neighbors.

This may be surprising but the closer the connections the riskier border spats can be. Two good
examples are the case of the Ambalat block in the Sulawesi Sea and the recent incident in waters off Tanjung Berakit involving Malaysian fishermen and police and Indonesian officials.

Even though maritime delimitation is governed by, among other things, the convention, there is much room for interpretation.

In delimiting exclusive economic zones and continental shelves, for example, the convention does not provide specific technical methods to for dividing maritime areas. Instead, it requires countries in question to achieve “equitable solutions” which may lead to any solution, as long as relevant parties agree.

Maritime boundaries can be settled through negotiation, mediation, arbitration or adjudication by
the International Court of Justice or International Tribunal for the Law of the Sea. Negotiations can take place for decades before an agreement is achieved.

Indonesia needs to focus on settling and managing its borders with neighbors. Resolving pending boundaries is a top priority. Relevant institutions such as government survey and mapping agencies, the Foreign Ministry, the Defense Ministry, the Maritime Affairs and Fisheries Ministry and the Home Ministry must prepared and ready to act.

One of the most important things to have is a solid team with knowledgeable members. In addition to international lawyers, Indonesia also needs more people with technical expertise to support boundary settlements, such as surveyors, geodesists and geologists.

At the same time, those scientists need to be aware of the multidisciplinary approach that is needed for boundary settlements. Understanding more than technical issues is a must. With a comprehensive policy supported by a solid and knowledgeable team, Indonesia should be able to manage its boundary issues in the future.  

The writer is a lecturer at the Department of Geodetic Engineering at Gadjah Mada University in Yogyakarta. The opinions expressed here are his own.

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