2227 | Sipadan and Ligitan Island Sovereignty Disputes: Foreign Policy Analysis of Indonesia
and Malaysia In Resolving International Conflicts
islands dates back to 1969 when Indonesia
and Malaysia held negotiations to define
continental shelf boundaries. The
Indonesian Technical Team at that time
adhered to Indonesian law, namely, Perpu
No. 4 of 1960 which stipulates points from
the baseline of Indonesian waters and from
that point becomes the benchmark for the
Indonesian Continental Shelf to the sea.
Perpu No. 4 of 1960, stated that the two
islands were not included as a base point.
In the map of Malaysia, the boundary line
between Indonesia and Malaysia in the
region is drawn straight from the east coast
of Sebatik Island to the east which makes
Sipadan Island and Ligitan Island also
located outside Malaysian territory and it is
written that both islands are within
Indonesian territory. This caused confusion
between the parties. Indonesia also
investigated the ownership of the two
islands. After tracing historical records, it
turns out that Indonesia has evidence
related to the ownership of the two islands.
However, Malaysia uses the argument by
referring to several facts that show the
peaceful and sustainable management
carried out by the British and Malaysian
colonial governments on the two islands
(Djalal, 2013; Novitasari, 2021).
Since the discovery of the problem, in
1969 the Indonesian Technical Team felt no
authority to discuss the dispute. Finally,
Indonesia and Malaysia agreed to give the
status quo to Sipadan and Ligitan Islands.
To resolve the dispute, quite several steps
are allowed by International Law. Article 33
of the UN Charter states that:
“first of all, seek a solution by
negotiation, inquiry, mediation,
conciliation. arbitration, judicial settlement,
resort to regional agencies or
arrangements, or other peaceful means of
their own choice".
Finally, Indonesia and Malaysia tried to
resolve the dispute through negotiations.
The negotiations began with a high-level
meeting held in Yogyakarta between
President Suharto who was then president
of Indonesia and Mahathir Mohammad,
Prime Minister of Malaysia. Then after that,
the two countries tried to negotiate again.
The results of various negotiations stated
that Indonesia and Malaysia agreed to
submit the determination of the two
disputed areas to be resolved at the
International Court of Justice. The dispute
resolution mechanism at the International
Court of Justice is an agreement by the
disputing state. This is regulated in Article
36 paragraph (1) of the Statute of the
International Court of Justice. The
agreement between the two countries was
stated in an agreement on May 31, 1997,
and entered into force on May 18, 1998,
which was named "Special Agreement
for
Submission to the International Court of
Justice of the Dispute between Indonesia
and Malaysia concerning Sovereignty over
Pulau Ligitan and Pulau Sipadan (Special
Agreement)".
In the Special Agreement,
the International Court of Justice was asked
to determine ownership of the Sipadan and
Ligitan Islands. Before taking the dispute to
the International Court of Justice, the two
countries agreed to accept whatever
decision would be issued by the
International Court of Justice.
On December 17, 2002, the
International Court of Justice finally issued
its ruling on the dispute over Sipadan and
Ligitan Islands. The result of the decision