Statement tentang Sipadan - ligitan

http://www.indonesianembassy.org.nz/PressRelease737-04-xii-2002.htm




Issued by the Indonesian Embassy
Information and Cultural Section
P.O. Box 3545, Glen Road, Kelburn
Wellington.

No : 737/04/XII/2002


--------------------------------------------------------------------------------






Unofficial Translation

PRESS STATEMENT
MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF INDONESIA

Following the Decision by the International Court of Justice 
on the Sipadan-Ligitan Case

Jakarta, 17 December 2002









At a seating which began at 10 a.m. local time in The Hague, or 4 p.m. local 
time in Jakarta, today, the International Court of Justice at 17:45 West 
Indonesian Time issued its decision on the case of the Dispute between 
Indonesia and Malaysia concerning the sovereignty over Pulau Sipadan and Pulau 
Ligitan.

The International Court of Justice has decided that Malaysia shall have the 
sovereignty over Pulau Sipadan and Pulau Ligitan based on the principle of 
"effectivitee", namely that the British authorities have carried out concrete 
administrative acts as a reflection of its sovereignty over the islands, namely 
the issuance of ordinance on birds sanctuary, collection of levis on collection 
on turtles eggs since the 1930s and the operation of life houses since the 
early 1960s. Meanwhile, the tourism activity carried out by Malaysia for the 
past fifteen years was not a consideration. Conversely, the Court rejected 
Indonesia`s argument based on the 1891 Convention which is considered only to 
govern the land border between the countries on Kalimantan. The 40 10` parallel 
of latitude is interpreted to project out to the sea for distance of 3 miles 
from the east of island of Sebatik in accordance 
 with the then applicable law of the sea which sets the territorial sea at 3 
miles. The Court also rejected Malaysia`s claim on the island based on chain of 
title from the Sultan of Sulu.

It is almost inevitable that there is a sense of disappointment that the 
maximal effort carried out by four governments since 1994 did not in fact yield 
the result which we all hope. 

An important fact which we must be aware of is that the Law No.4 of 1960 which 
on the Archipelagic Principle wherein we draw the baseline by linking the 
outermost points of the outermost islands of Indonesia, the 2 islands of 
Sipadan-Ligitan were not included in the map. It is also to be noted however 
that Malaysia also did not include the islands in its maps until as late as 
1979. However, we are obliged to honour the Special Agreement for the 
Submission to the International Court of Justice the Dispute between Indonesia 
and Malaysia concerning the Sovereignty over Pulau Ligitan and Pulau Sipadan 
signed on 31 May 1997. The Government of Indonesia therefore accepts the 
decision as final and binding.

The Government of Indonesia believes that the entire legal process to solve the 
dispute through the International Court of Justice has taken place in a fair, 
transparent, responsible and dignified manner. 

I wish to take this opportunity to underline the importance of the decision of 
the ICJ, within the context of bilateral relations between Indonesia and 
Malaysia as well as regional interactions among the Southeast Asian countries. 
The fact that Indonesia and Malaysia agreed in 1997 to submit the case of Pulau 
Sipadan and Pulau Ligitan through the International Court of Justice has 
clearly reflected the political commitment of the two countries to settle the 
dispute peacefully. This commitment could only be made possible within a 
conducive political environment both bilaterally and regionally which also 
reflects the maturity in the interaction between the two states.

A politically sensitive issue, which involved claims of sovereignty over two 
islands has been resolved peacefully based on the decision made by the 2 
parties themselves and not through mutual recrimination.

We should not belittle the significance of these peaceful resolution process. 
As a result, not only have we avoided the possibility of an armed conflict and 
the potential losses resulting from it, a valuable investment in the 
development of a peaceful and prosperous region.

At the same time, efforts to resolve the Sipadan-Ligitan dispute through the 
International Court of Justice is the first case in the region, and sets a 
precedent and serves as an example for future interactions among the countries 
in the region. Hence, it strengthen the importance of the use of peaceful means 
in settling territorial or any other disputes in the Southeast Asian region.

For Indonesia, the manner by which the case of Sipadan-Ligitan has been 
resolved, spanning during the challenging period of transitions, reflects the 
courage and wisdom of the leaders and the people of the nation.

It is my fervent hope, and I believe it is also the hope of the people of 
Indonesia and Malaysia, that the decision by the International Court of Justice 
on the case of Sipadan and Ligitan would close one chapter of the history of 
the bilateral relation between Indonesia and Malaysia. Indonesia and Malaysia 
jointly inherited this issue from the British and Dutch colonial authorities 
who did not managed to resolve the issue in 1891. Since then until today, we 
have been called to overcome the issue of sovereignty over the islands which 
have been marked by inconsistent written legal conventions and state practice 
and therefore open to various interpretations. 

It is hoped that today`s decision would open a new chapter of more cordial, 
mature, and productive relations between the Government and the people of the 
two neighbouring countries, for many generations to come. Settling a dispute 
peacefully, once and for all, is the best possible legacy that we can bequeath 
to the present and future generations.

On this occasion, on behalf of the Government, I would like to express my 
thanks and appreciation to all members of the government task force and to the 
team of international lawyers for their contribution to the Government`s effort 
to do its best to resolve the Sipadan-Ligitan dispute.

I would also like to express thanks and appreciation to all members of the mass 
media, electronic as well as printed, for disseminating the entire legal 
process in an objective manner, particularly accurate facts, as a result of 
which there is a good understanding of the issue and, it is expected, an 
acceptance of this decision by all Indonesians.


Jakarta, 17 December 2002



[Non-text portions of this message have been removed]



------------------------ Yahoo! Groups Sponsor --------------------~--> 
Give underprivileged students the materials they need to learn. 
Bring education to life by funding a specific classroom project.
http://us.click.yahoo.com/4F6XtA/_WnJAA/E2hLAA/BRUplB/TM
--------------------------------------------------------------------~-> 

***************************************************************************
Berdikusi dg Santun & Elegan, dg Semangat Persahabatan. Menuju Indonesia yg 
Lebih Baik, in Commonality & Shared Destiny. www.ppi-india.uni.cc
***************************************************************************
__________________________________________________________________________
Mohon Perhatian:

1. Harap tdk. memposting/reply yg menyinggung SARA (kecuali sbg otokritik)
2. Pesan yg akan direply harap dihapus, kecuali yg akan dikomentari.
3. Lihat arsip sebelumnya, www.ppi-india.da.ru; 
4. Satu email perhari: ppiindia-digest-hHKSG33TihhbjbujkaE4pw@xxxxxxxxxxxxxxxx
5. No-email/web only: ppiindia-nomail-hHKSG33TihhbjbujkaE4pw@xxxxxxxxxxxxxxxx
6. kembali menerima email: 
ppiindia-normal-hHKSG33TihhbjbujkaE4pw@xxxxxxxxxxxxxxxx