INDONESIA - MALAYSIA DISPUTE OVER MARITIME BOUNDARIES IN THE NORTHERN REGION OF THE MALACCA STRAITS: IMPLICATION TO FISHERIES MANAGEMENT REGIME

Abstract

The economic importance of the Malacca Straits is premised not only on its function as one of the busiest shipping lanes in the world but also its location as an important traditional fishing ground.Straddling between the two adjacent littoral States, Indonesia and Malaysia share the importances in terms of political, socio and economic development and growth. Hence, the control over the Straits through the acquisition of maritime territory is imperative. Despite both Indonesia and Malaysia have concluded a series of bilateral agreements on territorial sea and continental shelf boundaries in the Malacca Straits, both countries are currently involved in the dispute over overlapping claims of exclusive economic zone (EEZ) in the northern region of the Straits. As the delineation of EEZ boundary lines is yet to be finalized, this situation has created uncertainty regarding the status of national fisheries jurisdiction in the contested waters. Consequently, undermining efforts towards promoting sustainable and responsible fisheries management and practices. Between the two countries are arose incidents involving detention of local fishermen and confiscation of boats for illegal fishing in the disputed areas have been widely reported in Indonesia as well as Malaysia. Objective: The objective of this paper is to examine the implications and management issues on fisheries in the northern region of the Malacca Straits. It will particularly focus on the impacts of this unresolved dispute to fisheries law enforcement and sustainable management of shared fish stocks. Such impacts has not only undermined management efforts to ensure sustainable and responsible fisheries in the contested areas but also posed threat the safety and security of fishermen at seas. Methodology: This paper employed the qualitative methode and critical content analys is used in this study. The legal consequences of ratifying the United Nations Convention on The Law of the Sea 1982 (UNCLOS 1982) with Law No. 17 of 1985 concerning the ratification of UNCLOS, Law No. 45/ 2009 amending Law No. 31/ 2004 concerning Indonesian fishery are the substance of law regulation to identifying, collecting, and assessing both primary and secondary data. These research data are obtained from a wide range of published and unpublished materials, including internet resources. The main data collection technique is through library research. Primary data are sourced from international treaty instruments, legislations, and court cases, while sources of secondary data are derived from journal articles, books, book chapters, and newspaper cuttings. Results: Due to unresolved dispute on EEZ in the northern region of the Malacca Straits, both countries are facing the illegal fishing problems although Indonesia and Malaysia have engaged in a series of diplomatic negotiation. This ongoing impasse subsequently posed a number of socio-economic and security problems. As a result, the incidents of illegal fishing in the disputed waters have been frequent and reported in Indonesia and Malaysia media thus create the problem to establish and efective cooperation in maritime surveillance and enforcement to fisheries management regime. To ensure sustainable and long-term viability of marine fisheries sector in the northern region of the Malacca Straits, both countries are aware the cooperative approach is needed from time to time. Implication: This paper highlights the necessity for both Indonesia and Malaysia to resolve their EEZ boundary dispute in the Straits peacefully. Failure to do so would arguably instigate adverse implications on promoting sustainable and responsible marine fisheries management and law enforcement, as well as bilateral relationships.