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The Unsettled Agreement of the 2019 Re-Demarcation of the Indonesia-Malaysia Boundary Line’s Impact Nurdin, Amin; Sudjito, Sudjito; Arsana, I Made Andi
Indonesian Journal of Multidisciplinary Science Vol. 2 No. 9 (2023): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v2i9.524

Abstract

Referring to the principle of uti possidetis juris, the establishment of the boundary line on Sebatik Island was based on a previous agreement between the Netherlands and the British. It was stated in the 1915 Agreement between the Netherlands and the British, which declared that the boundary line follows a parallel line of 4º10' North Latitude. Unfortunately, The Boundary Agreement of 1915 does not mention the datum and reference ellipsoid used to determine the abovementioned 4° 10' North Latitude. The absence of a datum and reference ellipsoid causes disputes in determining the precise location of boundary pillars during the field reconstruction procedure. A joint survey between Indonesia and Malaysia in 1983 found that most of the boundary pillars on Sebatik Island were not precisely located along the 4° 10' North Latitude line and based on the results of the 10th meeting of the Joint Working Group on the Outstanding Boundary Problems in 2018, Indonesia and Malaysia agreed to re-demarcate the boundary, which was carried out in 2019. This study aims to determine the impact of the 2019 re-demarcation of the boundary line between Indonesia and Malaysia on Sebatik Island. The methods applied in this research are in-depth interviews, observation, and document studies. The results found that the 2019 re-demarcation resulted in exchanging areas between Indonesia and Malaysia. This area exchange generates uncertainty about land ownership by citizens in border zones.
Examining the Negotiation Model of the Disputed Boundary Between Indonesia and Malaysia on Sebatik Island Nurdin, Amin; Atmoredjo, Sudjito; Arsana, I Made Andi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Sebatik Island is a disputed territory between Indonesia and Malaysia, known as one of the Outstanding Boundary Problems (OBP). The island was divided into two parts by the Dutch and British, based on the 1891 Boundary Convention and the 1915 Boundary Agreement. In 2019, after a long negotiation process, the two countries agreed to re-demarcate the boundary line by planting new boundary pillars. The results of the re-demarcation have not yet been agreed upon by Indonesia and Malaysia, resulting in unclear boundaries of sovereignty and jurisdiction. This study aims to examine the negotiation model of dispute resolution on Sebatik Island. The research methodology employed is doctrinal or normative legal research, which uses both primary and secondary legal data as sources, such as regulations, treaties, court decisions, and doctrines. The study found that the current bottom-up negotiation model has caused delays in reaching an agreement on Sebatik Island. To speed up the settlement of the dispute, it is recommended to modify the model to a top-down approach with a back-to-back or simultaneous mechanism.