PRC and USA In Indonesia’s Exclusive Economic Zone (EEZ)

Abstract

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) entitles coastal States to sovereign rights in their exclusive economic zones (EEZ). An EEZ is a maritime zone in a coastal state where a state can exclusively manage its economic 
activities. As the largest archipelagic country in the world, Indonesia has a strategic interest in maritime security in its EEZ, which will significantly influence national security; for example, Indonesia's EEZ in the north is the South China Sea. There are no clear 
rules about military and paramilitary activities in the EEZ, leading countries such as the People‟s Republic of China (PRC) and the United States of America (USA) to frequently conduct such activities without notifying Coastal States like Indonesia. This practice 
violates Indonesia‟s Sovereign Rights in EEZ and poses a risk of infringing upon Indonesia‟s Sovereignty in Territorial and Archipelagic Waters. This paper will examine whether and how Indonesia should negotiate a new international agreement that 
specifically regulates military and paramilitary activities by a foreign navy in the EEZ to fill the gap identified. It will assess the factors, potential terms, and viability of such a new agreement, including comparing military and paramilitary activities conducted by the 
PRC and the USA. One of the advantages of this contrastive approach is the comparison of the use of instrumental powers by the PRC and the USA. This paper is essential because Indonesia has a common interest with most countries: a desire for peaceful and 
secure sea lanes and sovereign territorial waters in a reliably well-ordered maritime environment. Indonesia opposes any country exploiting Indonesia‟s waters solely for their national interest; as a non-aligned nation, Indonesia has a vested interest in 
maintaining positive bilateral relations with both the PRC and the USA. Therefore, only peaceful negotiations conducted through diplomatic means can result in new, enforceable terms for traversing a State‟s EEZ, protecting the sovereignty of a State‟s 
territorial waters. This paper also will impact the relationship between Indonesia, the PRC, and the USA getting better. Public policymakers from the government, the military, and economists can use it to design related national strategic policy.