CHINA'S AGGRESSIVE STANCE IN THE NORTH NATUNA REGION, INDONESIA DID WHAT?

: Indonesia is an archipelagic country with a geopolitical understanding of wawasan nusantara perspective and mandates of the 1945 Constitution. This is the base of Indonesia's political policy in addressing the South China Sea conflict which is involving China and countries in Southeast Asia. Indonesia, even though it claims to be a non-climate state but it always giving full support to reach the solution. Unfortunately, concrete legal solution for the parties has still not been achieved till know, even though the Philippines has taken China to the Permanent Court of Arbitration. An important point in the problem of this research about what is the solution by Indonesia in responding to China's unilateral claim to ownership of the North Natuna Sea based on UNCLOS 1982? After conducting research and interviews with competent parties at the Ministry of Foreign Affairs of the Republic of Indonesia, it can be concluded that the efforts of Indonesia and ASEAN countries to create a Code of Conduct (CoC) with China is one of the best conflict management that can be done nowadays. Indonesia has gained many positive things by being actively involved in the CoC discussion process. The existence of the Natuna Sea area which holds a lot of potential for oil and gas, fisheries, and tourism is the sovereignty of the Republic of Indonesia which must be protected from other intervention.


INTRODUCTION
The sea as a common heritage of mankind, a common heritage for mankind and every country, nation, has the right to utilize, explore and exploit measurably, existing resources according to their needs (Jaeckel et al., 2017).In its development, international law of the sea cannot be separated from two important conceptions, namely: a) Res Communis, this concept states that the sea is the common property of the people of the world and therefore cannot be owned and taken by individual countries.b) Res nullius, in contrast to Res Communis, this concept states that the sea that no one owns and therefore can be taken and owned by individual countries.
With the development of this perspective on the use and function of the sea, the more open the presence of conflict, along with the high importance of the sea itself.In this case, in addition to the rules regarding utilization, the mechanism for resolving marine disputes is also developing.Be it in the regional scope, region, and internationally.One of the seas that is a conflict in the world of international law today is the South China Sea.
In digital mapping, the area that is claimed by the Nine Dash Line in the South China Sea does not have a clear point and an exact point of measurement (Hsiao, 2020).The Nine Dash Line is just an imaginary line that can be drawn from any point without any legal basis, according to China's benefits and desires alone (Dutton, 2011).This of course is very detrimental to countries bordering the South China Sea that already have territorial areas based on UNCLOS 1982 and recognized by the UN (Beckman, 2013).This overlap occurs bordering the coastlines of the Philippines, Brunei Darussalam, and eastern Malaysia .(Beckman, 2013)Countries that declare themselves as claimant states are countries that are bound in the ASEAN regional organization.We can see on the following map, how overlapping claims between China and the Nine Dash Line and the territorial seas of ASEAN countries: Map 1.1.China's Nine Dash Line claims in the South China Sea Source : I Made Andi Arsana, UGM Geodesy Observer If the countries involved in the territorial conflict in the South China Sea still insist on territorial seizures on the basis of sovereignty and claimed boundaries in the region, then it is certain that they are actually building a roadmap to deadlock with the inevitable consequences of military conflict in the South China Sea.Indonesia as a country with the principle of active free foreign association, of course, does not want armed conflict in areas directly adjacent to Indonesia.Furthermore, countries outside the South China Sea region began to involve themselves and seek dispute resolution.
For example, the United States began stationing aircraft carriers of its armed forces in the South China Sea.This further complicates the conflict.The United States did this because it disagreed with China's claim to ownership of territorial areas in the South China Sea.As stated by the United States Department of Defense, the two aircraft carriers that sailed on January 23, 2022 will conduct a series of exercises, such as anti-submarine warfare operations, air warfare operations and maritime interdiction operations, conducted in accordance with international law, and in cooperation with the Japanese Navy in the Philippine Sea.This activity of the United States militants has certainly provoked China's anger.The background of the United States doing this is also based on its economic interests in the South China Sea which the United States estimates has promising crude oil and natural gas potential, amounting to between 190 cubic T of natural gas, and 11 billion barrels of crude oil The complexity of the conflict eventually provoked the United States to participate in the whirlpool of conflict by increasing the frequency of Freedom Of Navigation Operation (FONOPS) activities to oppose China's massive expansion in the region (Davidson et al., 2019).As the U.S. guided-missile destroyer USS Decatur passed 12 nautical miles from Gaven and Johnson reefs in the remote Spratly Islands as part of Free Of Navigation, a Chinese warship sailed within a few meters of the U.S. destroyer, warning it and forcing it to change course.While the United States ship sailed in the high seas area, and not the Chinese territorial sea.However, the shipping activities of ships on the grounds of Freedom Of Navigation are still carried out by the United States in the South China Sea region (Fravel, 2016).
In addition, China's provocative activities can be evidenced by the creation of artificial islands in the South China Sea, and China stationed more than 45 ships docked on Whitsun Reef, which is a disputed area (Poling et al., 2021).In addition, China also prohibits by threat other countries' vessels from fishing or sailing around its reclaimed islands.China is increasingly aggressive by utilizing these reclaimed islands and hopes that the principle of effective occupation can be applied, so that its sovereignty over the islands and seas around the islands is recognized internationally.In international law, the construction of China's reclaimed islands in the South China Sea region does not violate the law, because according to UNCLOS 1982 article 60 paragraphs (1) to (8), recognizes in international law the existence of artificial islands or reclamation, with certain conditions.But politically, overlapping claims, and China's aggressive actions could trigger open war.
On the other hand, Chinese Minister of Defense Wei FengHe stated that, "We have owned the South China Sea since our ancestors, and we are not willing to lose even 1 inch of the South China Sea."It is on the basis of this understanding that China dares to carry out repressive and violent measures for anyone who dares to enter the sea area around the reclaimed island which according to them is its territory.The Indonesian state began to enter the range of this South China Sea conflict since 2010, where China claimed the northern area of the Natuna Islands, Riau Islands Province which is the waters of Indonesia's Exclusive Economic Zone (EEZ), as stated in Law No. 5 of 1983 concerning the Exclusive Economic Zone.
In the northern region of the Natuna Islands, China argues that it has rights to the waters in the Natuna Islands on the basis of the Traditional Fishing Zone argument.The most fundamental article that has been violated by China against the Indonesian sea is Article 75 paragraphs (1) and (2) of UNCLOS 1982 which states: Paragraph (1): "Subject to the provisions of this Chapter, the outermost boundary line of the exclusive economic zone and the delimitation line drawn pursuant to the provisions of article 74 shall be fixed on a map of sufficient scale or scales to determine where it is located, where preferably a list of geographical coordinate points, detailing the geodetic datum may replace the outermost boundary line or boundary lines.Paragraph (2): "The coastal state shall publish as appropriate a map or list of geographical coordinates and shall deposit one copy of each map to the Secretary-General of the United Nations" The difference in legal basis in determining territorial boundaries in the Natuna Islands between Indonesia and China is a challenge for Indonesia in terms of maintaining its sovereign rights in the EEZ (Fauzan et al., 2019).The Chinese government claims that its fishing boats have the right to sail and their Coast Guard has the right to patrol freely in the Nine Dash Line area, while the Indonesian government does not recognize the Nine Dash Line and considers China to have violated Indonesia's EEZ in the North Natuna Sea Understood further, the existence of the Nine Dash Line as an imaginary line claimed by China in the waters of the South China Sea, has no exact coordinate points, although China claims that it guides fishing rights within the line, or over the islands and rocks within it based on historical records in the country.Indonesia generally argues that under international law, any claim to maritime rights cannot be validated without reference to land (Beckman, 2013).One form of affirmation of the government's attitude towards ownership of the North Natuna sea area, President Joko Widodo had visited Natuna on January 8, 2020.During the visit, President Joko Widodo reiterated that the Natuna area belongs to Indonesia.
But after President Joko Widodo's visit to Natuna, there are still Chinese ships occupying the North Natuna sea area, which were observed totaling 30 ships, which were seen through a Boeing 737 AI-7301 maritime reconnaissance aircraft belonging to the TNI.In the end, the Commander of the Joint Command of Region I, instructed 3 warships to make an expulsion attempt.Chinese-owned fishing vessels are still often observed occupying the North Natuna Sea area and this incident has repeatedly occurred (Gunn, 2021).Based on the background of the above problems, it is very important to discuss further about how the solution is carried out by Indonesia in responding to China's unilateral claim to ownership of the North Natuna sea area based on UNCLOS 1982 and Indonesia's national interests?

RESEARCH METHODS
In conducting an analysis of the topic of conflict in the South China Sea, an empirical legal research typology design is used.Where this research can be referred to as field research, which will examine legal provisions that are the basis for resolving conflicts in the South China Sea, as well as policies that have been carried out or will be carried out by the  With the design of this research approach, the phenomenon under study can be explored using various data, so it is expected to be able to present data and facts in accordance with international law more comprehensively.The process of analysis with data reduction, data presentation, and finally drawing conclusions is what is done after obtaining factual data, then conducting a literature study, and finally pouring the data from the analysis into the form of this scientific writing.

RESULTS AND DISCUSSION
Indonesia does not open any opportunities for talks regarding the North Natuna Sea area with China (Wijaya, n.d.).3) The use of the Natuna Sea has also been  Law number 6 of 1996, in Chapter V, article 24, paragraphs 1 to 3 has stated that: 1) The enforcement of sovereignty and law in Indonesian waters, the air space above it, the seabed and the land below including the natural resources contained therein and sanctions for violations thereof, shall be carried out in accordance with the provisions of the Convention, other international laws, and applicable laws and regulations.
2)Jurisdiction is the enforcement of sovereignty and law against foreign vessels passing through the territorial sea and waters of the Indonesian archipelago carried out in accordance with the provisions of the Convention, other international laws, and applicable laws and regulations.
3) If necessary for the implementation of In response to this, the source stated that: "No one wants to be reclaimed here because he (PRC) recognizes that Natuna belongs to Indonesia.For overlapping maritime areas, it could be, but that we also have a clear position, that if there is something there, we will take firm action.This should also be a concern for Indonesia, because it could be that China is trying to enter their narrative to be accepted as development of international law.Although logically, it is no longer possible to open the Pandora's box of UNCLOS 1982 which already has a long way to go, ratified, and then suddenly will be changed only in the interest of one State which in reality greatly disrupts the stability of regional security with its policies.This will certainly not be easy, and will be taken for granted by the countries of the world.In other words, China must find other ways to legitimize its narrative, or retreat with a chivalrous spirit, realizing that there are rights of other countries that must be respected in addition to their country's geopolitical interests.

CONCLUSION
China rejects and does not respect the PCA's ruling regarding ownership of features that overlap with the Philippines in the South China Sea region.China's aggressiveness in the South China Sea has intensified with the development of artificial islands in the Philippine territory.China facilitates artificial islands with military bases, airports, and even sends a Navy to inhabit the artificial islands.China hopes that by carrying out effective China's nine dash line claim targets the North Natuna Sea region.However, as a country that ratified UNCLOS in 1982, China should understand that the North Natuna Sea area belongs to Indonesia.But on the other hand, the Indonesian government does not recognize the claims made by China, because Indonesia's position is legitimate and in accordance with international law (Beckman, 2013).It is undeniable that the claims made by China are not just diplomatic notes, but actually carry out illegal fishing, ships enter without permission, with unclear intentions in the North Natuna sea area (Meyer et al., 2019).The reason China does this is none other than the historical claim that they have historical fishing rights in North Natuna, based on ancient maps (Meyer et al., 2019).Indonesia's position that rejects China's nine dash line claim is a basis for not opening talks on anything related to Indonesia's sovereignty in the North Natuna Sea (Dipua et al., 2020).In 2017, to strengthen Indonesia's ownership position in the Natuna Sea, which was once still called the South China Sea, the government renamed it the North Natuna Sea (Simorangkir et al., 2023).It got a diplomatic note from Beijing, because they felt it belonged to China.But Indonesia did not respond, and until now continues to use the name North Natuna Sea.Although until now, the name change has not been authorized to the International Hydrographic Organization (IHO).Formally it has not been ratified because in 2002, IHO S-23 WG did not reach a formal agreement, considering there was a political dispute in naming the sea as an example of Japan Sea or East Sea, so the endorsement for the Natuna Sea has not been carried out, and the area of Indonesia's EEZ in the South China Sea is 648,000 km².Indonesia presents arguments about the Natuna Sea for 3 main reasons, namely: 1) The Natuna Sea is entirely within the waters of the Indonesian Archipelagic Waters.This is related to PP 38 of 2002 and PP 37 of 2008 concerning the List of Geographical Coordinates of the Base Line Points of the Indonesian Archipelago which was deposited with the UN Secretary General in 2009.2) The name Natuna has been used in the Sea map number 38 since 1951 and the use of local names is in accordance with the provisions of the UN Group of Experts on Geographical Names (UNGEGN).The name Natuna has also been used in the context of local government, namely Natuna Regency.
Sea is comprised of those 2 parts, terroitorial sovereignty, and maritime rights, and interest claim in south china sea.So for China its important lies on both territorial sovereignty and maritime rights, including rights to exploring the maritime resources, natural resources, including fishing resources, and oil and gas natural resources" From this statement, we can see how ambitious China is to control the SCS, including the North Natuna region (Meyer et al., 2019).The position of the North Natuna Sea that China claims as part of its own.As stated by the director of the Chinese research institute earlier, that China is very ambitious to be able to control North Natuna which is currently known to store gas and petroleum reserves that are estimated to be the largest in the world.Indonesia itself has been drilling for offshore oil called the Natuna Block, which caused China to feel annoyed and sent Navy ships to try to stop petroleum drilling operations in Natuna, which they said falls within the nine dash line, as shown in the following map Map 4. 2. Oil and Gas Mining in Natuna Block Source : https://kkp.go.idDue to China's frequent violations in the North Natuna Sea region, the government has made Natuna a defense center on the outer line of the island.that have been carried out by the Indonesian government in the North Natuna Sea are also based on laws that apply within the Indonesian national scope.Even the Preamble of the 1945 Constitution has also mandated to maintain world order.The message or decree by the Preamble of the 1945 Constitution is not limited to the domestic obligation to prosper the entire nation and the spilled blood of Indonesia but in the same breath includes international obligations namely "participating in implementing world order based on independence, lasting peace and social justice.
the basis for the formation of Bakamla, with its responsibility and obligation to maintain sovereignty and security in the waters.In the North Natuna sea area, the synergy between the Navy and Bakamla is the spearhead in maintaining Indonesiaat sea aim to uphold sovereignty and law, maintain integrity of the Unitary State of the Republic of Indonesia and protect the entire nation and all Indonesian bloodshed from threats, challenges, obstacles, and disturbances in the sea area."Indonesia's policy in maintaining sovereignty and sovereign rights is in accordance with existing rules, both nationally and internationally.Maximum efforts in maintaining security stability in the region, the country's national security, countries -China is a good faith, although G to G Indonesia will never open a dialogue on anything related to the sovereignty of features in North Natuna.On the other hand, Indonesia continues to build solid cooperation with China, which was marked by the signing of the MoU on High Level Dialogue between the Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Pandjaitan, and the Minister of Foreign Affairs of China, Wang Yi in Guiyang on June 5, 2021 which covers aspects of fairly broad cooperation.3.1.The possibility of China building artificial islands in the North Natuna Sea area China's ambition to immediately control and own the South China Sea is evidenced by its aggressiveness in building artificial islands in almost the entire Spratly and Paracel island clusters.Not only built artificial islands, but China also built military bases, airports, and fielded approximately 800,000 navies on its artificial islands.China strictly does not comply with and respect the results of the PCA's ruling on anything related to the sovereignty of features that have been declared property of the Philippines.The reality of the Chinese government's choice of attitude should also Page 492 Asian Journal of Engineering, Social and Health Volume 2, No. 7 July 2023 be a consideration and focus for the Indonesian government.It is not impossible, China will do the same in the North Natuna sea area.Moreover, currently, the Indonesian government already has offshore mining in the Natuna Block.This really angered the Chinese government, because they felt the right to own the water column feature in North Natuna.
is also very dangerous for the continuity of peace with neighboring countries in the SCS.If we notice, if indeed the concept of nine dash line has existed for a long time, China should have spoken out when UNCLOS talks and discussions were underway.As for UNCLOS itself, the discussion is very long and long, because of the hope of nations so that the existing rules can be representative of the interests of each country in the world.Although many things have been declared illegal and violate international legal rules, China is still trying to create new rules with the term offshore archipelago.Where they want legitimacy of ownership of territorial waters outside of the continental territory of their country.The resource person also explained that China does not hesitate to currently invite many professors, academics, and even lawyers to be able to provide a legal basis or point of view to be able to build opinions and narratives of the existence of the offshore archipelago.