Border Dispute Indonesia - Malaysia Government Must Malaysia Welcomes Call for talks

JAKARTA - The Indonesian government welcomes the invitation asked former Malaysian Prime Minister Abdullah Ahmad Badawi to discuss ongoing negotiations issues between the two countries border region.

Badawi invitation was conveyed in a meeting with the leaders of the Assembly in Putrajaya, Malaysia, some time ago.

"It should be welcomed by the government of Indonesia to remember during the time in Tanjung Datu, Malaysia's position is not to open negotiations with the government of Indonesia since 1978, which has no MoU has been signed by both countries," said the Professor of International Law University of Indonesia (UI) said Hikmahanto Juwana in his press conference, Thursday (10/20/2011).

The reason is, first, the government of Indonesia must be in a position to see the MoU in 1978 not as an international legal instrument binding. Because, he said, the MoU follows the substance can not be treated as a border treaty between Indonesia and Malaysia.

"Therefore the MoU does not apply adigium pacta sunt servanda or the parties who are bound in a treaty must be obeyed," he said. Even the MoU was merely a technical document diintensikan determination of the coordinates.

Second, the MOU can not be a continuation of the Agreement documents Dutch English 1891 is recognized by Indonesia and Malaysia. In the law it is impossible a treaty followed up with the MoU. "On the contrary MoU will precede an agreement," he stated.

Construction of right thinking, according to him, is a 1891 Dutch English Border Treaty is descriptive in the delimitation treaty the two countries. To further this agreement should be followed by the Border Agreement which contains the coordinates of concrete between the two countries.

In the context to go on the Border Treaty in 1978 that the MoU was made. Third, the coordinates are specified in the MoU, 1978 in Tanjung Datu jutting into Indonesia is problematic because when referring to a map made ​​by Malaysia unilaterally instead indicate the boundary line that juts into Malaysia.

"Should the Indonesian government and questioning to find out what the Malaysian government and the basic method of making a map of Malaysia's," he continued.


Method of delimitation carried out by Malaysia is questionable given the most likely method used in determining the coordinates of the MoU in 1978 either. Malaysia mempermasalahkaan not even defend it as a very profitable 1978 MoU Malaysia.

"Based on all three issues, the Government should actively fight to Tanjung Datu made ​​outstanding boundary problems in order to be approved by Malaysia. If Malaysia have also agreed the government should assume the coordinates in Tanjung Datu not conclusive and no one has agreed on, "he explained.