Ssup guys ! it been a while ago ( ithink about one week ) i did write my last post ! , Today i will discuss about a case in 2000-an and in this case i will discuss about island dispute between Indonesia and Malaysia that is the island of Sipadan and the island in Ligitan ,
Before , we took further step to the problem we must know what is Sipadan and Ligitan is , Sipadan and Ligitan is Island , Sipadan is island in states of Sabah , Malaysia .This island is close with Indonesia territory in Borneo (Kalimantan) in 2017 this Island is belong to Malaysia (I will explain it later ) but in 1969 until 2002 the stat of this island is still unclear , This condition is also happen for the Island of Ligitan .Ligitan Island is located besides the Island of Sipadan so the condition of the island problem it quite the same . So lets get into it ! (Sorry for incomplete information and source)
We know it before , that this two Island is located between the border of 2 nations which is Indonesia and Malaysia , so the question is ? how far the border of this country ? , In Elementary , Junior , and Senior High School we taught that Indonesia Map is spread all over from Sabang until Merauke , Which is gave us a big question , how about border of each territory in Indonesia ? This is unsolved problem for our nation because many border (Especialy in near Singapura and Malaysia) do not have a clear border from both country , so this main problem why Sipadan Island and Ligitan become unclear who have right to claim it , Malaysia or Indonesia ?
Indonesia and Malaysia already discuss about the both country border in 1969 but the 2 nations never mention that the both island is theirs (both Indonesian and Malaysia) in UU no 4/Perppu/1960 Indonesia not mention that both island is theirs , also Malaysia not mention it in theirs constitution . So both country claim it . But the discussion ended and both nations agree to put statsu quo in these 2 island . Which mean both nations can not use and can not claim or occupy these 2 island . But in 1970-an Malaysia broke the rule and build a tower in these island also build a building for recreation , These clearly broke the agreement of 2 country to put the 2 island in status quo before further agreement . So both Country agreed to bring this case to International Court of Justice (ICS) . Both Nations have their own argument for the right of these Island in Malaysia Side , the believe that the island is given by England who colonize Malaysia for long period of time , also the believe that two island is belong to Sultan Sula which is Malaysia Royal Familiy , In Indonesia side they believe that Indonesia Using the Line who already be regulated in United Nation Convention on the Law of the Sea , which is these 2 island Located below the Indonesia line and they believe the claim in , and also Indonesia believe that those 2 island is belong to Sultan Bulungan, These case is not solved yet until 2002
In 2002 ICJ already have decision that the 2 island is belong to Malaysia , Because the legal statement of Indonesia is not strong enough , and also ICJ agreed that historical factor not used in these case because imagine if historical factor used in this case Indonesia territory will occupy not only Sipadan and Ligitan but also all the Malaysia territory and also Singapura and Phillipinas (Imagine that L.O.L). And the ICS agreed that in these 2 Island Malaysia first put the "influence" which means Malaysia take the care first than Indonesia , so because of that ICJ finish the case with the favor of Malaysia . In ICJ there are 15 Judge , 14 vote for the win of Malaysia , and 1 vote for the win of Indonesia .
So the conclusion of this article is , Sipidan and Ligitan Island in first hand does not belong to neither Indonesia and Malaysia , but both country claim those 2 island is theirs . Also these 2 nations have their own strong reason to claim the 2 island , the Indonesia claim that the 2 island belong to them because the United Nation Convention on the Law of the Sea already regulated it in ZEE (Zona ekonomi ekskulsif ) and the 2 island is in the below in Indonesian line . In the Malaysian side they believe that 2 island is given by England who colonize them for over the years . In the end , both nations bring the case to ICJ and ICJ decided to gave the right for take care of the island to Malaysia so thats the conclusion !
Sorry after the long post and this one is little bit out of my kind of post (yes is perkemi) hahay . So on iam sorry for bad english and lack of legal statement , i just kinda trying to better at english and also at writing so any one who read this regardless who you are if you have a comment and critics about my article and also my used of language i really appreciate it guys ! Peace out !
1.Artikel "Sengketa Pulau Sipadan dan Ligitan antara Indonesia dan Malaysia serta penyelesaian nya di International Court of Justice
3.United Nation Convention on the Law of the Sea
4.UU no 4 Tahun 1960