DR. Capt. Hakeng: Malaysia’s Claim to Ambalat Is Weak from an International Legal Perspective
JAKARTA-JAYA NEWS.COM – The maritime naming dispute between Indonesia and Malaysia resurfaced on August 7, 2025, when the Malaysian government firmly rejected the use of the term “Ambalat Sea” to refer to disputed areas in the Sulawesi Sea. This rejection is considered by some to be more than just a matter of nomenclature, but rather part of the dynamics of maritime sovereignty claims that have been ongoing for decades.
DR. Capt. Marcellus Hakeng Jayawibawa, a critical maritime observer from the Lemhannas Strategic Center (ISC) Alumni Association, believes that Malaysia’s stance should be seen as a strategic effort to shape international perceptions of its territorial claims. “In maritime diplomacy, names are not just symbols. They are legal and political tools that can influence the legitimacy of a country’s claims to a particular territory,” said Capt. Hakeng in Jakarta, Friday (08/08/2025).
According to him, the term “Ambalat” is not solely Indonesian in origin, but has become embedded in technical processes, official maps, and national diplomatic documents as a representation of a legitimate claim to the territory located in Blocks ND6 and ND7, an area rich in oil and gas resources. Meanwhile, Malaysia, in its 1979 New Map, unilaterally included the area as part of its exclusive economic zone and referred to it as the “Celebes Sea.”
Despite Indonesia’s strong opposition, this claim continues to be reiterated and reinforced with legal narratives, including references to the 2002 International Court of Justice (ICJ) ruling regarding the islands of Sipadan and Ligitan. However, Capt. Hakeng cautioned that the ICJ ruling does not necessarily encompass the surrounding maritime delimitation.
“The 2002 ICJ ruling only concerns the ownership of two small islands, Sipadan and Ligitan. It does not provide a decision on maritime boundaries in the area. Therefore, using that ruling to justify a claim to Ambalat is a form of broad interpretation that is weak under international law,” emphasized Dr. Capt. Marcellus Hakeng Jayawibawa.
This terminology conflict, Capt. Hakeng continued, is not merely a diplomatic dispute at the negotiating table, but has direct implications for public perception, legal positions in international arbitration, and the direction of both countries’ foreign policies. However, he noted that amidst this polemic, Indonesian President Prabowo Subianto has adopted a stance that is considered calming and visionary. As reported in his statement to the media after attending the National Science and Technology Convention in Bandung, President Prabowo Subianto emphasized that Indonesia does not seek open conflict with Malaysia.
According to Capt. Hakeng, this is clearly well-intentioned. It also demonstrates President Prabowo’s distinctive leadership approach, known for prioritizing the principle of “peaceful assertiveness”—firmly maintaining sovereignty while prioritizing dialogue and peace. In the context of the Indonesia-Malaysia relationship, which shares a close historical, cultural, and economic relationship, this approach is seen as highly relevant and strategic.
“President Prabowo understands that sovereignty is important, but he is also keenly aware that stable diplomatic relations are far more valuable in the long term,” Capt. Hakeng said. Furthermore, according to Capt. Hakeng, Indonesia’s approach should not stop at strengthening its claim to the term “Ambalat,” but also open up the possibility of more concrete technical cooperation.
Capt. Hakeng mentioned that one such approach is through the Joint Development Authority (JDA) scheme, a form of bilateral cooperation for joint management of disputed areas. He explained that during a bilateral meeting between President Prabowo and Malaysian Prime Minister Anwar Ibrahim in June 2025, the two leaders discussed this possibility.
“So, a JDA could be a pragmatic step that could reduce tensions while providing economic benefits for both countries. If developed transparently and fairly, a JDA could be a win-win solution. Both countries could share the benefits of natural resources while still proceeding with the process of establishing official maritime boundaries under the international legal framework,” explained Dr. Capt. Marcellus Hakeng Jayawibawa.
The Ambalat Block itself holds significant strategic value. Based on geological studies and exploration data, the area contains significant oil and gas potential. This fact makes the Ambalat dispute not only political but also highly economic. Therefore, according to Capt. Hakeng Jayawibawa, cooperation actually opens up opportunities to avoid mutual losses arising from political stagnation.
Nevertheless, he emphasized the importance of caution in designing the cooperation scheme. The JDA must not become a trap that weakens Indonesia’s legal position in the long term.
“Every document, map, or technical agreement must be drafted very carefully. A single mistake in a single phrase could set a detrimental precedent in the future,” he stressed.
It is also crucial, added Capt. Hakeng, that coastal communities and local communities in North Kalimantan—the closest to the Ambalat region—be actively involved in the development and oversight process. “We must not let the JDA become merely an elite-to-elite collaboration that does not impact the welfare of the local community,” stressed Capt. Hakeng.
Interestingly, both Indonesia and Malaysia are now demonstrating a high level of diplomatic maturity. There have been no military provocations or aggressive maneuvers on the ground. In fact, both countries continue to pursue dialogue through bilateral channels and ASEAN forums. However, Capt. Hakeng emphasized that a peaceful resolution based on the principles of international law is the only rational option.
“Indonesia and Malaysia can serve as a global example that maritime disputes do not have to be resolved through conflict. In fact, productive cooperation can grow from this if there is strong political will,” said Capt. Marcellus Hakeng Jayawibawaseraya added that amidst the potential for friction in the Indo-Pacific region, Indonesia’s approach to Ambalat could serve as a regional role model.
“Through calm diplomacy, pragmatic cooperation, and consistency in upholding legal principles, Indonesia has demonstrated that sovereignty and peace can go hand in hand,” said Capt. Hakeng, emphasizing that if this process continues to be maintained and improved, it is possible that Ambalat will one day be known not only as a disputed area, but as an example of the success of two related nations in managing differences in a civilized manner. (*)
Editorial Team
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