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CASE 1: CHINA CONDEMNS INDONESIAN NAVY FOR SHOOTING AT CHINESE

FISHING BOAT AND ARRESTING THEIR CITIZENS IN THE NATUNA WATERS


(CHINA V. INDONESIA)

Trouble has flared up once again in the South China Sea as the Indonesian navy continues bombing
and shooting against Chinese boats fishing in the so-called "traditional Chinese waters."

On June 18th 2016, an Indonesian navy warship arrested a Chinese fishing boat crew of seven for
fishing "illegally" within Indonesia's 200-mile exclusive economic zone off the Natuna Islands.

Indonesian maritime air surveillance officials reported that "foreign vessels" were illegally working
in the Natuna Sea. First Admiral Edi Sucipto of the Indonesian corvette KRI Imam Bonjol-383
responded by approaching the fleet of "foreign fishing boats". The twelve trawlers maneuvered to
flee from the warship as it fired warning shots at the scurrying boats. However, one of the Chinese
fishing boats failed to escape and was promptly detained by the corvette.

In response, China's Foreign Ministry condemned the Indonesian navy for its "excessive use of
force". Foreign Ministry spokeswoman Hua Chunying claimed that Chinese authorities had
hurriedly sent off its nearest Coast Guard ships to rescue the fleeing fisrmen. Hua states that
Indonesia's actions had violated international laws and harmed the lives and property of Chinese
citizens.

"China urges Indonesia to stop taking action that escalates tension, complicates issues, or affects
peace and stability," Hua said.

The waters of the Natuna Sea have been prone to numerous incidents of late. Back in May, Chinese
fishing vessel Gui Bei Yu-27088 and its eight crew members were seized by the Indonesian navy.
The fishing boat ignored repeated warnings to stop passing by Indonesian waters, to which then
Indonesian warship had no choice but to fire numerous warning shots, some of which landed on the
fishing boats. An even more volatile incident occurred back in
March when Indonesia blew up 23 foreign fishing boats seized for illegally fishing in Indonesian
waters, hoping to give lesson to China.
These incidents have ignited public outrage and put Indonesian-Chinese diplomatic relations on
shaky ground. Ultimately, the issue of the South China Sea's territorial borders has remained an
obstacle in this bilateral relationship. Indonesia has repeatedly sought clarification on China's
extensive claim over the Natuna Waters. Nonetheless, China has also condemned Indonesia to end
such hot pursuit over their fishing vessels and their citizens.

Source: http://shanghaiist.com/2016/06/20/indonesia_warships_chinese_fishing_boats.php
CASE 2: SINGAPORE AIMS TO PROSECUTE INDONESIANS RESPONSIBLE FOR
HAZE (SINGAPORE V. INDONESIA)

Indonesias inability to control forest fires has left the residents of Singapore, covered in smoke, an
annual occurrence that has often tested relations between the two nations. Haze from forest and land
fires from Riau province blew into Singapore, triggering a wave of complaints on social media from
the city-states residents. Indonesias Disaster Mitigation Agency (BNPB) said in a statement that
forest and land fires had worsened in Riau and that smoke from 67 hot spots in the province had
reached Singapore. The air pollution comes from rampant illegal land clearing using fire, which
ravages thousands of hectares of forest and quickly spreads a thick smoky haze over the region.
Singapores National Environment Agency (NEA) recorded that pollutant standards index (PSI) had
reached 127 up to 215 in climax, wherein PSI above 100 is considered unhealthy while anything
above 200 is categorized as very unhealthy, especially for young children, the elderly and people
with heart and lung diseases.

Singapore urged Indonesia to continue taking the necessary actions to prevent and mitigate the fires
during this dry season and asked for an update on the situation in Sumatra and Kalimantan. In
response to this, the government said it had declared states of emergency in six provinces: Riau,
Jambi, South Sumatra, West Kalimantan, Central Kalimantan and South Kalimantan. The
emergency status was needed to allow easier access for the BNPB and to allow each regional
disaster mitigation agency (BPBD) to mobilize resources.The BNPB said it had deployed 7,200 air
and ground task force personnel to tackle forest fires and land burning. It is also using three water
bombing helicopters, two fixed-wing water bombers and one CASA aircraft to induce artificial rain.
Thousands of canals, water reserves and reservoirs have also been prepared. The National Police
announced they had named more than 45 suspects in connection with land and forest fires to
discourage recalcitrant companies and farmers from clearing land illegally.

Notwithstanding Indonesias hard work in mitigating the effects of wildfires, Singapore has passed
a law, namely Singapore Transboundary Haze Pollution Act, which allows Singapore to
prosecute Indonesian companies and citizens involved in the burning of peat lands and forests.
"We have the support of the international community. We are just asking for the companies and
perpetrators to own up and be accountable for what theyve done, said Singapores Environment
and Water Resources Minister, Masagos Zulkifli.
The companies have been told that Singapore has the right to bring their directors to court, and
firms involved in haze-producing fires face fines of up to S$100,000 ($74,000) a day for every day
of fire, the minister said.

"This is a serious problem for the people of Indonesia. However, Singapores action has yet
undermines Indonesias sovereignty and worsen our reputation," replied National Police Chief
General Tito Karnavian. Criminal acts committed within national jurisdiction is within a sovereign
States criminal jurisdiction; thus, Singapore has no right to prosecute perpetrators relating to the
haze issue, regardless of how much damages it has incurred.

Source: http://www.bloomberg.com/news/articles/2016-06-10/singapore-aims-to-prosecute-
indonesian-polluters-under-haze-law
CASE 3: INDONESIA TO EASE MINERAL EXPORT BAN FROM 2017
(INDONESIA V. UNITED STATES)

The government of Indonesia has taken serious steps to ease its ban on partially processed minerals
exports, including copper, nickel, zinc and bauxite ore order from January 2017, to prop up its
economy.

Previously, Indonesia imposed the polemic ban on metal ore exports in early 2014, in an attempt to
improve returns on resources shipped out of the country by developing smelters that would add
value to resources and create jobs. However, the ban had cost billions of dollars in lost revenue to
the nation, as Indonesia has been renowned as top nickel ore exporter and a major supplier of
bauxite.

The ban has also resulted in tension between the government and companies operating in the
country, which include the American Freeport-McMoRan Copper & Gold, who operates the worlds
fourth largest copper mine at Grasberg in the West Papua province, and Denver's Newmont Mining
Corp. These two U.S. miners account for 97% of Indonesia's copper exports.

With the government easing again such mineral export ban, it would be a serious setback for these
mining companies, as they were forced to comply with the national regulation and to develop
smelting facilities. By 2017, the Government aims for full domestic processing of mineral ores,
causing investors to complain upon such policy.

"We will provide an opportunity for investor companies to build smelters within a five year
timeframe. Miners that fail to build smelters within five years could have their mining permits
revoked, Mining Minister Luhut Pandjaitan said.

Spokesmen from U.S. giant Freeport-McMoRan Inc Company urge the government to delay the
implementation of such export ban as it could harm Indonesias national economy, noting that at
this time being, Indonesia growth had reached its lowest index in six years. It is partly because of
weaker returns from commodities, and the government has been rolling out new measures this year
to reenergize the economy and boost its revenues.
Source: http://www.reuters.com/article/us-indonesia-nickel-exports-idUSKCN12406B
CASE 4: AUSTRALIA - INDONESIA SPYING SCANDAL
(INDONESIA V. AUSTRALIA)

You will absolutely remember the tragedy of the war between the cyber warriors Indonesia to
Australia throughout the month of November 2013. At that time attacking each inter-website can
not be avoided so as to make relations between the two countries seem no longer in harmony.

The cyber war allegedly arising from the issue of wiretapping conducted Australian intelligence
agencies against President Susilo Bambang Yudhoyono (SBY) and a number of ministers in 2009.
This information was revealed from documents leaked by former employees of the National
Security Agency (NSA), Edward Snowden.

In a leaked document it is mentioned that Australian spy agencies targeting the President and his
wife, Vice President Boediono, and several other ministers as the target of monitoring. Leaks were
also revealing handset models used by each of the targets, including diagrams event and voice of
the president.

The allegations prompted Indonesia to immediately recall its ambassador to Australia, Nadjib
Riphat Kesoema. Australian Prime Minister Tony Abbott initially declined to apologise or comment
on the matter, prompting accusations from President Yudhoyono that he had "belittled" Indonesia's
response to the issue. Speaking to Parliament, Abbott went on to argue that Australia "should not be
expected to apologize for...reasonable intelligence-gathering activities".

Abbott said: "All countries, all governments gather information. That's hardly a surprise. It's hardly
a shock. We use the information that we gather for good, including to build a stronger relationship
with Indonesia and one of the things that I have offered to do today in my discussions with the
Indonesian vice-president is to elevate our level of information-sharing because I want the people of
Indonesia to know that everything, everything that we do is to help Indonesia as well as to help
Australia. Indonesia is a country for which I have a great deal of respect and personal affection
based on my own time in Indonesia."
Indonesia's Foreign Minister Marty Natalegawa said: "It is nothing less than an unfriendly act
which is having already a very serious impact on our bilateral relations. This is not a clever thing to
do. It violates every single decent and legal instrument that I can think of.

Source: http://www.smh.com.au/federal-politics/political-news/indonesia-recalls-ambassador-to-
australia-over-phone-tapping-20131118-2xrfw.html
CASE 5: ASYLUM SEEKER (INDONESIA V. AUSTRALIA)

Australia's humanitarian intake has remained relatively steady over the last decade, with around
12,000 to 13,000 people typically accepted every year. In 2014 , Australia accepted 13,750 people
through its humanitarian programme and has committed to accepting an additional 12,000 refugees.
Asylum seekers have attempted to reach Australia on boats from Indonesia, often paying large sums
of money to people smugglers. Hundreds have died making the dangerous journey. At its peak,
18,000 people arrived in Australia illegally by sea.

For years Indonesia has tolerated the presence of refugees and asylum seekers and allowed them to
live temporarily in the archipelago. Asylum seeker policy is not a big issue domestically in
Indonesia. However, it is one of the greatest causes of friction in the country's volatile relationship
with Australia. Australia says its tough policies deter people smugglers and prevent lives being lost
at sea. Since Operation Sovereign Borders began, 25 boats carrying 698 people have been turned
back and safely returned to their country of departure.

Tensions between the countries flared again in 2015 over revelations Australia paid people
smugglers $US 30,000 to return a boatload of asylum seekers to Indonesia. Moreover, Australia had
banned refugees who arrived after June 2014. In response to that, Indonesia has called for Australia
to accept more refugees while the UNHCR has urged it to lift the ban on accepting refugees from
Indonesia.

Meanwhile, Indonesia's 13 immigration detention centres were overcrowded as the number of


"illegal migrants" had increased more than fivefold over the past seven years. Indonesia is not a
signatory to the UN refugee convention; hence, refugees cannot legally work there while waiting
for resettlement in a third country.

A spokeswoman for Mr Dutton said Australia was already in the top three countries in the world for
the resettlement of refugees on a per capita basis, Australia was also by far the largest source of
funds for the International Organisation of Migration in Indonesia, which assists refugees with food,
medical care and accommodation. Since 2000, Australia has committed over $170 million in
funding to support Indonesian authorities to provide a range of care services to irregular migrants
intercepted in Indonesia. However, Indonesia encourages Australia to revisit that and to take a more
lenient approach to ensuring there is more responsibility sharing.

The discretion of every country to develop its own refugee policies is taken into consideration.
However, it is very important for countries to be taking a broader, more inclusive approach that
shares the responsibility of what is happening in the world today.

Source: http://www.bbc.com/news/world-asia-28189608
CASE 6: NETHERLANDS RECALLED THEIR AMBASSADOR ON DRUG
DECRIMINALIZATION (NETHERLANDS V. INDONESIA)

The Netherlands have recalled their ambassadors from Indonesia and expressed fury after Jakarta
defied their pleas and executed two of their citizens along with four other drug offenders.

The Netherlands remains opposed to the death penalty! Using the death penalty, which is
increasingly rejected by the international community, seriously affects relations between our
countries, the Dutch spokesman said in their official statement after recalling their ambassador.

The Dutch monarch, Willem-Alexander, and prime minister Mark Rutte had been in contact with
the Indonesian president about the matter, he said, and the government had done all in its power
to try to halt the execution.

Indonesia has tough anti-drugs laws and President Widodo, who took office in October, has
disappointed rights activists by voicing support for capital punishment despite his image as a
reformist. He defended the executions, saying drugs ruin lives.

The war against the drug mafia should not be half-hearted measures, because drugs have really
ruined the good life of the drug users and their families, he said.

There is no happiness in life to be gained from drug abuse. The country must be present and fight
with drug syndicates head-on, he added. A healthy Indonesia is Indonesia without drugs.

Widodo has taken a particularly hard line towards people on death row for narcotics offences,
insisting they will not receive a presidential pardon since Indonesia is facing an emergency over
drug use.

Source: https://www.theguardian.com/world/2015/jan/18/brazil-netherlands-recall-ambassadors-
indonesia-executes-drugs-offenders

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