East Asian Observer
X JEAIL 1 (2017)
s Ambalat: Neglecting the Basepoints
of Sipadan and Ligitan Islands for Maintaining
the Equidistance Principle in the Disputed Area
M. Hendrapati, M. Ashri, A. Ruslan, S. Muchtar,
F. Patittingi, S.M. Noor, R. Hambali & J. Sumardi
The “Sipadan and Ligitan” dispute was settled by the ICJ (2002), but its impact on
basepoint for baseline and maritime delimitation on the Ambalat remains a contentious
issue until now. Since the islands are used as basepoints by Malaysia that results in
controversy between Indonesia and Malaysia. This essay will investigate the current
situation over Ambalat regarding two basepoints islands for maintaining Equidistance
Line in Disputed Area. It will discuss why Malaysia has no right to use the straight
baseline or straight archipelagic baseline to connect the basepoints of Sipadan and Ligitan
at Sabah and suggest measures to maintain equidistance line in Ambalat.
Neglecting, Basepoint, Straight Archipelagic Baseline, Ambalat, Maritime
Delimitation, Separate Opinion.
Sipadan and Ligitan islands are owned by Malaysia as per the International Court
of Justice’s (“ICJ”) decision on December 16, 2002.
In 1996, President Soeharto of
Indonesian Republic and Prime Minister Mahathir Mohammad of Malaysia agreed
that both would obey any decision reached by the ICJ and implement it in order to
∗ Marcel Hendrapati, Muhammad Ashri, Achmad Ruslan,Syamsuddin Muchtar, Farida Patittingi, Syamsuddin
Muhammad Noor, Ruslan Hambali & Juajir Sumardi. The authors are lecturers in the Faculty of Law, Hasanuddin
University, Indonesia. The corresponding author is Marcel Hendrapati. He may be contacted at: marcel.hendrapati@
1 Souvereignty over Pulau Ligitan and Pulau Sipadan (Indon. v. Malay.), Judgment, 2002 I.C.J. Rep. 263 (Dec. 17),
available at http://www.icj-cij.org/docket/files/102/10570.pdf (last visited on May 3, 2017).