Rendishatara, Supo Firza and Trihastuti, Nanik and Prabandari, Adya Paramita (2025) LEGITIMACY REGARDING OVERLAPPING CLAIMS AS REFERRED TO THE JOINT STATEMENT BETWEEN INDONESIA AND CHINA IN THE PERSPECTIVE OF UNCLOS 1982. _045 HI 2025. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

In 2024, Indonesia and China released a joint statement that, for the first time, referred to the existence of “overlapping claims” between the two countries. This marked a significant departure from Indonesia’s long-standing position of not recognizing any overlapping maritime claims that contradict international law,
particularly UNCLOS 1982. This thesis aims to identify the existence of overlapping territories between Indonesia and China based on the UNCLOS 1982 and to study and analyse what is meant by "overlapping claims” as referred by the 2024 Indonesia – China Joint Statement. This study uses the normative juridical approach, with a descriptive analytical approach that best convey information from the results of the research. Secondary data is used as the main source in this research, using legal sources such as the UNCLOS 1982 and the VCLT 1969 as the primary legal material. Books and journals are used as secondary legal material and data from the UN is used as the tertiary legal material. Interviews with experts of relevant fields are used as supporting data of this research. Drawing from applicable laws, and relevant cases, the research concludes that the joint statement does not constitute a legally binding treaty and instead functions as a non-binding political declaration. This political nature reflects the meaning of “overlapping claims” used in the joint statement. The findings highlight the legal risks of using vague diplomatic language in international instruments, particularly when dealing with unresolved maritime boundaries.
Keywords: Legitimacy, overlapping claims, joint statement, UNCLOS 1982.

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