Indonesia’s Cooperation with ASEAN Countries in Handling Transnational Crime Cases: South China Sea Dispute

The dispute over the South China Sea is one of the disputes that has a high potential for conflict, especially in the ASEAN region. The South China Sea is a sea that irrigates many countries, such as Brunei, Malaysia, Vietnam, the Philippines China, Taiwan and Indonesia itself. Many things belong to the South China Sea, ranging from strategic interests and natural resources owned by the South China Sea. ASEAN in general and Indonesia specifically want territorial disputes in the South China Sea not to escalate into armed conflict. Therefore, Joint Development Authorities are formed in overlapping claim areas to develop the area and share the proceeds fairly without resolving the issue of sovereignty over the territory. Although not directly involved, Indonesia is neutral in disputes in the South China Sea. Indonesia has an interest in reducing the potential for such conflicts. The legal and diplomatic approach in the South China Sea conflict has been carried out by Indonesia for a long time, since the first president to the seventh president, President Jokowi and until now Indonesia is actively conducting diplomacy to realize a conducive and peaceful territorial area.


INTRODUCTION
As Exclusive Economic Zone (ZEEI) which has been regulated in Law no. 5 of 1983, and has sovereign rights over additional zones, as well as sovereign rights over the seabed and subsoil thereof outside the Indonesian territorial sea, namely the Indonesian Continental Shelf. In addition, Indonesia's sea area is 5 million km, which is divided into 3 million km2 which is the ZEEI, and 2 million km2 is the territorial sea and Indonesian archipelagic waters. (Azizah and Sari 2014).
This international law serves to provide a way how the disputing parties can resolve their disputes according to international law. In addition, it should also be stated that a dispute is not a dispute according to international law if the settlement does not have an impact on the relationship between the two parties. An international dispute is a dispute between subjects of international law concerning facts, law or politics in which the claim or statement of one party is rejected, counterclaimed or denied by the other party. An international dispute occurs when: Such disputes involving governments, juristic persons (legal entities) or individuals in different parts of the world occur because: 1) Misunderstanding about a thing; 2) One party intentionally violates the rights or interests of another country; 3) Two countries disagree on a matter; 4) Violation of international law or treaties (Internasional 2021).
Settlement of disputes or conflicts regulated in international law has several principles, namely: 1) The principle of good faith, which is the fundamental and most central principle in the resolution of disputes between countries. This principle is reflected in two stages, first; the principle of good faith is required to prevent disputes that may affect good relations between countries; second, this principle is required to exist when the parties resolve their dispute. Section 1 paragraph 5 of the Manila Declaration requires the existence of this good faith principle in an effort to resolve disputes more quickly.
2) The principle of prohibiting the use of violence, namely the principle that forbids the parties to resolve their dispute by using weapons (violence).
3) The principle of freedom to choose ways to resolve conflicts.
4) The principle of freedom to choose the law to be applied, namely the parties have the freedom to determine for themselves what law will be applied if the dispute is resolved by the judiciary.
5) The principle of agreement of the parties, namely the principle of agreement of the parties is a fundamental principle in the resolution of international disputes. The principle of freedom to resolve conflict resolution methods and choose the law to be applied will only be realized if there is an agreement between the parties.
6) The principles of international law regarding the sovereignty, independence and territorial integrity of states.
7) The principle of neutrality, which is a principle that must exist in the resolution of conflicts or disputes involving third parties. According to Bindschedler, the elements of impartiality and neutrality are the keys to the success of the conciliation function, because only with these two elements can objectivity be guaranteed (Toruan 2020 jurisdictions and sovereignty as a source of conflict in the South China Sea still exists and has not been resolved (Satyawan 2010).

LITERATURE REVIEW
Maritime security of a region is the concern of many countries, especially big countries such as the United States, the People's Republic of China, Russia, and the United Kingdom. Each country issues policies related to maritime security. This indicates that maritime security has a significant position for the major powers at the regional and global levels in international relations. The maritime security concept of these countries is driven by the interests of political, economic, and even social and cultural security.
The South China Sea is no exception, which is a strategic location between the Indian Ocean and the Pacific Ocean, which has attracted the attention of many parties.

A. Indonesian Marine Law: The Future Challenges on Law Enforcement
Geographically, Indonesia is a maritime country, which has a sea area of 5.   The South China Sea conflict is a regional security issue

B. Scope of the South China Sea: How
that has yet to reach a settlement point and is prone to destabilizing the region in the future. The dispute was initiated by a unilateral claim by China to expand its territorial waters to reach the territorial waters of the Philippines, Taiwan, Vietnam, Brunei Darussalam, and Malaysia. This conflict requires a fixed and binding settlement, because otherwise the potential for territorial seizure is very large (Arifianto 2018).

C. South China Sea Dispute
There are at least 3 (three) things that make the South  (Roza et al., n.d.). (UNCLOS). This means that if there is a country that wants to claim a territory that is included in the Indonesian EEZ it will be a big problem because it will interfere with indonesia's territorial integrity. Indonesia is not a country that claims territory (non claimant state), but Indonesia is involved in this conflict. Indonesia's involvement in this conflict is based on the national interest to participate in the maintenance of world peace and awareness of the benefits of resolving the conflict ("Tidwell, Alan C. Conflict

Resolved? A Critical Assessment of Conflict Resolution.
London: Pinter, 1998Pinter, .," 1999. China Sea as a SLOC because it is the main route connecting the world economy (East to West and vice versa). As one of the users of this route, of course, Indonesia will feel a significant impact on its economy if some disputes or conflicts limit or even close the South China Sea (Lubis, n.d.).
Asean Political and Security Community (APSC) is a framework or guideline formed with the aim of realizing a peaceful ASEAN community with a lack of security dilemmas, provided asean is able to manage the use of military force of its members in order to resolve each dispute issue. The APSC framework has sub-forums for dialogue, meetings between delegations, and various cooperations that Indonesia can use to reduce potential conflicts in the South China Sea, in particular: 3) Indonesia can maximize the function of the ASEAN Regional Forum (ARF), where the initial purpose of ARF was formed as a means for ASEAN to build constructive dialogue and consultation every year related to political and security issues based on common interests. ARF also produces various forms of agreements and cooperation frameworks in order to build mutual trust in the Southeast Asia Region.
If Indonesia consistently maximizes defense diplomacy as the above points, it will create confidence building measures and mutual trust between interested countries in the South China Sea, it will certainly reduce the potential for conflict. In addition, as a country that has influence derived from extra-regional powers on each ASEAN member. Asean's integration agenda of upholding organizational autonomy by maintaining its relationships with external forces and maintaining its collective neutrality is the greatest challenge to achieving solid integration in order to maintain regional political-security stability and peace.
The governments of each ASEAN country should take a stance and policy, considering the maritime area issues are very complex, the governments of each ASEAN country must maintain good relations with each other both with claiming and non-claiming countries and maintain regional security stability in the region. South China Sea Region.
Regarding the actions that must be taken by ASEAN the South China Sea between the ASEAN Navy and the Chinese Navy. With the enactment of the COC, each Navy implements a conflict prevention mechanism at sea. This COC mechanism is very important to reduce the escalation of conflict so that it does not escalate into war. Parties with an interest in COC can also be more open, not only between the Navy, but also between the Coast Guard. So, the warships, Coast Guard ships, and warplanes of the respective ASEAN countries and China all respect the COC.

CONCLUSION
The role of Indonesia and ASEAN in the Natuna Block South China Sea conflict cannot be separated from the current government regime, namely the government of President Joko Widodo. The first point of emphasized that his mission will be to present the state to protect the nation (including its people) and provide a sense of security to all citizens, through a free and active foreign policy, trusted national security, defense development based on national interests, and strengthening identity. as a maritime nation.
Indonesia's free and active foreign policy is based on the geopolitical approach, the defense and security approach, the legal and diplomatic approach, and the economic cooperation approach. The defense and security approach in Indonesia's foreign policy on the Natuna Block South China Sea conflict is not the main option, but as a world maritime axis country, it must be able to show its military strength in maintaining territorial sovereignty. Jokowi is increasing Indonesia's military budget in stages with the main aim of upgrading the existing defense equipment and adding to the missing weapon systems. The development of a military base is also needed at national boundaries and areas that are prone to conflict, crime, and disturbances in security and order that threaten the territory and citizens of Indonesia.
The legal and diplomatic approach in the South China Sea conflict has been carried out by Indonesia for a long time, since the first president to the seventh president, President Jokowi and until now Indonesia is actively conducting diplomacy to create a conducive and peaceful territorial area. Indonesia has long been known as a key factor in negotiations. and the birth of various norms of the ASEAN Way and ASEAN development such as the establishment of the ASEAN Political-Security Community and the Bali Democracy Forum. Indonesia is also a peacemaker or trusted mediator in various regional conflicts, such as the Thailand-Cambodia conflict and the Philippines and Myanmar conflicts.

DECLARATION OF CONFLICTING INTERESTS
The Author(s) declare that there is no potential conflict of interest in the research, authorship, and/or publication of this article.