The Identification of Facts and Legal Issues as First Steps Towards Fair Settlement of the Delimitation Dispute Over the Ambalat Block Between Indonesia and Malaysia

The purpose of this research is not to draw a conclusive limitation of the delimitation claims over Ambalat Block by both Indonesia and Malaysia. Rather this research shall act as a preliminary study to identify the issues and legal principles behind the dispute in order to reach an equitable sharing of resources. This research is a legal research, thus the data collecting method emphasizes on literature research to obtain primary legal material, secondary legal material and non-legal materials, which afterwards analyzed qualitatively using statutory approach. The result of the research showed that: (i) According to the identified facts and law, both Indonesia and Malaysia possess potential to claim over the Ambalat Block which are affected by the judgment of International Court of Justice in 2002; (ii) The identified legal premise comprises of three legal problem that needs to be addressed in the negotiation which are (a) Whether Sipadan and Ligitan Island qualified to be identified as an island under article 121 of United Nations Convention of Law of the Sea 1982, (b) Is the principle of “effective control” applicable as the legal basis to claim over continental shelf and (c) is the principle of equitable solution detrimental to the determination of delimitation of continental shelf.   Keywords: Ambalat Block, continental shelf, dispute, Indonesia, Malaysi