On 8 June 2023 the respective Ministers of Foreign Affairs of Indonesia and Malaysia signed the Treaty between Malaysia and the Republic of Indonesia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Southernmost Part of the Straits of Melaka (signed 8 June 2023, not yet in force) and Treaty between Malaysia and the Republic of Indonesia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Sulawesi Sea (signed 8 June 2023, not yet in force). While the texts of the agreements have not yet been released, the titles indicate further partial delimitation of the territorial seas as between the two opposite (SOM Treaty) and adjacent (Sulawesi Sea Treaty) states. The accompanying Joint Statement By The Honourable Prime Minister Of Malaysia And His Excellency President Of The Republic Of Indonesia (8 June 2023) affirms that the agreements follow “almost two decades of negotiations on maritime boundaries delimitation” and that the parties will seek the simultaneous entry into force of both treaties. In respect of the Sulawesi Sea Treaty, remaining land boundary ‘issues’ which could be of interest to maritime delimitation include in respect of the maritime feature of Pulau Sebatik, such as “the intertidal area in the east of Pulau Sebatik” and “the gap from the low water line to Point M”. The parties seek to resolve the remaining land boundary issues within one year (June 2024). Finally, “the two Leaders also agreed to task their maritime boundary negotiation teams to commence as soon as possible negotiations on all the remaining and outstanding maritime boundaries between both countries simultaneously”.
For wider context, on the SOM Treaty, see: Agreement between the Government of Malaysia and the Government of Indonesia on the delimitation of the continental shelves between the two countries (27 October 1969); Treaty between the Republic of Indonesia and Malaysia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Strait of Malacca (1970, in force 8 October 1971) and Treaty between the Republic of Indonesia and the Republic of Singapore relating to the delimitation of the territorial seas of the two countries in the western part of the Strait of Singapore (2009, in force 30 August 2010). For wider context on the Sulawesi Sea Treaty, see: Sovereignty over Pulau Ligitan and Pulau Sipadan (IndonesialMalaysia), Judgment (17 December 2002) and Agreement between the Government of the Republic of Indonesia and the Government of the Republic of the Philippines concerning the delimitation of the exclusive economic zone boundary (2014, in force 1 August 2019). Finally, on fisheries law enforcement concerning undelimited waters, the Joint Leaders’ Statement (8 June 2023) calls for effective implementation of the Memorandum of Understanding Between the Government of Malaysia and the Government of the Republic of Indonesia in Respect of the Common Guidelines Concerning Treatment of Fisherman by Maritime Law Enforcement Agencies of Malaysia and the Republic of Indonesia (27 January 2012).
De Maribus 