GOUGH WHITLAM RECEIVED GUGUSAN PULAU PASIR FROM SOEHARTO IN 1974 & ANTHONY ALBANESE GIVE BACK GUGUSAN PULAU PASIR TO PRABOWO SUBIANTO BEFORE 2029
LET ALL INDONESIANS SUPPORT PRESIDENT PRABOWO SUBIANTO TO GET BACK GUGUSAN PULAU PASIR FROM ANTHONY ALBANESE TO BE PART OF THE REPUBLIC INDONESIA BEFORE 2029
OPEN OFFICIAL LETTER TO:
?1.? PM OZ ANTHONY ALBANESE
?????? E-mail: [email protected]
?2.? PRESIDEN PRABOWO SUBIANTO
?????? Kementerian Pertahanan Republik Indonesia
????? Jl. Medan Merdeka Barat, Nomor 13-14
????? Jakarta Pusat 10110
????? E-mail: [email protected]
?Number: 02/OL/KOMLILAMORI/IV/2024
Regarding: GOUGH WHITLAM RECEIVED ILLEGALLY GUGUSAN PULAU PASIR FROM SOEHARTO IN 1974 & ANTHONY ALBANESE GIVE BACK FORMALLY GUGUSAN PULAU PASIR TO PRABOWO SUBIANTO BEFORE? 2029.
Dear Sirs,
?We, the Community of Median Line in Timor Sea in Indonesia known as “KOMLILAMORI” established on 14 July 2023 and led by PROF. YUSUF LEONARD HENUK, PH.D has sent our official PETITION REQUEST TO PM OZ & PRESIDENT RI on 24 July ?2023, Number: 19/KMLLTI/VII/2023, Regarding: “PETITION REQUEST FROM KOMLILAMORI: URGED BOTH LEADERS TO FINALISE A FAIR & PERMANENT BOUNDARY RI-OZ USING MEDIAN LINE BASED ON ARTICLE 76 UNCLOS 1982”, but no response from you all with the main purposes as follows:
We?all warmed both leaders from now on that resources in Timor Sea should not be disputed between Indonesia and Australia and should be solved using MEDIAN LINE principles, according to International law, i.e. Article 76 UNCLOS 1982, in order to serve not only a specific country’s interest, like Australia, but should ideally be shared with Indonesia as good friendship nations in Indo-Pacific regions.
From economic point of view, we all Indonesians particularly West Timorese have lost our oil resources in Timor Sea since Australia occupied illegally Timor Sea and Ashmore Reef and Cartier Islands (Gugusan Pulau Pasir) since 1970s based on MoU 74 Box signed on 7 November 1974. Consequently, shame on you all Australians as you all have stolen oil in Timor Sea since 1970s so STOP MENCURI MINYAK LAUT TIMOR”
In conclusion, it is a?great hope that the demolishment of MoU 1974 Box?will take place soon so the Rotenese and all Indonesian fishermen will sail free to enter their backyard in Ashmore Reef and Cartier Islands (Gugusan Pulau Pasir) as usual as they did in the past centuries. We also will get back our oil resources in Timor Sea since Australia occupied illegally Timor Sea and Ashmore Reef and Cartier Islands (Gugusan Pulau Pasir) since 1970s based on MoU 74 Box signed on 7 November 1974
?We then have sent again a SURAT TERBUKA to both dated 26 April 2024, Number : 01/ST/KOMLILAMORI/IV/2024, Regarding: “SOEHARTO MELEPAS GUGUSAN PULAU PASIR KE GOUGH WHITLAM TAHUN 1974 & PRABOWO SUBIANTO REBUT KEMBALI PULAU PASIR DARI ANTHONY ALBANESE TAHUN < 2029 which indeed we proved to both that our long struggle to get back our “backyard in the Timor Sea” occupied illegally by OZ led by "THREE MUSKETEERS" or "TIGA SERANGKAI" originally from Rote Island after OZ occupied illegally based on MoU Box 1974 which bravely appeared in different era: (1) Prof. Dr. Ir. Herman Johannes from University of Gadjah Mada (1974 – 1992), (2) Prof. Maria A. Noach, Ph.D from University of Nusa Cendana (1998 – date) and (3) Prof. Ir. Yusuf Leonard Henuk, Ph.D from University of Nusa Lontar (2023 – date). The main point of the SURAT TERBUKA has sent the important message to both via Twitter dated 25 April 2025 below:
?CRONOLOGIES OF THE STRUGGLE OF ROTENESE TO GET BACK THEIR BACKYARD IN GUGUSAN PULAU PASIR
(1)?Geographical Location and brief history of Ashmore Reef and Cartier Islanda (Gugusan Pulau Pasir)
The Ashmore Reef and Cartier Islands (Gugusan Pulau Pasir) are positioned at 120 and 15’ South Latitude - 1230?03’ East Longitude and 120?32’ South Latitude - 1230?33’ East Longitude. They are commonly called Nusa Solokaek by the Rotenese fishermen because it was firstly discovered by Foe Mbura in 1729. These islands located so close to the island of Rote, are about 75 miles (±?140 km) from the island of Rote, Rote Ndao Regency, East Nusa Tenggara Province, Indonesia, then to Australia about 190 miles (± 300 km) from north-west of North Western Australia.
According to Prof. Yusuf Leonard Henuk, Ph.D, Foeh Mbura, the 5th King of Nusak Thie and his entourage in 1729 sailed on the Sangga Ndolu Ship from Rote to Batavia and were stranded on Pasir Island. Foe Mbura then took a stick carved his name and stuck it in the sand and named it Nusa Solokaek. They then continued their journey to Batavia arriving in 1729 with the aim of seeking or seeking peace, prosperity and knowledge for the people of Nusak Thi'e in particular and Rote Ndao in general. After they finished studying for two years in Batavia, they returned to Rote in 1732.
Without doubt, we the Rotenese were discovered first Nusa Solokaek in 1729 than OZ’s ancestor from Europe in 1811, because the islands and their surrounding waters known as Gugusan Pulau Pasir were visited by Indonesian fishermen beginning about 1500. The first European to reach Cartier Island, in 1800, was a British sea captain named Nash, who sailed aboard the?Cartier. Ashmore Reef was discovered in February 1811 by Capt. Samuel Ashmore of the ship?Hibernia, for which another nearby reef was named
Therefore, Nusa Solokaek or Pulau Pasir, which is home to about 161 graves of the fishermen from Rote in the three coral islets. These sad stories are part of the catalogue of memory and history that embodies a collective attachment to place. In the minds of the Rotenese, and also have Indigenous peoples elsewhere, the presence of their ancestral remains and the fact of their ongoing presence here speaks of an attachment that is also one of ownership. The proximity of the island to their own was also cited as a reason for their sense of ownership.
Early Rotenese visitors to Pulau Pasir planted coconut palms to provide supplies and useful materials, and to mark the location of the best well. They also built low stone fences running down into the water to make fish traps. One man would shake a coconut palm leaf at the open end of the trap to stop the fish escaping, while others would throw grated coconut into the water. The coconut oil would spread out over the surface and make the water clear, so that the men could easily see - and spear - the fish in the trap. Over time, graves were also built on the westernmost island of Pulau Pasir, for fishermen who failed to make the return trip, victims of disease or accident on the journey. The graves were carefully tended by subsequent visitors from not only the Rotenese, but all fishermen from other part of Indonesia.
In conclusion, Ashmore island and Cartier Island (Gugusan Pulau Pasir) has been a favoured destination of Rotenese fishermen for centuries in their search for?marine products to trade on Asian market to China. Even, the Rotenese strongly believe that they have inalienable rights to Ashmore Reef and Cartier Islands, and still refer them as their ‘gardens in the ocean’, especially the Ashmore Reef?(Pulau Pasir) which is home of to about 161 graves (“kuburan”) of the fishermen from Rote in the the three coral islets. Indeed, the Rotenese along with other seafares from diversity of?islands and fishing communities in eastern Indonesia have been crossing these sea waters in small sailing wooden boats for centuries. Early Rotenese visitors to Pulau Pasir also planted cocomut trees (“pohon kelapa”) to provide supplies and useful materials, and to mark of the location of the best well (“sumur”).
(PULAU PASIR: https://www.youtube.com/watch?v=PC_nQjoqEAM)
?(2)??The establishment of Illegal MoU 74 Box
In the mind of?Rotenese, and also have indigenous peoples elsewhere, the presence of their ancestral remains and the facts of?ongoing presence here speaks of an attachment that is also one?of ownership. The proximity of the island to their own was also cited as a reason for their?sense of ownership. However, Australia blockaded Rotenese to enter their backyard in Ashmore Reef and Cartier Islands for long time.
In contrast, since 1974 Indonesia and Australia made illegally the MoU 74 Box signed on 7 November 1974 by ‘Lower level of officers’??or "Pegawai Rendahan" (A.G. Mollen, First Assistant Secretary of Fisheries Division, Australian Department of Agriculture (Australia) and Agus Yamak, Director of Consulate Affairs, Department of Foreign Affairs of Indonesia (Indonesia)?not qualified compared to Foreign Minister to represent the two countries that are not a valid maritime boundary treaty because the meaning of a memorandum is not legally enforceable compared to a treaty is an agreement between two countries which is binding at international law.
Personally, I strongly agreed with former President of U.S. President: “During?trade talks?with a representative of China in Washington in April 2019, U.S. President Donald Trump was asked by a reporter how long he expected U.S.-China memorandums of understanding to last. "I don't like MOUs because they don't mean anything," the former president replied, ?because MOU is a legal document but it is not necessarily legally binding (https://www.investopedia.com/terms/m/mou.asp).
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Consequently, Australia is committed several crimes towards the Indonesian traditional fishermen by caught and beaten them, burned and sunk their boats and ‘tried’ them unfairly when they found fishing in the area like they treated their Aborigines in the past. Until today more than hundreds Indonesian fishermen are in prisons in Australia without proper trial and legal assistance.
?Without doubt, the lost of the Rotenese’s backyard to Australia due to the fact the fact that the Indonesian diplomats failed to defend it or Indonesian delegation led by Professor Mochtar Kusumaatmadja having ‘sold the farm’ to Australia?in 1972 without the approval of the Rotenese. The fake 1972 seabed treaty between Indonesia and Australia was based on the now superseded international law principle of ‘natural prolongation’ of the continental shelf. In October 1972, when this fake MoU 74 Box concluded, Australia celebrated a ‘diplomatic coup’, having gained sovereignty over?85% of the maritime area in the Timor Sea under the fake MoU?74 Box.
In?1997 a bilateral agreement on seabed lines was made by Australia and Indonesia concerning Ashmore Reef and Cartier Island. In this agreement Australia proposed the seabed lines based on the UNCLOS 1982 (Median Line of the EEZ) which was signed in Perth-Australia on 14 March 1997 by the Australian Foreign Minister Alexander Downer and Indonesian Foreign Minister Ali Alatas. Australia deploy this agreement to claim the Ashmore Reef and Cartier Island as part of its territory. Nevertheles, Indonesia until today?never ratified?it based on Article 11 of the Perth Treaty. Therefore, the bilateral agreement of 1997 cannot be applied and the rights of Indonesian traditional fishermen cannot be demolished.
Without doubt, the 1997 OZ-RI maritime boundary treaty illegal because it is not fixed with the six key steps in Australia’s treaty-making process suggested by the the Australian Department of Foreign Affairs and Trade’s International Law: Advising and Treaties Section (Treaties Section). They are: (1) a mandate to negotiate the treaty from the Minister for Foreign Affairs, (2) the negotiation with other interested Commonwealth Government agencies, state and territory governments, or other interested stakeholders, as appropriate, (3) All treaty actions (including signing, ratifying, amending, terminating or withdrawing from a treaty) must be approved by the Federal Executive Council (ExCo). Following the conclusion of negotiations, the lead minister first seeks the agreement of the Minister for Foreign Affairs, the Attorney?General and any other ministers with a portfolio interest in the treaty, for Australia to become a party to the treaty and for the matter to be submitted to ExCo, (4) Once ExCo approval has been received, the treaty may be signed by Australia’s representative, (5) Following signature, treaties are tabled in both Houses of Parliament for consideration by the Joint Standing Committee on Treaties (JSCOT). Treaties are required to be tabled for 15 or 20 joint sitting days (days on which both Houses of Parliament are in session) depending on the category of the treaty (i.e. whether it is routine in form or not); and (6) Following receipt of JSCOT’s report, and prior to entry into force, any legislative changes required to implement the treaty domestically must have passed both Houses of Parliament. (https://www.dfat.gov.au/international-relations/treaties/treaty-making-process).
Historically, the all Rotenese know well that the 1878 annexation of Ashmore, seemingly, was not ratified and only temporarily occupied rather than settled, and was not unoccupied ?at the time of annexation, as Rotenese traditional fishermen fished and processed fish ashore seasonally. The fishermen fitted the designation ‘civilised’ as their ships papers always revealed Dutch colonial government authorization. ?
Without doubt, the Rotenese people still claimed Nusa Solokaek as part of their home land as well as their backyard over centuries? long before white people from Europe arrived in Australia. The main brilliant reason for their claimed is that the vast majority of its Australian owners have never visited it and never will, and live little idea of where it really is as compared to the Rotenese from Indonesia. These historical facts and brilliant mind proved that Nusa Solokaek is owned by Rotenese and is colonised by Dutch and thus it must be handled to Indonesia.
(3)??Indonesia Win Over Australia?of?The Ownership of Ashmore Reef and Cartier Island in Timor Sea in The Hague, The Netherlands
Current maritime border between the two countries [RI-OZ] is “outdated” and “unfair” to Indonesia. Historically, in 1972 to 1997, Indonesia and Australia agreed to four treaties (however, one of these isn’t ratified) which would determine the boundaries between the two countries in the Arafura and Timor Sea. The treaty established by Australia and Indonesia back then was based on the concept of the continental shelf – the underwater land mass which extends from a continent.
Australia’s claims that its continental shelf stretches to the Timor Trough resulted in it gaining more territory, resulting in greater access to petroleum resources. Currently, maritime law has moved away from using the continental shelf to determine a nation’s territory. ?The maritime law has moved away from using the continental shelf to determine a nation’s territory. Using the continental shelf as a means to gain territory in the seas is now seen as outdated as it usually favours the more “advanced” and dominant nation at the negotiating table. Which is why many now refer to the United Nations Convention on the Law of the Sea (UNCLOS).
Currently, maritime law has also moved away in Indonesia from using the continental shelf to determine a nation’s territory. Therefore, President Joko Widodo has signed the Indonesian Law Number 16 of 2023 concerning the Continental Shelf on May 12, 2023. Using the continental shelf as a?means to gain territory in the seas as now seen as outdated as it usually favours the more “advanced” and dominant nation at the negotiating table. Which is why many now?refer to the United Nations Convention on the Law of the Sea (UNCLOS) 1982.
Australia and Indonesia's maritime boundaries were agreed upon as early as 1971, when most of Australia's maritime boundaries were still based on the continental shelf, which extends well beyond the mean and very close to the coastlines of the Indonesian islands, e.g. Rote island. But international law has changed a lot and now prioritizes the median line, and no longer the continental shelf. The Article 76 of 1982 UN Convention on the Law of the Sea, for example, stipulates that "where the coasts of two states face or are close to each other, neither state has the right to expand its territorial sea beyond its median line."
Therefore, Yayasan Pulau Pasir Rote (YPPR) and Komunitas Median Line Laut Timor Indonesia (KOMLILAMORI) led by Prof. Yusuf Leonard Henuk, Ph.D has urged Indonesia to take Australia to The Hague - The Netherlands, they would have a very strong case over Australia. According to the Article 76 Paragraph 1 UNCLOS 1982, reads:
??In general, An Exclusive Economic Zone (0-200 nm from shore or out to a maritime boundary with another country) must be formally declared and established by a relatively straightforward procedure set forth in the Convention. A coastal Nation has sovereign rights over the natural resources in the waters above the seabed, the sea bottom and the underlying soil. It also may exploit and explore the water, current and winds for energy production, and includes jurisdiction for marine scientific research, protection of the marine environment and establishment of artificial structures.
?According to Article 287, Paragraph 1 UNCLOS 1982, reads: “Article 287, Choice of Procedure, “When signing, ratifying or acceding to this Convention or at any time thereafter, a State shall be free to choice, by means of a written declaration, one or more of the following means for the settlement of disputing concerning the interpretation or application of this Convention:
(a)??The International Tribune for the Law of the Sea established in accordance with Annex IV;
(b)??The International Court of Justice
(c)? An arbitral tribunal constituted in accordance with Annex VII;
(d)??A special arbitral tribunal constituted in accordance with Annex VIII for one of more of the categories of disputes specified therein.” ?
As Indonesia in 1985 and Australia in 1994 have ratified UNCLOS 1982 so If new border between the two countries were to be redrawn and based on the Article 76 UNCLOS 1982 and the Indonesian Law Number 16 of 2023 Article 3 Concerning the Continental Shelf, Indonesia will gain the majority of the territory where the Greater Sunrise fields are. Aside from its claims the Greater Sunrise fields, Indonesia also claims that the islands of Ashmore Reef and Cartier (Gugusan Pulau Pasir) belong to the Rotenese.
At the moment, both these islands fall under Australia’s territory according to the ‘fake’ 1972 treaty so it is logically stated by Prof. Yusuf Leonard Henuk, Ph.D that the border between two countries is redrawn to the median line between the two nations before 2029 same as OZ-NZ ?in 2004 and OZ-ET in 2018, then it would made these islands part of Indonesia owned by the Rotenese and they are prepared to build new province in the region called Rote-Ndao-Gugusan Pulau Pasir (RONDAPAS).
Without doubt, Indonesia must take Australia to The Hague is very clear. What is clear though is Indonesia’s entitlement to the territory. Most of the border agreement that were established were agreed upon when there were clear power imbalances between Western countries and Asian countries. Furthermore, when Indonesia’s treaty with Australia was signed, proper institutions to oversee such treaties were still being developed. Resources in the Timor Sea?should not be disputed between Indonesia and Australia to serve only a specific county’s interest like Australia, but should ideally be shared with Indonesia as good friendship nations in Indo-Pacific regions.
In conclusion, the Rotenese now must declare to urge both leaders as follows:
(1)??The Australian Government led by Anthony Albanese and the current Government of Indonesia under the presidency of Prabowo Subianto (2024 – 2029) must help the indigenous people of Rote to get back their rights peacefully to go to sea for the Rotenese on Ashmore and Cartier Island from Australia which are guaranteed in Article 18 B Paragraph (2) of the 1945 Constitution and Article 26 Paragraph (1) of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) which was ratified by the UN General Assembly in New York on September 13, 2007;
(2)??The Australian Government led by Anthony Albanese and he Government of Indonesia under the presidency of Prabowo Subianto (2024 – 2029) to fight for the sea boundary between Indonesia and Australia using the Median Line guaranteed by Article 76 of the International Law of the Sea (UNCLOS) 1982 and Article 3 of Law Number 16 of 2023 concerning the Continental Shelf so Indonesian state border?from North in Miangas Island to South in Pasir Island and then we will built new province in the region called Rote-Ndao-Gugusan Pulau Pasir (RONDAPAS) same as it ?has been implemented between the maritime boundary of ?Australia-New Zealand in 2004 and Australia-Timor Leste in 2018;
(3)?The Australian Government led by Anthony Albanese and particularly the Government of Indonesia under the presidency of Prabowo Subianto (2024 – 2029) to demand compensation for the many arrest and imprisonment of Indonesian traditional fishermen by the Australian Government using illegal Australian law based on the MoU Box 1974 until now which violates the provisions of Article 51 Paragraph 1 of UNCLOS 1982, reads:
?“Without prejudice to article 49, an archipelagic State shall respect existing agreements with other States and shall recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighboring States in certain areas falling within archipelagic waters. The terms and conditions for the exercise of such rights and activities, including the nature, the extent and the areas to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third States or their nationals.”.
(4) We all Rotenese now declared that there is no time for Australia has continued to cling to the principle of natural prolongation to support its rights to exploit seabed resources and retain its extensive borders in Timor Sea, yet in the past fifty years the continental shelf principle has fallen out of favour in the international courts, and no longer holds much legal value. Instead, it is the principle of equidistance, a median line between two coastal countries, that holds favour in international law. In which case, Australia would lose everything as it has been proved clearly in 2018 so the maritime boundary between Australia and East Timor was applied the principle of equidistance, a median line same as Australia and Indonesia before 2029.
As a result, as a good neighboring country, we all the Rotenese from KOMLILAMORI chaired by Prof. Yusuf Leonard Henuk, Ph.D (an alumnus of Ph.D from University of Queensland - Australia) propose the best solution to Australia that let us resolve the RI-OZ maritime boundary issue peacefully according to Article 296 UNCLOS 1982 so that Australia will not be embarrassed a second time after losing to East Timor in 2018.
Finally, no matter what the final results we will receive from our OPEN LETTER to both leaders, but the most important message we have done our best to our duty to our beloved country, Indonesia and particularly to fulfil the wishes of not only Rotenese fishermen from the Regency of Rote Ndao soon will be a Province of RONDAPAS before 2029, but our fellow Indonesian fishermen elsewhere, which have long been apprehended and accompanied by resultant suffering of cruel treatment from the Australian authorities since 1970s up to now.
?KUPANG, 27 APRIL 2024.
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