THE OWNERSHIP DISPUTE BETWEEN TWO ISLAND (SIPADAN-LIGITAN) AT THE BORDER INDONESIA-MALAYSIA

I. BACKGROUND DISPUTE
The case of Sipadan and Ligitan island began to emerge since 1969 when the Technical Team Indonesia-Malaysia Continental Shelf discuss the seabed boundary between the two countries. Both islands of Sipadan and Ligitan listed in Map Malaysia as part of the territory of the Republic of Indonesia, whereas the two islands are not listed on the attached map No. Perpu. 4/1960 which guide the technical team working Indonesia. With these findings Indonesia felt compelled to confirm both islands Sipadan and Ligitan. So they sought for a legal basis and historical facts and other evidence that could support the ownership of two islands. At the same time Malaysia claimed that two of the island as its own by making a number of reasons, the proposition of law and fact. Both sides said the two agreed to a temporary island in the "status quo". Twenty years later (1989), the problem both islands Sipadan and Ligitan new discussed again by President Soeharto & Prime Mahathir Mohammed.
II. DISPUTE SETTLEMENT STEP
A. In Bilateral (diplomatic)
Three years later (1992) the two countries agreed to resolve this issue Bilaterally ispreceded by a meeting of high officials of both countries. The results of the meeting of highofficials agreed on the need to establish the Joint Commission and Joint Working group (Joint Commission / JC & Joint Working Groups / JWG). But from a series of meetings held JC and JWG doesn’t bring results, both parties hold (comitted) in principle each different to overcome the impasse. Moerdiono Gol appointed State Secretary and was appointed Deputy Prime Minister of Malaysia Anwar Ibrahim Datok as Special Representative of the government to dilute the deadlock forum JC / JWG. But of the four meetings in Jakarta and Kuala Lumpur have never reached the agreement.
B. International Court of Justice
At the meeting date. 6 to 7 October 1996 in Kuala Lumpur President Soeharto and Prime Mahathir approved the special representative and the subsequent recommendations of date. May 31, 1997 approved the "Special Agreement for the Submission to the International Court of Justice the the between Indonesia & Malaysia Dispute Concerning the Sovereignty over Sipadan and Ligitan ". Special agreement was then formally submitted to the Supreme International (MI) on 2 November 1998. With the litigation process Sipadan and Ligitan in MI began to take place. Further explanation of the twoislands is entirely in the hands of RI.
Nevertheless, the two countries still have the obligation to submit their respective positionsthrough "Written pleading" Memorial to the Court on 2 November 1999 was followed,"Counter Memorial" on August 2, 2000 and "reply" on March 2, 2001. Furthermore, the process of "Oral hearings" of the two countries dispute in 3 to 12 June 2002. In the face ofthe material prepared above and Indonesia formed a special task force (SATGASSUS) consisting of various relevant institutions are: Ministry of Foreign Affairs, Ministry of Home Affairs, Department of Defence, TNI headquarters, Dep. Energy and human resources, Dishidros Navy, regent, marine experts and international marine legal experts.
ICJ / MI in-trial proceedings in order to take the final decision, regarding the status of the two islands do not use (refuse) materials submitted by the law of both countries, but use the rules of evidence of other criteria, namely "Continuous presence, effective occupation, maintenance and ecology preservation" . In the injunction decision, the International Court of Justice ruled that "Indonesia's argument That it was successor to the Sultanate of Bulungan... can not be accepted". Meanwhile, the International Court also affirmed that "Malaysia'sargument That it was successor to the Sultan of Sulu ... can not be upheld".