Kota Kinabalu: Warisan has urged the Federal Government to clarify reports of a joint oil and gas exploration agreement with Indonesia in the disputed Ambalat block, warning that Sabah’s maritime rights cannot be bypassed without state approval.
Warisan information chief Datuk Mohd Azis Jamman, in a statement today, said any bilateral deal involving Sabah’s maritime boundaries must first be presented to the state government and approved by the Sabah State Legislative Assembly, as required under the Malaysia Agreement 1963 (MA63).
“The Federal Constitution, read together with MA63, makes it clear that no boundary involving Sabah can be altered unilaterally by Putrajaya,” he said in a statement on Tuesday.
window.googletag = window.googletag || {cmd: []};googletag.cmd.push(function() {googletag.defineSlot('/22826383987/dailyexpress_inline', [1, 1], 'gpt-passback').addService(googletag.pubads());googletag.enableServices();googletag.display('gpt-passback');});Mohd Azis was responding to local and foreign media reports – including those by Indonesia Business Post, Jakarta Globe and Antara News – which claimed that Malaysia and Indonesia had reached an agreement to jointly explore natural resources in the Ambalat area.
“These reports claim there is now a joint understanding between Malaysia and Indonesia to explore natural resources in the Ambalat area – but Sabah has not been consulted. This is a violation of our constitutional rights,” he said.
He stressed that parts of the Ambalat block fall within Sabah’s maritime zone as defined in pre-1963 maps, and therefore cannot be treated solely as federal territory for negotiation.
He questioned whether the Malaysian Foreign Affairs and Defence Ministries, which were quoted as confirming the cooperation, had sought consent from Sabah before proceeding.
“Does this mean the Sabah government was consulted? Was this matter brought to the State Assembly? If not, then it is not just a breach of MA63, it is a betrayal of Sabahans’ rights,” he said.
Mohd Azis added that while Warisan supports peaceful diplomacy and bilateral cooperation, it must always be grounded in constitutional legality and respect for MA63.
“If the reports are inaccurate, the Foreign Ministry must immediately correct the record and seek clarification from the Indonesian media, as misinformation of this kind could jeopardise diplomatic ties,” he added.
He warned that any agreement involving Sabah’s waters without state approval could constitute a “contact breach” of MA63 and carry serious constitutional implications.
“This issue must be handled with full transparency, professionalism and a firm commitment to uphold Sabah’s sovereignty and the nation’s integrity,” he said.
Earlier, Deputy Chief Minister Datuk Seri Jeffrey Kitingan also expressed disappointment over Prime Minister Datuk Seri Anwar Ibrahim’s recent statement in Indonesia, agreeing to jointly develop the disputed Ambalat maritime region near Sabah’s maritime borders.
The Parti Solidariti Tanah Airku President, said it would be an insult if the announcement was made without prior consultation with the state government.
“I am disappointed to know this is happening, too. Ambalat has always been considered part of Sabah’s territorial waters.
“If this decision was truly made without consulting Sabah, then it is not good. It’s another way of bypassing Sabah’s rights. And we need an explanation,” he said.
Jeffrey said he would raise the matter in Parliament.
Malaysia and Indonesia have overlapping territorial claims on the 15,000 sq km Ambalat sea block, which is believed to hold significant crude oil reserves.
In 2023, deputy foreign affairs minister Mohamad Alamin said discussions about the Sulawesi Sea Treaty signed by Malaysia and Indonesia in June 2023 would not be held publicly to safeguard the sensitivity of the matter.
Sabah has been fighting hard to regain the continental shelf and territorial maritime area, one of the issues to be discussed as part of the state’s rights in the Malaysian Agreement 1963.
Jeffrey said under the Land Ordinance (Sabah Cap.68), submerged land, including the seabed up to the continental shelf, falls under Sabah’s jurisdiction. Land is a state matter under the State List in the 9th Schedule of the Federal Constitution, which includes land tenure, permits, and licences for mining activities.
Therefore, he said Sabah’s rights to manage and utilise its continental shelf, including the ownership and management of oil and gas resources, should be indisputable.
In August 2023, chief minister Datuk Seri Hajiji Noor had said Sabah remains firm in rejecting Indonesia’s claim over the sovereignty of the Ambalat area in the Sulawesi Sea.
