By Daniel John Jambun President Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) expresses grave concern over conflicting but deeply troubling reports surrounding the alleged cession of Malaysian territory along the Sabah–Kalimantan border to the Republic of Indonesia.
Today, Opposition Leader Datuk Seri Hamzah Zainudin publicly pressed the Federal Government to explain reports that 5,207 hectares of land may have been ceded to Indonesia, stressing that Putrajaya must uphold transparency in matters involving national sovereignty.
BoPiMaFo agrees.
But the issue has now gone beyond transparency.
Indonesian Media Report Sabah Land Was Already Ceded
BoPiMaFo notes with serious alarm that Indonesian media have reported that Malaysia has already ceded more than a thousand hectares of its land in exchange for the recognition of three villages — Kampung Kabulangalor, Kampung Lepaga, and Kampung Tetagas — located on Pulau Sebatik along the Sabah–Kalimantan border.
According to these reports, Indonesia’s National Border Management Agency, through its official Makhruzi Rahman, stated that this development followed a territorial settlement agreement in which the international borderline was shifted.
If accurate, this is no longer a hypothetical concern.
It would represent an accomplished act with irreversible consequences.
Sabah Land Is Not Federal Property
BoPiMaFo states unequivocally:
No land belonging to the State of Sabah can be surrendered, ceded, exchanged, or transferred to any foreign country without the prior approval of the Sabah State Legislative Assembly.
This is a constitutional fact.
Under the Federal Constitution, land is a State matter. Sabah’s territory does not vest in the Federal Government. Sabah did not join Malaysia so that its land could later be adjusted, re-drawn, or traded away by federal authorities to resolve diplomatic or administrative disputes.
Any attempt by Putrajaya to shift borders involving Sabah land without State Assembly consent would be ultra vires, unconstitutional, and a serious breach of federalism.
Transparency Is No Substitute for Consent
While Hamzah Zainudin’s call for transparency is necessary, BoPiMaFo stresses that even a transparent process is unlawful if it excludes Sabah’s constitutional role.
Any territorial settlement involving Sabah must:
Be disclosed to the Sabah State Government
Be tabled and debated in the Sabah State Legislative Assembly
Receive the Assembly’s express approval before any agreement is reached or implemented
Anything less is a usurpation of state authority.
A Direct Challenge to MA63 and Federalism
If reports that Sabah land was ceded without State Assembly approval are true, this would constitute:
A breach of the Malaysia Agreement 1963 (MA63)
A serious erosion of Sabah’s autonomy
A dangerous precedent for future territorial and resource disputes
Sabah and Sarawak are not administrative regions.
They are constitutional partners in the Federation.
BoPiMaFo’s Call
BoPiMaFo calls upon the Federal Government to:
Immediately clarify whether any territorial settlement involving Sabah land has been concluded
Respond specifically to the Indonesian government’s reported statements
Publicly affirm that no Sabah territory has been and will be surrendered without State Assembly approval
Silence or evasiveness on this issue will only deepen public mistrust.
Sabah’s land is not negotiable.
Sabah’s consent is not optional.
