Ervana Trikarinaputri, Jakarta – Indonesian Legal Aid Foundation (YLBHI) chair Muhammad Isnur believes President Prabowo Subianto has violated the constitution by signing the reciprocal trade agreement with his US counterpart Donald Trump, as well as the Board of peace charter.
The trade pact between Indonesia and the U.S. was signed on February 19, while the Board of Peace charter was inked the previous month on January 22.
According to Isnur, Article 11 of the 1945 Constitution mandates that the head of state must gain the approval of the House of Representatives before signing a deal with another country.
Article 11 paragraph (2) states, "The President when concluding other international treaties that give rise to extensive and fundamental consequences to the life of the people related to the financial burden of the state, and/or compelling amendment or enactment of laws shall be with the approval of the House of Representatives."
The Board of Peace membership and the trade deal with the U.S. however, were not greenlighted by the parliament. "The president is clearly overreaching the constitution," said Isnur during a public discussion broadcast by Imparsial on YouTube on Wednesday, February 25.
Isnut also slams the plan to send soldiers to the Gaza Strip through the International Stabilization Force (ISF). According to Isnur, if Indonesia, as a member of the United Nations, intends to send peacekeeping troops, it must be based on a mandate from the UN Security Council.
Dispatching peacekeeping troops to conflict areas must also refer to Presidential Regulation Number 85 of 2011 concerning the Coordination Team for Peacekeeping Missions.
The deployment to Gaza ought to be based on a UN-specific request that will then be subsequently discussed with the parliament. The dispatching of soldiers must also refer to various laws, including the TNI Law and the National Defense Law.
The aforementioned agreements with the U.S. contradict Indonesia's non-aligned and active diplomatic approach. By signing the trade deal and joining the Board of Peace, according to Isnur, Indonesia has made its stance clear – under Trump's control, aligning with the American bloc. "And jeopardizes [Indonesia's] sovereignty by doing so," said Isnur.
Source: https://en.tempo.co/read/2089399/ylbhi-prabowo-overreaches-constitution-by-signing-trump-trade-pac
