{
    "success": true,
    "data": {
        "id": 1687986,
        "msgid": "maki-challenges-international-agreements-law-at-constitutional-court-references-bop-1776664253",
        "date": "2026-04-20 11:29:10",
        "title": "MAKI Challenges International Agreements Law at Constitutional Court, References BoP",
        "author": "",
        "source": "DETIK",
        "tags": "",
        "topic": "Legal",
        "summary": "The Indonesian Anti-Corruption Society (MAKI) has filed a lawsuit against Article 10 of Law No. 24\/2000 on International Agreements at the Constitutional Court, demanding a three-month deadline for parliamentary approval to prevent executive overreach and potential corruption. The petitioners highlight Indonesia's participation in the Board of Peace (BoP), initiated by former US President Donald Trump, arguing that delays in ratification could lead to unchecked budget absorption and risks to national security and citizens' protection. This case underscores concerns over the balance of power in handling treaties related to peace, defence, and security, aiming to enforce constitutional mandates for timely legislative oversight.",
        "content": "<p>The Indonesian Anti-Corruption Society (MAKI) is challenging Law\nNo.\u00a024 of 2000 on International Agreements at the Constitutional Court\n(MK). They reference Indonesia\u2019s involvement in the Board of Peace\n(BoP), proposed by US President Donald Trump.<\/p>\n<p>According to the MK\u2019s official website on Monday (20\/4\/2026), the\nlawsuit is registered under case number 143\/PUU-XXIV\/2026. The\npetitioners are MAKI, represented by Boyamin Saiman and Supriyadi;\nLP3HI, represented by Arif Sahudi; as well as Rus Utaryono and Tresno\nSubagyo.<\/p>\n<p>They are challenging Article 10 of Law 24\/2000. The content of the\nchallenged article is as follows:<\/p>\n<p>The ratification of international agreements shall be conducted by\nlaw if it concerns:<\/p>\n<ol type=\"a\">\n<li><p>political matters, peace, defence, and national\nsecurity;<\/p><\/li>\n<li><p>changes to territory or determination of the state borders of the\nRepublic of Indonesia;<\/p><\/li>\n<li><p>sovereignty or sovereign rights of the state;<\/p><\/li>\n<li><p>human rights and the environment;<\/p><\/li>\n<li><p>the establishment of new legal norms;<\/p><\/li>\n<li><p>foreign loans and\/or grants.<\/p><\/li>\n<\/ol>\n<p>The petitioners request that the MK declare the phrase in Article 10\nof Law 24\/2000 on International Agreements, \u2018The ratification of\ninternational agreements shall be conducted by law if it concerns \u2026\u2019, to\nbe contrary to the 1945 Constitution and conditionally without binding\nlegal force unless interpreted as: \u2018no later than three months since the\naforementioned agreement is signed\u2019.<\/p>\n<p>They reference Indonesia\u2019s participation in the BoP. According to the\npetitioners, the absence of a time limit for ratifying international\nagreements through law has caused losses.<\/p>\n<p>\u201cWithout a three-month time limit, the executive can unilaterally\nabsorb budgets to implement the Board of Peace agreement or defence\nequipment without oversight, which could lead to state losses and\ncorruption practices. This loss is not hypothetical but real and certain\nto occur because the checks and balances mechanism is paralysed during\nthe delay period,\u201d they stated.<\/p>\n<p>The petitioners consider the BoP to involve matters of peace,\ndefence, and security. Therefore, according to the petitioners, the BoP\nmust be ratified through law within three months after the agreement is\nsigned.<\/p>\n<p>\u201cAllowing delays in DPR approval (undue delay) in the BoP or defence\nagreements means leaving citizens in an \u2018information and protection\nblind zone\u2019. If a conflict escalation affects Indonesian citizens, the\ngovernment cannot provide maximum protection because Indonesia\u2019s\nposition in the agreement has not yet been tested by the DPR. Therefore,\nthe maximum three-month limit is a concrete form of implementing the\nmandate of the Fourth Paragraph of the Preamble to the 1945 Constitution\nto ensure that citizen protection is not delayed by executive interests\nalone,\u201d they stated.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/maki-challenges-international-agreements-law-at-constitutional-court-references-bop-1776664253",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}