THE ANALYSIS OF INDONESIAN INTENTION TO JOIN TRANS-PACIFIC PARTNERSHIP BASED ON THE PRINCIPLES OF DEMOCRATIC ECONOMY SYSTEM
Abstract
Presiden Jokowi‘s intention to join Trans-Pacific Partnership (TPP) is becoming a
long polemic up to now. The opposing group against the issues by delivering several
negative arguments, while the supporter standing with the benefits. The article aims to
elaborate the possibility of Indonesia to involve in the TPP in the perspective of
national economic system. By using a doctrinal method, it can be concluded as
follows; firstly; the President is not forbid to enter into international agreement.
Secondly, according to the Article 11 of 1945 Constitution, to enter into the
international agreement, President should have an approval from the Parliament.
Thirdly; the President is allowed to do the international agreement, including the TPP,
if the content of agreement is accordance with the Principles of Democratic Economy
system as stated on the Article 23 Paragraph (1), Article 27 Paragraph (2), Article 28
C Paragraph (1), 28H Paragraph (1), Article 31, Article 33 and Article 34 of the 1945
Constitution. Basically, the idea to join TPP can be proceeded by the Government of
Republic Indonesia, however President Jokowi needs to do several requirement
beforehand. The first requirement is related to the ratification of agreement by the
President which requires the approval from Parliament of Indonesia, since the impact
of the agreement will affect the national economic sector. The second is the President
should review again the document of TPP, comprehensively. Whether or not the
agreement trade deal is contradict with the Indonesian economic system as stated in
the Constitution. The third, President also needs to hear the opinion of experts and
other sources, especially from the resisting groups. Last of all, President should guarantee and make the people believe that the ratification of the TPP will be not
negatively impacted the Indonesian economic situation.