In the Constitutional Court Session, Experts Call the National Resources Management Law a Contrarian to the 1945 Indonesian Constitution

Dwi Bowo Raharjo | Ria Rizki Nirmala Sari

Monday, October 25th, 2021 | 14:24 WIB

Suara.com – The Constitutional Court (MK) held a hearing regarding the Judicial Review of Law Number 23 of 2019 concerning the Management of National Resources(PSDN)for National Defense Against the 1945 Constitution of the Republic of Indonesia. The trial with case Number 27/PUU-XIX/2021 took place offline and online, Monday (25/10/2021).

According to expert Aan Eko Widiarto, the reserve component (Komcad) which is regulated in the National Resources Management Law is considered contrary to Article 30 Paragraph 2 of the 1945 Constitution of Indonesia.

Aan said in Article 30 paragraph 2 of the 1945 Constitution of Indonesia, the reserve component were explained that the military and the police are the main forces in defense and security, while the people are the supporting forces.

Meanwhile, he sees that in the National Resources Management Law (PSDN) Law there is a provision that confuses the main power with the supporting power.

"All provisions governing reserve components in the PSDN Law contradict Article 30 Paragraph 2 of the 1945 Constitution," Aan said in his presentation broadcast live via the Constitutional Court's YouTube channel, Monday.

The reserve component's existence is considered by Aan to cause the position of citizens to be unclear as stated in Article 28 Article 1 of the PSDN Law. In that article it is explained that Komcad consists of citizens, natural resources, artificial resources and national facilities and infrastructure.

Then the component is called a loyalty towards the effort of defending the nation which is voluntary.

However, Article 29 of the PSDN Law explains that the reserve component is prepared to be deployed through mobilization in order to enlarge and strengthen the strengths and capabilities of the main components in dealing with military threats and hybrid threats. Still in the same article, the citizen in question is not a member of the military or the police.

"Thus, if it is deployed through mobilization to enlarge and strengthen the strength and capabilities of the main components in dealing with military threats and hybrid threats, the status of these citizens will be confused with their status as civilian citizens or citizens who are members of the military or the police."

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