ASIATODAY.ID, JAKARTA – Indonesia’s constitutional principles and long-standing foreign policy doctrine could be at risk under the newly circulated Board of Peace (BoP) Charter, according to leading international law expert Hikmahanto Juwana, Professor of International Law at the University of Indonesia.
In a formal statement, Hikmahanto raised serious concerns over the scope, structure, and leadership model of the proposed Board of Peace, warning that it could undermine state sovereignty and contradict Indonesia’s free and active foreign policy.
A Mandate That Rivals the UN Security Council
Hikmahanto noted that the BoP was not established to implement former US President Donald J. Trump’s 20-point proposal on resolving the Israel–Hamas conflict. Instead, its mandate—outlined in Chapter I of the BoP Charter—is far broader.
The Charter states that BoP seeks to “promote stability, restore reliable and legitimate governance, and secure lasting peace in regions affected or threatened by conflict.”
“This mandate potentially overlaps with, and even rivals, the authority of the UN Security Council, which under Article 24(1) of the UN Charter holds primary responsibility for maintaining international peace and security,” Hikmahanto said on Sunday, January 25, 2026.
Trump Holds Dual and Dominant Authority
One of the most controversial elements of the BoP Charter, according to Hikmahanto, is the dual status of Donald J. Trump.
Under Article 3.2(a), Trump is designated as both the first Chairman of the Board of Peace and the first representative of the United States.
As Chairman, Trump’s position is effectively irreplaceable. Article 3.3 allows for a change of Chairman only in the event of voluntary resignation or incapacity, as unanimously determined by the Executive Board—whose members are themselves appointed by the Chairman.
“The Chairman’s authority is overwhelming,” Hikmahanto stressed.
“Trump decides which states may join, which may be expelled, and he holds final authority in disputes between member states.”
This structure, he argued, could place Trump above future US presidents, despite the fact that under the US Constitution, executive power rests with the President.
Power Above the State
Further concerns arise from the composition of the Executive Board. Under Article 4.1(a) of the Charter, all Executive Board members are appointed directly by the Chairman.
Hikmahanto questioned whether such a concentration of power is compatible with Article 1(2) of Indonesia’s 1945 Constitution, which declares that sovereignty resides in the people and is exercised according to the Constitution.
He also warned that the BoP Charter could conflict with Article 3 of Indonesia’s Foreign Relations Law, which mandates that Indonesia’s foreign policy be independent and active, serving national interests.
“How can Indonesia pursue an independent and active foreign policy within an international organization where ultimate authority rests in the hands of a single individual?” he asked.
Indonesia Not Automatically a Member
Hikmahanto emphasized that Indonesia would not automatically become a BoP member, even if the Charter were signed by the President.
Article 11.1(b) of the BoP Charter requires ratification through domestic procedures, although it calls for provisional application.
Under Article 10 of Indonesia’s International Treaties Law, any international agreement involving political matters, sovereignty, or the creation of new legal norms must be ratified by legislation.
“The BoP Charter clearly touches on geopolitics, sovereignty, and introduces unprecedented legal norms—namely, authority above that of sovereign states,” Hikmahanto said.
Parliament and Public Scrutiny Essential
Given these implications, Hikmahanto stressed that Parliament and civil society will play a decisive role in determining whether Indonesia ultimately ratifies the BoP Charter.
“This is not merely about joining a new international organization,” he concluded.
“It is about Indonesia’s position in the global order and the preservation of constitutional sovereignty.” (AT Network)
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