ASEAN and a Janus-faced constitutionalism: the Indonesian case

This paper addresses the interaction between two ASEAN norms and Indonesia’s dual constitutionalism, particularly in the energy sector. The ASEAN norms are increasing foreign investment and private sector involvement. Indonesia’s dual system comprises two spheres of legislative action. In the first, the House of Representatives legislates subject to judicial oversight. In the second, the President passes regulations without judicial oversight, but with international oversight. Article 33 of the Constitution states that Indonesia’s natural resources must be controlled by the State. The Constitutional Court has ruled that the State’s control must be extensive. Furthermore, some DPR statutes are illiberal. However, because of some liberal Presidential regulations, the overall Indonesian regime converges with the ASEAN norms. I discuss how the President can do this. Finally, I discuss the desirability of this dual system for Indonesia and ASEAN economic integration.