Press Release
Wahana Lingkungan Hidup Indonesia (WALHI)/Friends of the Earth Indonesia
Jakarta, February 23, 2026—WALHI asserts that the Agreement on Reciprocal Trade between Indonesia and the United States (US), signed by Prabowo Subianto and Donald J. Trump, is unconstitutional and undermines Indonesia's ecological sovereignty. This agreement sacrifices Indonesia's sovereignty over its natural resources and perpetuates the deprivation of people's living space.
WALHI considers this agreement to be in clear violation of Article 33 of the 1945 Constitution, which states that the earth, water, and natural resources contained therein are controlled by the state and used to the greatest extent possible for the prosperity of the people.
Boy Jerry Even Sembiring, National Executive Director of WALHI, stated that this agreement actually paves the way for the transfer of control and ownership of Indonesia's natural resources to foreign investors.
“This action is a form of surrender of ecological sovereignty that directly contradicts the constitutional mandate,” said Boy.
In essence, the US is granted unlimited access to the mining sector, particularly critical minerals such as nickel, cobalt, copper, lithium, and rare earths, as well as other mining commodities. This agreement also constitutes a transfer of control over processing and refining through smelters and refineries, distribution and export of natural resources, and management of power generation services (Article 6.1). In other words, Indonesia is not merely selling raw materials, but is handing over its entire natural resource value chain to US interests.
Furthermore, this agreement requires Indonesia to guarantee unrestricted US investment ownership in the mining sector, nature-based development projects (carbon business), the fisheries sector, and ecosystem services (Article 2.28). The sectors covered by the agreement are the most strategic for the nation's survival, and by surrendering them, this agreement paves the way for massive environmental damage and inevitable social conflict.
In the midst of an ecological crisis that is destroying Indonesia, the government should be implementing the constitutional mandate of TAP MPR IX/2001 and Law PPLH 32/2009, which mandate the protection of natural resources and management focused on people's sovereignty, rather than relinquishing control to foreign hands.
In addition to contradicting Article 33 of the 1945 Constitution, the process of forming this agreement is also considered constitutionally flawed. Boy Jerry Even Sembiring considers this agreement to have been made in violation of Article 11 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Constitutional Court Decision Number 13/PUU-XVI/2018, because it was made without consultation and approval from the House of Representatives (DPR).
“This means that the agreement is unconstitutional, both in terms of substance and the procedure for its formation,” Boy asserted.
WALHI reminds Prabowo Subianto, as head of state, not to abandon his moral compass as leader of the country. National interests should not be narrowed down to merely investment interests and geopolitical transactions between elites, but must be understood as a constitutional obligation to protect the entire Indonesian nation, including future generations. Any agreement—including with the United States—must comply with the mandate of the 1945 Constitution, ensuring that sovereignty over natural resources remains in the hands of Indonesia by placing environmental protection and public safety as non-negotiable objectives.
Therefore, WALHI also urges the Indonesian House of Representatives to fully exercise its constitutional functions, particularly its supervisory function over policies and international agreements that have a broad impact on the people and natural resources. The House of Representatives must not be a mere spectator in strategic decisions concerning the sovereignty of the state and must use its supervisory authority to demand the cancellation of the Reciprocal Trade Agreement between Indonesia and the United States.
For more information:
Wahana Lingkungan Hidup Indonesia,
Jln Tegal Parang Utara Nomor 14, Mampang Prapatan, Jakarta Selatan
email: [email protected] | instagram: @walhi.nasional | x: @walhi.nasional
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Handphone: (+628115501980)
