As
part of a self-proclaimed 'constitutional jihad,' a group of activists led
by former Muhammadiyah chairman Din Syamsuddin has been trying to
overturn provisions of Indonesia's laws on investment, foreign exchange
and electricity. And they have done so with success, as earlier this year their
judicial review request on the water resources law was granted by the
Constitutional Court, which revoked the law and reinstated the 1974 Water Law
until a new measure is adopted.
The
group is now planning to bring other claims against some 150 laws
which they believe to be contrary to the Constitution, particularly the
economic principle that land and other natural resources must be controlled by
the state for the welfare of all Indonesian people.
In their
legal suit against the foreign exchange regime, for example, the group is
trying to remove Article 2 of Law No. 24 from 1999, which states that every
resident is free to possess and use foreign exchange. The group’s view is
that this provision has made Indonesia’s foreign exchange regime too
liberal and therefore in contradiction to the Constitution.
But the
group also seeks to eliminate the role of private players on the nation's
electricity market and to limit the number of the business
sectors accessible to foreign investors, to name two other
contentious examples.
Economic nationalism
Michael
A. Heilperin in his seminal "Studies in Economic Nationalism"
describes economic nationalism as “a body of economic policies aimed at
the loosening of the organic links between economic processes taking place
within the boundaries of a country and those taking place beyond the
boundaries.”
The rise
of economic nationalism in the 20th century was the result of several
concurrent phenomena, including globalization and economic insecurity and
inequality. The vast pace of globalization has long been perceived by
certain elements in society as a threat to national autonomy and cultural
identity. Economic insecurity and inequality might thus also revive nationalist
sentiments in a country, and such sentiments are often carried out in the form
of restrictive economic measures like trade barriers, policies that favor
local workers and industries, and measures that hamper foreign direct
investment.
Sometimes,
the failure to solve global economic crises is attributed to an
over-reliance on major international economic bodies such as the International
Monetary Fund and the World Bank. Economic instability thus often opens
the door to protectionist policies, and the blaming of import and the influx of
foreign workers for the bad performance of the domestic economy.
Income
inequality also leads to the view that only the elites enjoy the benefits
generated by globalization.
All
these circumstances make economic nationalism an appealing and popular
dogma for politicians and constituents alike. It offers
the promise of preserving cultural heritage while defending
national interests and upholding national autonomy in an increasingly
globalized world.
'Made in the world'
Economic
nationalism can manifest itself in various forms -- one of which is the
well-known "buy local" campaign.
Many
people assume that they fulfill their patriotic duty and help
the national economy by choosing local products over foreign ones.
However, as economies are more interconnected than ever because of global
value chains (GVCs), such campaigns make less and less sense.
According
to the OECD report on "Interconnected
Economies: Benefiting From Global Value Chains," more
than half of the world’s manufacturing imports and 70 percent of the world’s
services imports are intermediate goods and services.
In other
words: most goods and services are “Made in the world” rather than just “Made
in America” or “Made in China.”
Far-reaching consequences
The judicial
review quest launched by the Muhammadiyah-led group is an extreme form of
economic nationalism and it could impose constraints on how Indonesia can
interact economically and commercially with other countries.
A 2012
United Nations Conference on Trade and Development (UNCTAD) discussion paper on
"Trade, Income Distribution
and Poverty in Developing Countries" suggests trade
liberalization generally improves aggregate welfare, although gains might be
small and unequally distributed. Constraints on income distribution tend to
come from various factors such as infrastructure, people skills and policy.
Of
course, trade liberalization alone is insufficient to boost growth. It
should be sustained by robust institutional elements, such as the rule of law
and good governance.
It is
still unclear how the Constitutional Court will rule on the remaining judicial
review cases, but if certain provisions or even entire laws are annulled,
the rulings would have far-reaching implications for the Indonesian economy.
Adverse
rulings would not only weaken the business and investment climate in Indonesia,
but also undermine the rule-making authority of the executive and legislative
branches to test private-public business models or attract private
investors -- domestic or foreign. In any case, we need to recognize that
pursuing aggressive forms of economic nationalism insistently would pose a huge
risk to our economy.
Malign or benign?
Benjamin
Cohen in his book "Crossing Frontiers: Explorations in International
Political Economy," distinguishes between malign and benign forms of
economic nationalism.
Aggressive/malign
types of economic nationalism -- from high protectionist barriers to
the exclusion of foreign investment and technology -- are known to have
negative impacts on a nation’s economy and are thus not a good way to solve
poverty and income inequality problems.
As Cohen
says: “malign nationalism seeks national goals relentlessly, even at the
expense of others; benign nationalism, by contrast, is prepared to compromise
national policy priorities where necessary to accommodate the interests of
others."
He
continues: "The difference between these two types of nationalism lies in
the willingness of a country to identify its own national interest with an
interest in the stability of the overall international system. Benign
nationalism acknowledges a connection between self-interest and systemic
interest; malign nationalism ignores or denies it.”
Every
country maintains some form of economic nationalism -- from economically
free countries such as Singapore to the most restricted ones such as North
Korea. For Indonesia, now is the time to consider which form will suit us
best in the long term.
Michelle
Limenta is director of the UPH Center for International Trade and Investment
(UPH-CITI), at Pelita Harapan University.
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