By Kusnandar & Co., Attorneys At Law – Jakarta, Indonesia
The rupiah’s depreciation toward the
psychological level of IDR 17,000 per US dollar is not merely an economic
issue. It represents a serious test of the credibility of fiscal and monetary
policymaking within Indonesia’s legal framework. Finance Minister Purbaya Yudhi
Sadewa’s assertion that the rupiah’s weakness is temporary and will soon
reverse due to improving fundamentals and foreign capital inflows deserves
rigorous scrutiny—not only from an economic standpoint, but also from the
perspective of constitutional law and public finance governance.
Executive Optimism Versus the
Principle of Fiscal Prudence
Normatively, Article 23 of the 1945
Constitution of Indonesia mandates that state finances be managed in a
responsible, transparent, and accountable manner for the greatest prosperity of
the people. When the 2025 state budget deficit reaches 2.92 percent of GDP,
approaching politically and economically sensitive thresholds, market anxiety
is neither irrational nor speculative—it is a rational response to perceived
fiscal risk.
In this context, government optimism
that relies heavily on a record-high Composite Stock Price Index (IHSG) and the
expectation of foreign inflows risks undermining the prudential principle that
lies at the core of public financial law. The legal framework governing state
finances does not permit policy decisions grounded in hopeful projections
alone; it requires certainty, discipline, and policy consistency.
Central Bank Independence: More Than
Mere Speculation
Minister Purbaya’s dismissal of
concerns linking the rupiah’s depreciation to rumors surrounding the potential
appointment of Thomas Djiwandono as Deputy Governor of Bank Indonesia (BI) must
be examined through a legal lens. Law No. 23 of 1999 on Bank Indonesia, as
amended, unequivocally guarantees the independence of the central bank from
government and political influence.
However, financial markets do not
operate on statutory assurances alone; they react to perceptions of
institutional risk and conflicts of interest. When an individual with close
familial ties to the President is rumored to be positioned for a strategic role
within the central bank, investor unease is not a personal attack—it is a
question of good governance and the rule of law. In administrative law, the
principle of freedom from conflicts of interest is not merely ethical guidance
but a prerequisite for the legitimacy of public policy.
To underestimate this sensitivity is
to underestimate the legal importance of central bank independence itself.
Global Pressures Do Not Eliminate the
State’s Legal Responsibility
It is undeniable that escalating
geopolitical tensions, renewed trade wars, and the strengthening of the US
dollar as a safe-haven asset have placed significant pressure on emerging
market currencies. Yet from a legal-economic perspective, external shocks
cannot serve as a justification for weak domestic policy responses.
The state—through the government and
Bank Indonesia—bears a legal obligation to maintain monetary and fiscal
stability. When extensive stimulus measures have already been deployed yet
markets remain skeptical about the economy’s growth trajectory, the core issue
lies not in the volume of intervention but in the clarity, coherence, and
credibility of policy design and implementation.
The Rupiah and a Crisis of Legal
Confidence
The current weakness of the rupiah
reflects more than currency market volatility. It exposes a broader crisis of
confidence in Indonesia’s legal and institutional economic framework. As long
as government responses emphasize political reassurance over structural fiscal
reform, strengthened governance, and uncompromising respect for central bank
independence, the rupiah will remain vulnerable to both domestic and global
shocks.
In a state governed by the rule of
law, economic stability is not built on rhetoric. It is secured through legal
certainty, fiscal discipline, and institutional integrity. Absent these
foundations, optimism risks becoming little more than a fragile political
narrative—easily dismantled by market realities.
By : K&Co - January 20, 2026
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