Abstract
This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the international procedural system will ensure the compliance of agreement, and strengthen sustainable peace in Aceh-Indonesia context.
Highlights
The relationship between Aceh and the Republic of Indonesia has been a dynamic competition in terms of the political, economic, and cultural aspects for decades
This Memorandum of Understanding (MoU) is concluded between state and non-state actors (e.g., Gerakan Aceh Merdeka (GAM)) falling outside the definition of a treaty, which is “an international agreement concluded between States in written form and governed by international law.”23 As such, they fall outside the scope of the Vienna Convention on the Law of Treaties 1969 (VCLT)
This difficulty was described by Bell as “the presence of nonstate signatories tends to take them outside international legal definition of “treaty” or “international agreement,” while the presence of multiple states parties tends to make them difficult to analyze as domestic legal documents.”37 This expression occluded the legal status of MoU Helsinki and whether it is an international or a national agreement. 38
Summary
The relationship between Aceh and the Republic of Indonesia has been a dynamic competition in terms of the political, economic, and cultural aspects for decades. A similar policy was commanded under Suharto’s regime (1967– 1998) This repressive policy has become an inter-link to human rights violations over the years.. The struggle that contributed to suffering as a part of Indonesia generally ended with the peace agreement as established by the Helsinki Memorandum of Understanding (MoU) on August 15, 2005, which manifested in the law concerning the governing of Aceh (LAG number 11/2006).. The struggle that contributed to suffering as a part of Indonesia generally ended with the peace agreement as established by the Helsinki Memorandum of Understanding (MoU) on August 15, 2005, which manifested in the law concerning the governing of Aceh (LAG number 11/2006).9 Under this MoU, Aceh has more room to re-determine its political, economic, social,. Several constraints to its implementations exist, which may pose a threat to sustaining peace and hindering some applications of the agreement. analyzing this issue would be essential for further peace and security in the Aceh and Indonesian context. 11
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