Moral Mandate of the Preamble to the 1945 Constitution

Beyond the formal aspect, the moral spirit of the constitution is a fundamental foundation. The Preamble to the 1945 Constitution affirms that “colonialism in the world must be abolished because it is not in accordance with humanity and justice.” This sentence is a source of values that shapes the direction of Indonesia's foreign policy. Therefore, recognition of Israel, which still maintains its occupation of Palestinian territory, has the potential to violate these moral values of the constitution.

International Law Perspective and Two-State Solution

From an international law perspective, recognition of a country is based on the criteria of the Montevideo Convention 1933 (territory, population, government, and capacity to establish relations). Israel meets these criteria. However, problems arise when its territorial legitimacy conflicts with the Palestinian people's right to independence, which has also been recognized by the UN since Resolution 181 of 1947. This is where Indonesia's unique position lies: supporting a two-state solution (two-state solution) as a form of justice, but rejects recognition of Israel before Palestine is truly independent. Support for a two-state solution remains an international consensus, but public support in conflict areas is declining sharply. A 2025 Gallup survey noted that only 33% of Palestinians in the West Bank and 27% of Israelis still approve of this solution. This low support is a major challenge.

Constitutional Diplomacy Path: Recommendations for Indonesia

President Prabowo's statement at the UN actually opens up conditional diplomatic space. If Israel does not meet the requirements (Palestinian independence), Indonesia remains in the status quo position. If Israel fulfills it, recognition must go through the DPR approval mechanism. From the perspective of John Rawls' theory of justice, a just policy must side with the weakest—in this case, the Palestinian people. This is in line with the view ofconstitutional morality(constitutional morality) put forward by Mahfud MD, that policies must reflect the values of the 1945 Constitution, not just formal procedures. Therefore, Indonesia can take the path of constitutional diplomacy:
  1. Strengthening the Multilateral Role: Encouraging the real implementation of a two-state solution at the UN, OIC, and Non-Aligned Movement.
  2. Recognition as the Final Step: Making recognition of Israel the final step after Palestine is recognized as an independent state and the withdrawal of troops from the occupied territories.
  3. Humanitarian Diplomacy: Strengthening food, medical and education assistance in Gaza and the West Bank as real solidarity.
  4. DPR Involvement: Ensuring legislative involvement in every stage of diplomacy to guarantee constitutional legitimacy.
With such a strategy, Indonesia does not lose its moral position as a nation that rejects colonialism, while at the same time being able to demonstrate diplomatic maturity. Recognition of Israel becomes the result of a measured, constitutional and fair process, not a reactive step.