JAKARTA - The arrest of Myanmar's leader Aung San Suu Kyi and Myanmar President Win Myint, as well as a number of political figures of the National League for Democracy (NLD) by the Myanmar Military on Monday, February 1, has drawn criticism.

Announcing the takeover, the military subsequently named Senior General Min Aung Hlaing as interim leader and imposed a year-long state of emergency.

Through the television they manage, the Myanmar military makes announcements regarding the takeover of power. Launching Reuters, following the announcement broadcast on Myawaddy Television (MWD).

“The voter lists used in the multi-party general election held on November 8 were found to have a very large margin and the KPU failed to resolve this issue".

Although the nation's sovereignty must come from the people, there has been terrible fraud in the voter list during democratic elections which goes against ensuring a stable democracy. The refusal to resolve the problem of voter list fraud and failure to take action and follow a request to postpone the lower and upper house parliamentary sessions is inconsistent with article 417 of the 2018 Constitution which refers to 'acts or attempts to take over the sovereignty of the Union by means of compulsion wrongly' and can lead to the disintegration of national solidarity.

Due to such actions, there have been many protests in towns and cities in Myanmar to show their distrust of the UEC. Other parties and communities were also found to have carried out various kinds of provocation, including raising flags that seriously damaged national security.

If this problem is not resolved, it will hinder the path to democracy and therefore must be resolved according to law. Therefore, a state of emergency was declared in accordance with article 417 of the 2008 Constitution. In order to conduct an examination of the voter list and to take action, the authority to make state, government and jurisdictional laws are delegated to the Commander in Chief in accordance with Article 418 of the 2008 Constitution, paragraph ( a).

The state of emergency applies nationally and the duration of the state of emergency is determined for one year, starting from the date this order was announced in accordance with article 417 of the 2008 Constitution".

To note, there is a clause that allows the Myanmar military to carry out a 'coup' based on the stipulation that the military can take over power if democracy is deemed dead.

The Myanmar Constitution underlines that the takeover of power by the Supreme Commander of the Military can only be carried out in a precarious situation, which can lead to loss of sovereign power and division of the nation. However, this emergency condition must be declared by the Civil President.


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