Constitution of Indonesia
Encyclopedia
The Constitution of Indonesia is the basis for the government of the Indonesia.
The constitution was written in June, July and August 1945, when Indonesia was emerging from Japanese
control at the end of World War II
. It was abrogated by the Federal Constitution of 1949
and the Provisional Constitution of 1950
, but restored on 5 July 1959
.
The 1945 Constitution then set forth the Pancasila
, the five nationalist principles devised by Sukarno
, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics." Following the Indonesian 1998 Upheaval
and the resignation of President Suharto, several political reforms were set in motion, via amendments to the Constitution of Indonesia, which resulted in changes to all branches of government as well as additional human rights provisions.
ese invaded the Netherlands East Indies (Indonesia) in 1942, defeated the Dutch colonial
regime, and occupied it for the duration of the Second World War
.
Indonesia then fell under the jurisdiction of the Japanese Southern Expeditionary Army (Nanpo Gun), based in Saigon, Vietnam
. The Japanese divided Indonesian territory into three military government
regions, based on the largest islands: "Sumatra" was under the Japanese 25th Army, "Java" under the Japanese 16th Army and "East Indonesia" (the eastern island), including part of "Borneo" (Sarawak and Sabah under Japanese 38th Army)was under the Imperial Japanese Navy
. As the Japanese military position became increasingly untenable, especially after their defeat at the Battle of Leyte Gulf
in October 1944, more and more Indonesians
were appointed to official positions in the occupation.
On 29 April 1945, the 16th Army established Badan Penyelidik Usaha-usaha Persiapan Kemerdekaan Indonesia (BPUPKI; ), for Java. The 25th Army later established a BPUPKI for Sumatra. No such organisation existed for the remainder of Indonesia.
The BPUPKI in Java, when established, consisted of 62 members, but there were 68 in the second session. It was chaired by Dr Radjiman Wedyodiningrat (1879–1951). The future president Sukarno
and vice-president Mohammad Hatta
were among its members. They met in the building that had been used by the Dutch colonial quasi-parliament, the Volksraad ("People's Council") in central Jakarta
. It held two sessions, 29 May-1 June and 10–17 July 1945. The first session discussed general matters, including the philosophy of the state for future independent Indonesia, Pancasila. the philosophy was formulated by nine members of BPUPKI: Soekarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim, Muzakkir, Agus Salim
and Abikoesno. The outcome was something of a compromise, and included an obligation for Muslims
to follow syari'ah Islamic law
, the so-called Jakarta Charter. The second session produced a provisional constitution made up of 37 articles, 4 transitory provision and 2 additional provision. The nation would be a unitary state
and a republic
.
On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration
. The Japanese authorities, realizing they would probably lose the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else. On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the Nanpo Gun headquarters announced that an Indonesian leader could enact a body called the Panitia Persiapan Kemerdekaan Indonesia (PPKI; "Preparatory Committee for Indonesian Independence"). The dropping of a second atomic bomb, on Nagasaki, on 9 August prompted the Japanese to surrender unconditionally
on 15 August 1945. Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day.
In the meeting chaired by Sukarno, the 27 members, including Hatta
, Supomo, Wachid Hasjim, Sam Ratulangi and Subardjo, began to discuss the proposed constitution article by article. The Committee made some fundamental changes, including the removal 7 words from the text of Jakarta Charter which became the preambule of the constitution, and the clause stating that the president must be a Muslim. The historical compromise was made possible in part by the influence of Mohamad Hatta and Tengku Mohamad Hasan. The Committee then officially adopted the Constitution.
on December 27, 1949. This was in turn replaced by the Provisional Constitution
on 17 August 1950. In 1955 elections were held for the House of Representatives as well as for a Constitutional Assembly (Indonesia Konstituante) to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the role of Islam
in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the military, who saw a much greater constitutional role for themselves, began to push for a return to the 1945 Constitution. This was put to the vote on 30 May, 1 June and 2 June 1959, but the motion failed to gain the required two-thirds majority. Finally, on 5 July 1959 President Sukarno issued a decree
dissolving the assembly and returning to the 1945 Constitution .
Suharto, who officially became president in 1968, refused to countenance any changes to the Constitution despite the fact that even Sukarno had viewed it as a provisional document . In 1983, the People's Consultative Assembly
passed a decree stipulating the need for a nationwide referendum to be held before any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a 90% turnout and for any changes to be approved by a 90% vote. Then in 1997, the dissident Sri-Bintang Pamungkas and two colleagues were arrested and jailed for publishing a proposed modified version of the 1945 Constitution .
With the fall of Suharto and the New Order
regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the People's Consultative Assembly in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 73, of which only 11% remain unchanged from the original constitution.
The most important of the changes were: and
Among the above changes, the establishment of Constitutional Court is regarded as a successful innovation in Indonesia constitutional system. The court was established in 2003 by 9 justices head by Professor Jimly Asshiddiqie,a prominent scholar from the University of Indonesia. There are five jurisdictions of the court, i.e. (i) constitutional review of law, (ii) disputes of constitutional jurisdiction between state institutions, (iii) disputes on electoral results, (iv) dissolution of political parties,and (v) impeachment of the president/vice president. The other icon of success in Indonesian reform is the establishment of the Corruption Eradication Commission which independently fights against corruption and grafts. Corruption in Indonesia is regarded an extraordinary crime.
(1903–1958), Indonesia's first justice minister, was officially declared to be a part of the Constitution on 5 July 1959. The Preamble, the body of the Constitution and the Elucidation were all reaffirmed as inseparable parts of the Constitution in 1959, and then again in Provisional MPR Decree No. XX/MPRS/1966 . However, since the amendments, the Elucidation has not been updated, and still refers to the original document, including parts that have been removed, such as Chapter IV. During the sessions in the People's Assembly, all the ideas setforth in the Elucidation was transformed become articles in the new amendments. Then, final article of the amended Constitution states that the Constitution consists of the Preamble and the articles.
to the 1945 Constitution of Indonesia contains the Pancasila state philosophy.
based on law with sovereignty in the hands of the people and exercised through laws.
is made up of the members of the People's Representative Council
and the Regional Representatives Council
, all of who are elected via general election. The People's Consultative Assembly changes and passes laws, appoints the president, and can only dismiss the president or vice-president during their terms of office according to law.
. States the requirements for the president and vice-president
. Limits the president and vice-president to two terms of office and states that they be elected in a general election. Specifies the impeachment procedure. Includes the wording of the presidential and vice-presidential oath and promise of office.
a constitutional basis. The president appoints ministers.
, regencies and cities, each with its own administration chosen by general election. The leaders of these administrations are "chosen democratically". Autonomy is applied as widely as possible. The state recognizes the special nature of certain regions.
. Explains the role and position of the Supreme Court as well as the role of the judicial commission. Also states the role of the Constitutional Court.
and residents and states that all citizens are equal before the law. Details the human rights
guaranteed to all, including:
It also states that the rights not to be tortured, to have freedom of thought and conscience, of religion, to not be enslaved, to be recognized as an individual before the law and to not be charged under retroactive legislation cannot be revoked under any circumstances. Furthermore, every person has the right to freedom from discrimination on any grounds whatsoever.
Finally, every person is obliged to respect the rights of others.
, official language
, coat of arms
, and national anthem
of Indonesia.
. Two-thirds of the members of the People's Consultative Assembly must be present: any proposed amendment requires a simple majority of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed.
The constitution was written in June, July and August 1945, when Indonesia was emerging from Japanese
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
control at the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. It was abrogated by the Federal Constitution of 1949
Federal Constitution of 1949
The 1949 Federal Constitution of the United States of Indonesia replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the Dutch-Indonesian Round Table Conference...
and the Provisional Constitution of 1950
Provisional Constitution of 1950
The 1950 Provisional Constitution replaced the Federal Constitution of 1949 when Indonesia unilaterally withdrew from the union with the Netherlands agreed at the Round Table Conference and returned to being a unitary state. It came into force on August 17, 1950...
, but restored on 5 July 1959
President Sukarno's 1959 Decree
The Presidential Decree of 5 July 1959 was issued by President Sukarno in the face of the inability of the Constitutional Assembly of Indonesia to achieve the two-thirds majority to reimpose the 1945 Constitution...
.
The 1945 Constitution then set forth the Pancasila
Pancasila Indonesia
Pancasila is the official philosophical foundation of the Indonesian state. Pancasila consists of two Sanskrit words, "pañca" meaning five, and "sīla" meaning principles...
, the five nationalist principles devised by Sukarno
Sukarno
Sukarno, born Kusno Sosrodihardjo was the first President of Indonesia.Sukarno was the leader of his country's struggle for independence from the Netherlands and was Indonesia's first President from 1945 to 1967...
, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics." Following the Indonesian 1998 Upheaval
Indonesian Revolution of 1998
Suharto retired as president of Indonesia in May 1998 following the collapse of support for his three-decade long presidency. The resignation followed severe economic and political crises in the previous 6 to 12 months. BJ Habibie continued at least a year of his remaining presidential years,...
and the resignation of President Suharto, several political reforms were set in motion, via amendments to the Constitution of Indonesia, which resulted in changes to all branches of government as well as additional human rights provisions.
The Writing of the Constitution
The JapanEmpire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
ese invaded the Netherlands East Indies (Indonesia) in 1942, defeated the Dutch colonial
Dutch Empire
The Dutch Empire consisted of the overseas territories controlled by the Dutch Republic and later, the modern Netherlands from the 17th to the 20th century. The Dutch followed Portugal and Spain in establishing an overseas colonial empire, but based on military conquest of already-existing...
regime, and occupied it for the duration of the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
Indonesia then fell under the jurisdiction of the Japanese Southern Expeditionary Army (Nanpo Gun), based in Saigon, Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
. The Japanese divided Indonesian territory into three military government
Military government
Military government can refer to conditions under either Military occupation, or Military dictatorship.-Military Government:Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.The Hague Conventions of 1907 specify...
regions, based on the largest islands: "Sumatra" was under the Japanese 25th Army, "Java" under the Japanese 16th Army and "East Indonesia" (the eastern island), including part of "Borneo" (Sarawak and Sabah under Japanese 38th Army)was under the Imperial Japanese Navy
Imperial Japanese Navy
The Imperial Japanese Navy was the navy of the Empire of Japan from 1869 until 1947, when it was dissolved following Japan's constitutional renunciation of the use of force as a means of settling international disputes...
. As the Japanese military position became increasingly untenable, especially after their defeat at the Battle of Leyte Gulf
Battle of Leyte Gulf
The Battle of Leyte Gulf, also called the "Battles for Leyte Gulf", and formerly known as the "Second Battle of the Philippine Sea", is generally considered to be the largest naval battle of World War II and, by some criteria, possibly the largest naval battle in history.It was fought in waters...
in October 1944, more and more Indonesians
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
were appointed to official positions in the occupation.
On 29 April 1945, the 16th Army established Badan Penyelidik Usaha-usaha Persiapan Kemerdekaan Indonesia (BPUPKI; ), for Java. The 25th Army later established a BPUPKI for Sumatra. No such organisation existed for the remainder of Indonesia.
The BPUPKI in Java, when established, consisted of 62 members, but there were 68 in the second session. It was chaired by Dr Radjiman Wedyodiningrat (1879–1951). The future president Sukarno
Sukarno
Sukarno, born Kusno Sosrodihardjo was the first President of Indonesia.Sukarno was the leader of his country's struggle for independence from the Netherlands and was Indonesia's first President from 1945 to 1967...
and vice-president Mohammad Hatta
Mohammad Hatta
was born in Bukittinggi, West Sumatra, Dutch East Indies . He was Indonesia's first vice president, later also serving as the country's Prime Minister. Known as "The Proclamator", he and a number of Indonesians, including the first president of Indonesia, Sukarno, fought for the independence of...
were among its members. They met in the building that had been used by the Dutch colonial quasi-parliament, the Volksraad ("People's Council") in central Jakarta
Jakarta
Jakarta is the capital and largest city of Indonesia. Officially known as the Special Capital Territory of Jakarta, it is located on the northwest coast of Java, has an area of , and a population of 9,580,000. Jakarta is the country's economic, cultural and political centre...
. It held two sessions, 29 May-1 June and 10–17 July 1945. The first session discussed general matters, including the philosophy of the state for future independent Indonesia, Pancasila. the philosophy was formulated by nine members of BPUPKI: Soekarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim, Muzakkir, Agus Salim
Agus Salim
Haji Agus Salim was one of Indonesia's founding fathers and prominent diplomats. He played a leading role in the creation of the Indonesian constitution in 1945 and served as Indonesia's Foreign Minister between 1947 and 1949.-Early life:...
and Abikoesno. The outcome was something of a compromise, and included an obligation for Muslims
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
to follow syari'ah Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, the so-called Jakarta Charter. The second session produced a provisional constitution made up of 37 articles, 4 transitory provision and 2 additional provision. The nation would be a unitary state
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
and a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
.
On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration
Potsdam Declaration
The Potsdam Declaration or the Proclamation Defining Terms for Japanese Surrender is a statement calling for the Surrender of Japan in World War II. On July 26, 1945, United States President Harry S...
. The Japanese authorities, realizing they would probably lose the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else. On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the Nanpo Gun headquarters announced that an Indonesian leader could enact a body called the Panitia Persiapan Kemerdekaan Indonesia (PPKI; "Preparatory Committee for Indonesian Independence"). The dropping of a second atomic bomb, on Nagasaki, on 9 August prompted the Japanese to surrender unconditionally
Japanese Instrument of Surrender
The Japanese Instrument of Surrender was the written agreement that enabled the Surrender of Japan, marking the end of World War II. It was signed by representatives from the Empire of Japan, the United States of America, the Republic of China, the United Kingdom, the Union of Soviet Socialist...
on 15 August 1945. Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day.
In the meeting chaired by Sukarno, the 27 members, including Hatta
Mohammad Hatta
was born in Bukittinggi, West Sumatra, Dutch East Indies . He was Indonesia's first vice president, later also serving as the country's Prime Minister. Known as "The Proclamator", he and a number of Indonesians, including the first president of Indonesia, Sukarno, fought for the independence of...
, Supomo, Wachid Hasjim, Sam Ratulangi and Subardjo, began to discuss the proposed constitution article by article. The Committee made some fundamental changes, including the removal 7 words from the text of Jakarta Charter which became the preambule of the constitution, and the clause stating that the president must be a Muslim. The historical compromise was made possible in part by the influence of Mohamad Hatta and Tengku Mohamad Hasan. The Committee then officially adopted the Constitution.
Other Constitutions
The 1945 Constitution (usually referred to by the Indonesian acronym UUD'45) remained in force until it was replaced by the Federal ConstitutionFederal Constitution of 1949
The 1949 Federal Constitution of the United States of Indonesia replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the Dutch-Indonesian Round Table Conference...
on December 27, 1949. This was in turn replaced by the Provisional Constitution
Provisional Constitution of 1950
The 1950 Provisional Constitution replaced the Federal Constitution of 1949 when Indonesia unilaterally withdrew from the union with the Netherlands agreed at the Round Table Conference and returned to being a unitary state. It came into force on August 17, 1950...
on 17 August 1950. In 1955 elections were held for the House of Representatives as well as for a Constitutional Assembly (Indonesia Konstituante) to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the role of Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the military, who saw a much greater constitutional role for themselves, began to push for a return to the 1945 Constitution. This was put to the vote on 30 May, 1 June and 2 June 1959, but the motion failed to gain the required two-thirds majority. Finally, on 5 July 1959 President Sukarno issued a decree
President Sukarno's 1959 Decree
The Presidential Decree of 5 July 1959 was issued by President Sukarno in the face of the inability of the Constitutional Assembly of Indonesia to achieve the two-thirds majority to reimpose the 1945 Constitution...
dissolving the assembly and returning to the 1945 Constitution .
Constitutional Amendments
People's Consultative Assembly
The People's Consultative Assembly is the legislative branch in Indonesia's political system. It is composed of the members of the People's Representative Council and the Regional Representative Council. Before 2004, and the amendments to the 1945 Constitution, the MPR was the highest governing...
passed a decree stipulating the need for a nationwide referendum to be held before any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a 90% turnout and for any changes to be approved by a 90% vote. Then in 1997, the dissident Sri-Bintang Pamungkas and two colleagues were arrested and jailed for publishing a proposed modified version of the 1945 Constitution .
With the fall of Suharto and the New Order
New Order (Indonesia)
The New Order is the term coined by former Indonesian President Suharto to characterize his regime as he came to power in 1966. Suharto used this term to contrast his rule with that of his predecessor, Sukarno...
regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the People's Consultative Assembly in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 73, of which only 11% remain unchanged from the original constitution.
The most important of the changes were: and
- Limiting presidents to two terms of office
- Establishing a Regional Representative Council (DPD), which together with the People's Representative CouncilPeople's Representative CouncilThe People's Representative Council , sometimes referred to as the House of Representatives, is one of two elected national legislative assemblies in Indonesia....
(DPR) makes up an entirely elected People's Consultative Assembly. - Purifying and empowering presidential system of government, instead of a semi presidential one.
- Stipulating democratic, direct elections for the president, instead of the president being elected by the People's Consultative Assembly
- Reorganizing the mechanism of horizontal relation among state organs, instead of giving the highest constitutional position to the People's Assembly.
- Abolishing the Supreme Advisory Council
- Mandating direct, free and secret elections for the House of Representatives and regional legislatures
- Establishing a Constitutional Court for guarding and defending the constitutional system as set forth in the constitution.
- Establishing a Judicial Commission
- The addition of ten entirely new articles concerning human rights.
Among the above changes, the establishment of Constitutional Court is regarded as a successful innovation in Indonesia constitutional system. The court was established in 2003 by 9 justices head by Professor Jimly Asshiddiqie,a prominent scholar from the University of Indonesia. There are five jurisdictions of the court, i.e. (i) constitutional review of law, (ii) disputes of constitutional jurisdiction between state institutions, (iii) disputes on electoral results, (iv) dissolution of political parties,and (v) impeachment of the president/vice president. The other icon of success in Indonesian reform is the establishment of the Corruption Eradication Commission which independently fights against corruption and grafts. Corruption in Indonesia is regarded an extraordinary crime.
The Legal Standing of the Constitution
The 1945 Constitution has the highest legal authority in the nation's system of government. The executive, legislative and judicial branches of government must defer to it. The Constitution was originally officially enacted on 18 August 1945. The attached Elucidation, drawn up by Prof. Raden SoepomoSoepomo
Prof. Dr. Mr. Soepomo was Indonesia's first Minister of Justice, serving in the Presidential Cabinet from 19 August to 14 November 1945 and from 20 December 1949 to 6 September 1950.-Biography:...
(1903–1958), Indonesia's first justice minister, was officially declared to be a part of the Constitution on 5 July 1959. The Preamble, the body of the Constitution and the Elucidation were all reaffirmed as inseparable parts of the Constitution in 1959, and then again in Provisional MPR Decree No. XX/MPRS/1966 . However, since the amendments, the Elucidation has not been updated, and still refers to the original document, including parts that have been removed, such as Chapter IV. During the sessions in the People's Assembly, all the ideas setforth in the Elucidation was transformed become articles in the new amendments. Then, final article of the amended Constitution states that the Constitution consists of the Preamble and the articles.
Preamble
The preamblePreamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
to the 1945 Constitution of Indonesia contains the Pancasila state philosophy.
Chapter I: Form of state and sovereignty
States that Indonesia is a unitary republicRepublic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
based on law with sovereignty in the hands of the people and exercised through laws.
Chapter II: The People's Consultative Assembly
States that the People's Consultative AssemblyPeople's Consultative Assembly
The People's Consultative Assembly is the legislative branch in Indonesia's political system. It is composed of the members of the People's Representative Council and the Regional Representative Council. Before 2004, and the amendments to the 1945 Constitution, the MPR was the highest governing...
is made up of the members of the People's Representative Council
People's Representative Council
The People's Representative Council , sometimes referred to as the House of Representatives, is one of two elected national legislative assemblies in Indonesia....
and the Regional Representatives Council
Regional Representatives Council
The The Regional Representative Council is one of two parliamentary chambers in Indonesia. Together with the People's Representative Council, it makes up a third chamber, the People's Consultative Assembly.-History:...
, all of who are elected via general election. The People's Consultative Assembly changes and passes laws, appoints the president, and can only dismiss the president or vice-president during their terms of office according to law.
Chapter III: Executive powers of the state
Outlines the powers of the presidentPresident of Indonesia
The President of the Republic of Indonesia is the head of state and the head of government of the Republic of Indonesia.The first president was Sukarno and the current president is Susilo Bambang Yudhoyono.- Sukarno era :...
. States the requirements for the president and vice-president
Vice President of Indonesia
The Vice President of the Republic of Indonesia is the first in the line of succession in the Republic of Indonesia.-History of the office:The Indonesian Vice Presidency was established during the formulation of the 1945 constitution by the Researching Body for the Preparation of the Indonesian...
. Limits the president and vice-president to two terms of office and states that they be elected in a general election. Specifies the impeachment procedure. Includes the wording of the presidential and vice-presidential oath and promise of office.
Chapter V: Ministers of state
Four short articles giving the cabinetCabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
a constitutional basis. The president appoints ministers.
Chapter VI: Local government
Explains how Indonesia is divided into provincesProvinces of Indonesia
The province is the highest tier of local government subnational entity in Indonesia. Each province has its own local government, headed by a governor, and has its own legislative body...
, regencies and cities, each with its own administration chosen by general election. The leaders of these administrations are "chosen democratically". Autonomy is applied as widely as possible. The state recognizes the special nature of certain regions.
Chapter VII: The House of Representatives
The members of the House are elected by general election. The House has the right to pass laws, and has legislative, budgeting and oversight functions. It has the right to request government statements and to put forward opinions.Chapter VII-A: The Regional Representatives Council
An equal number of members is chosen from each province via a general election. The Council can put forward to the House of Representatives bills related to regional issues. It also advises the House on matters concerning taxes, education and religion.Chapter VII-B: General elections
General elections to elect the members of the House of Representatives, the Regional Representatives Council , the president and vice-president as well as the regional legislatures are free, secret, honest and fair and are held every five years. Candidates for the House of Representatives and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.Chapter VIII: Finance
States that the president puts forward the annual state budget for consideration by the House of Representatives.Chapter VIII-A: The supreme audit agency
Explains that this exists to oversee the management of state funds. (Cf. Supreme Audit Institution)Chapter IX: Judicial power
Affirms the independence of the judiciaryJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. Explains the role and position of the Supreme Court as well as the role of the judicial commission. Also states the role of the Constitutional Court.
Chapter IX-A: Geographical extent of the nation
States that the nation is an archipelago whose borders and rights are laid down by law.Chapter X: Citizens and residents
Defines citizensCitizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
and residents and states that all citizens are equal before the law. Details the human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
guaranteed to all, including:
- the right of children to grow up free of violence and discrimination
- the right of all to legal certaintyLegal certaintyLegal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. Legal certainty is internationally recognised as a central requirement for the rule of law....
- the right to religious freedom
- the right to choose education, work and citizenship as well as the right to choose where to live
- the right of assembly, association and expression of opinion
- the right to be free from torture
It also states that the rights not to be tortured, to have freedom of thought and conscience, of religion, to not be enslaved, to be recognized as an individual before the law and to not be charged under retroactive legislation cannot be revoked under any circumstances. Furthermore, every person has the right to freedom from discrimination on any grounds whatsoever.
Finally, every person is obliged to respect the rights of others.
Chapter XI: Religion
The nation is based on belief in God, but the state guarantees religious freedom for all.Chapter XII: National defence
States that all citizens have an obligation and right to participate in the defence of the nation. Outlines the structure and roles of the armed forces and the police.Chapter XIII: Education and culture
States that every citizen has the right to an education. Also obliges the government to allocate 20 percent of the state budget to education.Chapter XIV: The national economy and social welfare
States that major means of production are to be controlled by the state. Also states that the state takes care of the poor.Chapter XV: The flag, language, coat of arms, and the national anthem
Specifies the flagFlag of Indonesia
The national flag of Indonesia, which is known as Sang Saka Merah-Putih or Bendera Merah-Putih or simply Merah-Putih in Indonesian, is based on the banner of the 13th century Majapahit Empire in East Java...
, official language
Indonesian language
Indonesian is the official language of Indonesia. Indonesian is a normative form of the Riau Islands dialect of Malay, an Austronesian language which has been used as a lingua franca in the Indonesian archipelago for centuries....
, coat of arms
Coat of arms of Indonesia
The National Emblem of Indonesia is called Garuda Pancasila. The main part of Indonesian national emblem is the Garuda with a heraldic shield on its chest and a scroll gripped by its leg. The shield's five emblems represent Pancasila, the five principles of Indonesia's national philosophy...
, and national anthem
Indonesia Raya
"Indonesia Raya" is the national anthem of the Republic of Indonesia. The song was introduced by its composer, Wage Rudolf Supratman, on 28 October 1928 during the Second Indonesian Youth Congress in Batavia...
of Indonesia.
Chapter XVI: Amendment of the constitution
Lays down the procedures for proposing changes and amending the ConstitutionConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
. Two-thirds of the members of the People's Consultative Assembly must be present: any proposed amendment requires a simple majority of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed.