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Indonesia Constitution 1945

PREAMBLE Independence is truly the right of all nations and therefore colonisation in the world shall be abolished, as it is not in accordance with humanity and justice. The struggle of the movement towards the independence of has now reached the moment of rejoicing to guide the people of Indonesia safely and soundly to the threshold of the independence of the State of Indonesia, which is independent, united, sovereign, just and prosperous. By the Grace of God the Almighty and impelled by the noble desire to live a free national life, the people of Indonesia hereby declare their independence. Subsequent thereto, to form a Government of the State of Indonesia which shall protect the whole Indonesian nation and the entire native land of Indonesia and to advance the public welfare, to educate the life of the nation, and to participate in the execution of world order which is by virtue of freedom, perpetual peace and social justice, therefore the National Independence of Indonesia shall be composed in a Constitution of the State of Indonesia, which is structured in a form of the State of the Republic of Indonesia, with people’s sovereignty based on the belief in One and Only God, just and civilized humanity, the unity of Indonesia and a democratic life guided by wisdom in 2

deliberation/representation, and by realising social justice for all the people of Indonesia.

CONSTITUTION

1 FORM AND SOVEREIGNTY 1.—(i) The State of Indonesia is a Unitary State in the form of a Republic. (ii) Sovereignty shall be vested in the hands of the people and be exercised in full by the People’s Consultative Assembly (Majelis Permusyawaratan Rakyat).

2 THE PEOPLE’S CONSULTATIVE ASSEMBLY (MAJELIS PERMUSYAWARATAN RAKYAT) 2.—(i) The People’s Consultative Assembly consists of members of the House of People’s Representatives (Dewan Perwakilan Rakyat) augmented by the delegates from the regional territories and groups according to provisions stipulated by laws. (ii) The People’s Consultative Assembly shall convene at least once in every five years in the capital of the state. 3

(iii) All resolutions of the People’s Consultative Assembly shall be adopted by majority vote. 3.—The People’s Consultative Assembly shall determine the Constitution and the basic guidelines of the state policy.

3 THE GOVERNING POWERS OF THE STATE 4.—(i) The President of the Republic of Indonesia shall hold the governing powers according to the Constitution. (ii) In conducting his obligations, the President shall be assisted by a Vice-President. 5.—(i) The President shall hold the power to establish laws in agreement with the House of People’s Representatives. (ii) The President shall stipulate government regulations in order to implement the laws as it should be. 6.—(i) The President shall be a native Indonesian citizen. (ii) The President and the Vice-President shall be elected by the People’s Consultative Assembly by a majority vote. 7.—The President and the Vice-President shall hold office for the term of five years and shall be eligible for re-election. 8.—If the President dies, resigns or is unable to conduct his obligations during his term of office, he shall be replaced by the Vice-President until the expiry of his term of office. 4

9.—Prior to assuming office, the President and the Vice-President take an oath according to their respective religions or affirm a pledge before the People’s Consultative Assembly or the House of People’s Representatives as follows: The oath of the President (Vice-President): “In the name of God, I swear to fulfill the obligations of the President (the Vice-President) of the Republic of Indonesia to the best of my ability and as justly as possible, to strictly preserve the Constitution and to consistently enforce all the laws and regulations and devote myself to the Country and the Nation.” The pledge of the President (Vice-President): “I solemnly pledge to fulfill the obligations of the President (the Vice-President) of the Republic of Indonesia to the best of my ability and as justly as possible, to strictly preserve the Constitution and to consistently enforce all the laws and regulations and to devote myself to the Country and the Nation.” 10.—The President is the Supreme Commander of the Army, the Navy and the Air Force. 11.—The President with the approval of the House of People’s Representatives declares war, makes peace and concludes treaties with other countries. 5

12.—The President declares a state of emergency. The conditions and consequences of a state of emergency shall be determined by laws. 13.—(i) The President appoints ambassadors and consuls. (ii) The President receives the accreditation of ambassadors of other countries. 14.—The President grants clemency, amnesty, abolition, and rehabilitation. 15.—The President grants titles, decorations and other distinctions of honors.

4 THE (DEWAN PERTIMBANGAN AGUNG) 16.—(i) The composition of the Supreme Advisory Council shall be determined by laws. (ii) The Council has the obligation to reply to questions raised by the President and has the right to submit recommendations to the government.

5 THE STATE MINISTRIES 17.—(i) The President shall be assisted by ministers of state. 6

(ii) The ministers shall be appointed and discharged by the President. (iii) The ministers shall head government departments.

6 REGIONAL GOVERNMENTS 18.—The division of the territory of Indonesia into large and small regions in the form of government structures shall be determined by laws, in consideration of and with due regard to the principles of consultation in the state governing system and the hereditary rights of special territories.

7 THE HOUSE OF PEOPLE’S REPRESENTATIVES (DEWAN PERWAKILAN RAKYAT) 19.—(i) The composition of the House of People’s Representatives shall be determined by laws. (ii) The House of People’s Representatives shall convene at least once a year. 20.—(i) Every bill shall require the approval of the House of People’s Representatives. (ii) If such a bill fails to acquire the approval of the House of People’s Representatives, the bill may not be submitted 7

again during the same session of the House of People’s Representatives. 21.—(i) The members of the House of People’s Representatives have the right to submit a bill. (ii) If such a bill is not validated by the President notwithstanding the approval of the House of People’s Representatives, the bill may not be submitted again during the same session of the House of People’s Representatives. 22.—(i) In the event of a compelling emergency, the President has the right to stipulate government regulations in lieu of laws. (ii) Such government regulations shall obtain the approval of the House of People’s Representatives in its subsequent session. (iii) If the approval is not obtained, the government regulations shall be revoked.

8 FINANCIAL MATTERS 23.—(i) The state budget of revenue and expenditure shall be determined every year by a law. If the House of People’s Representatives does not approve a draft budget proposed by the government, then the government shall implement the budget of the preceding year. 8

(ii) All taxes for necessary expenses of the state shall be fixed by laws. (iii) The denominations and values of the currency shall be determined by laws. (iv) Other financial matters shall be regulated by law. (v) In order to examine the responsibility regarding state finances, a Financial Audit Board (Badan Pemeriksa Keuangan) shall be established with its provisions stipulated by laws. The result of examination shall be reported to the House of People’s Representatives.

9 JUDICIARY POWER 24.—(i) The judiciary power shall be conducted by a (Mahkamah Agung) and other judicial bodies according to laws. (ii) The composition and powers of these judicial bodies shall be provided by laws. 25.—The appointment and dismissal of judges shall be determined by laws.

10 CITIZENS 9

26.—(i) Citizens are indigenous and people of other nations legalized by laws as citizens. (ii) Conditions regarding citizenship shall be determined by laws. 27.—(i) All citizens shall be equal before the law and in government and shall uphold the law and government without exception. (ii) Every citizen has the right to work and to live a life that is decent for humanity. 28.—The freedom to associate and assemble, to express thought verbally and in writing and else shall be stipulated by laws.

11 RELIGION 29.—(i) The state shall be based upon the One and Only God. (ii) The State guarantees the freedom of every inhabitant to embrace his/her respective religion and to worship according to his/her religion and faith as such.

12 DEFENCE OF THE STATE 30.—(i) Every citizen has the right and duty to participate in the efforts towards the defense of the State. 10

(ii) The conditions for the defense shall be provided by law.

13 EDUCATION 31.—(i) Every citizen has the right to receive education. (ii) The government shall undertake and conduct one national educational system, which shall be provided by laws. 32.—The government shall advance Indonesia’s national culture.

14 SOCIAL WELFARE 33.—(i) The economy shall be organized as a joint enterprise based upon the family principle (asas kekuluargaan). (ii) Production sectors which are important for the State and affect the livelihood of the people at large shall be controlled by the State. (iii) The land, the waters, and the natural wealth contained therein shall be controlled by the State and utilized for the optimal welfare of the people. 33.—The poor and neglected children shall be nurtured by the State.

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THE FLAG AND LANGUAGE 35.—The Flag of the State of Indonesia is the Red and White (Sang Merah Putih). 36.—The Language of the State is the (Bahasa Indonesia).

16 AMENDMENT TO THE CONSTITUTION 37.—(i) In order to amend the Constitution, at least two-thirds of all the members of the People’s Consultative Assembly shall be in attendance. (ii) Decisions shall be taken with the approval of at least two-thirds of all the members of the People’s Consultative Assembly in attendance.

TRANSITIONAL PROVISIONS 1.—The Preparation Committee for Indonesia's Independence (Panitia Persiapan Kemerdekaan Indonesia) shall stipulate and conduct the transfer of administration to the . 2.—All existing state institutions continue to function and regulations remain valid, as long as no new ones are established in conformity with this Constitution. 12

3.—For the first time, the President and the Vice-President shall be elected by the Preparation Committee for Indonesia's Independence. 4.—Before the People’s Consultative Assembly, the House of People’s Representatives and the Supreme Advisory Council are established in accordance with this Constitution, all their powers shall be exercised by the President with the assistance of a national committee.

ADDITIONAL PROVISIONS 1.—Within six months after the end of the Great East Asian War, the President of Indonesia shall stipulate and execute all the matters decided in this Constitution. 2.—Within six months after the formation of the People’s Consultative Assembly, the Assembly shall convene a session to decide the Constitution.

ELUCIDATIONS OF THE CONSTITUTION OF THE INDONESIAN STATE

GENERAL The Constitution, as a Part of the Basic Law The Constitution of a country is only a part of the basic law of that country. A Constitution is the written basic law, whereas in 13

addition to the Constitution there is also an unwritten basic law, that is basic regulations which arise and are nurtured in the practice of the management of the State, although not written. Indeed, in order to examine the basic law (droit constitutionnel) of a State, it is not sufficient only to study the articles of its Constitution (loi constitutionnelle), but its application and the spiritual background (geistlicher Hintergrund) of the Constitution must be examined as well. The Constitution of any State whatsoever cannot be understood by merely reading its text. To truly comprehend the intent of the Constitution of a State we must know how the text evolved, and we must understand also in what atmosphere the text was made. In this way we can understand the intent of the Constitution which we are studying and the philosophy behind the Constitution.

Fundamental Thoughts in the Preamble What are the fundaments of thoughts contained in the Preamble of the Constitution? 1.—“The State”, so it reads, “protects the whole Indonesian nation and the entire Indonesian homeland on the basis of unity, by realizing social justice for all the Indonesian people.” 14

In this preamble, the idea of the unitary State as a State which protects and accommodates the entire nation. Thus, the State stands above all group and all individual concepts. The State, according to this interpretation of the “preamble”, desires unity, encompassing the entire Indonesian nation. This is a basis of the State that may not be forgotten. 2.—The State desires the realisation of social justice for all the people. 3.—The third basic thought contained in the Preamble is that the State whose sovereignty is vested in the people, is based on democracy and consultation representation. Hence, the system of the State which is formed in the Constitution must be founded on the people’s sovereignty and consultation representation. Indeed, this line of thought conforms to the character of Indonesian society. 4.—The fourth basic idea contained in the Preamble is the State was founded on the belief in the One and Only God, according to the basis of a just and civilised humanity. Therefore, the Constitution must contain an obligation for the government and other State apparatuses to nurture the noble character of humanity and to hold firmly to the lofty moral aspirations of the people.

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The Constitution Creates the Basic Ideas Contained in the Preamble in the Articles These basic ideas reflect the spiritual atmosphere of the Constitution of the Indonesian State. These ideas realize legal aspirations (Rechtsidee) which govern the basic laws of the State, both the written (the Constitution) and the unwritten. The Constitution creates these basic ideas in the articles.

The Constitution has a Short and Supple Nature The Constitution contains only 37 articles. The remaining articles merely refer to transition and addendum. Thus, this draft Constitution is very brief if compared, for example, with the Constitution of the Philippines. It is sufficient that the Constitution contains only the basic provisions, only the broad outlines as instructions to the central government and other State apparatuses for conducting State affairs and social welfare. In particular for a new and young country, it is better that the written basic law contains only the basic provisions, while regulations to implement those basic provisions are left to laws which are easier to make, amend and repeal. This is the system of the Constitution. We must always bear in mind the dynamics of the life of the society and the State in Indonesia. The Indonesian society and 16

State grow and change, especially during the present period of physical and mental revolution. Therefore, we must live a dynamic life; we must observe all the activities of the life of the Indonesian society and the State. In this connection, do not hastily crystallize and mould (Gestaltung) to ideas that can still easily change. Indeed the nature of these written provisions is binding. Hence the more elastic the nature of these provisions, the better. Therefore, we must watch that the system of the Constitution does not lag behind the change of time. Let us not make laws that quickly become obsolete (verouderd). What is very important in government and State affairs is spirit, the spirit of the State executives and the spirit of the government leaders. Even though the Constitution was made according to words of the family principle, should the spirit of the State executives and the government leaders be individualistic in nature, then the constitution is meaningless in practice. On the other hand, even though the Constitution is imperfect, if the spirit of the government executives is right, the Constitution would certainly not hinder the progress of the State. Thus, what is most important is the spirit. Thus, the spirit lives, or in other words, the dynamic. In this context, only the basic provisions need be stipulated in the Constitution, whereas matters required to implement these basic regulations must be left to the law. 17

SYSTEM OF STATE GOVERNMENT The system of state government clarified in the Constitution is: 1.—Indonesia is a state based on law (rechtsstaat). The state of Indonesia is based on law (rechtsstaat), not on mere power (machtsstaat). 2.—The Constitutional System. The government is based on the constitutional system (basic law) and does not have the nature of absolutism (unlimited power). 3.—The highest Power of the State is in the hands of the People’s Consultative Assembly (Die gezamte staatgewalt lieght allein bei der Majelis). The people’s sovereignty is held by one body, named the People’s Consultative Assembly, as the embodiment of all the people of Indonesia (Vertretungsorgan des Willens des Staatsvolkes). This Assembly determines the Constitution and the basic guidelines of the State policy. This Assembly appoints the (President) and the Deputy Head of State (Vice-President). It is this Assembly that holds the highest power of the State, whereas the President must implement the State policy in accordance to the basic guidelines which have been established by the Assembly. The President, who is appointed by the Assembly, is 18

subordinate and responsible to the Assembly. He is the “mandatory” of the Assembly; he is obliged to execute the decisions of the Assembly. The President is not “neben” (equal to), but “untergeordnet” (subordinate to) the Assembly. 4.—The President is the supreme executive of the State under the Assembly. Under the People’s Consultative Assembly, the President is the supreme executive of the government of the state. In carrying out the state administration, the power and responsibility are in the hands of the President (concentration of power and responsibility upon the President). 5.—The President is not responsible to the House of People’s Representatives. Beside the President is the House of People’s Representatives. The President must obtain the approval of the House of People’s Representatives to make laws (Gezetsgebug) and to determine the State budget of receipts and expenditures (Staatsbergroting). Therefore, the President must cooperate with the House, but the President is not responsible to the House, in the sense 19

that the President’s position is not dependent upon the House. 6.—The State Ministers are the assistants of the President; the State Ministers are not responsible to the House of People’s Representatives. The President appoints and dismisses the State Ministers. The Ministers are not responsible to the House of People’s Representatives. Their positions are not dependent upon the House, but dependent upon the President. They are the President’s assistants. 7.—The Powers of the Head of State are not unlimited Although the Head of State is not responsible to the House of People’s Representatives, he is not a dictator, meaning that his power is not unlimited. Above, it has been explained that he is responsible to the People’s Consultative Assembly. Aside from it, he must pay sincere attention to the voice of the House of People’s Representatives. 8.—The position of the House of People’s Representatives is strong. The position of the House of People’s Representatives is strong. This House cannot be dissolved by the President (unlike the parliamentary system). Moreover, all the members of the House of People’s Representatives 20

concurrently become members of the People’s Consultative Assembly. Therefore, the House of People’s Representatives can always supervise the actions of the President and if the House is of the opinion that the President has truly acted in contravention of the State policy which has been established in the Constitution or by the People’s Consultative Assembly, the Assembly can be invited to convene a special session in order to request the President the responsibility. 9.—The State Ministers are not ordinary senior officials. Although the position of the State Ministers depends upon the President, they are not ordinary senior officials because in practice it is the Ministers that primarily carry out the government power (pouvoir executive). As the head of a department, a Minister knows the details of matters concerning the area of his duties. In this respect, the Minister has great influence upon the President in deciding State policy relating to his department. In fact, what is meant is that Ministers are the State leaders. To determine the government's policy and coordinate the State administration, Ministers work together as closely as possible under the leadership of the President.

1 FORM AND SOVEREIGNTY 21

1.—The decision to form a unitary State and a Republic contains the basic idea of the people's sovereignty. The People’s Consultative Assembly is the supreme executor of the state. The Assembly is considered as the embodiment of the people who hold the sovereignty of the state.

2 THE PEOPLE’S CONSULTATIVE ASSEMBLY 2.—What is meant is that all the people, all groups and all regions shall have representatives in the Assembly, so that this Assembly can truly be considered as the embodiment of the people. What is termed “groups” is such bodies as cooperatives, labor unions and other collective organizations. This provision fits with the trends of the time. In connection with the proposal to have a cooperative system in the economy, this article reminds that there will be such groups in economic organizations. (ii) The body with such a large membership shall convene not less than once in every five years. “Not less than,” that is, should it be necessary during five years, it is, of course, permissible to convene more than once by holding a special session. 22

3.—Inasmuch as the People’s Consultative Assembly holds the sovereignty of the State, therefore its power is unlimited. Keeping in mind social dynamics, once in every five years the Assembly reviews all that occurred and all contemporary trends and decides the State policy to be pursued in the future.

3 THE GOVERNING POWERS OF THE STATE 4&5(ii).—The President is the head of executive Power in the State. In order to implement laws, he has the power to establish government regulations (pouvoir reglementaire). 5(i).—Besides the executive power, the President together with the House of People’s Representatives exercises the legislative power of the State. 6-9.—Sufficiently lucid. 10-15.—The powers of the President in these articles are the consequences of the President’s position as the Head of State.

4 THE SUPREME ADVISORY COUNCIL 23

16.—This Council is a Council of State whose duty is to give recommendations to the government. It is purely an advisory body.

5 THE STATE MINISTERS 17.—See above.

6 REGIONAL GOVERNMENTS 18.—(i) Inasmuch as Indonesia is eenheidstaat (a unitary State), Indonesia shall not have within its jurisdiction any regions that also have the nature of staat (State). The Indonesian territory shall be divided into provinces and provinces shall be further divided into smaller regions. In regions which are autonomous (streek and locale rechtsgemeenschappen) or merely administrative, all shall respect regulations to be established by laws. In regions which are autonomous, regional representative bodies shall be established, since in the regions as well the government must be based on the principle of consultation. (ii) In the territory of Indonesian State there are approximately 250 zelfbesturende landschappen and volksgemeeschappen 24

(self-governing units and communities), such as the desa (village) in Java and Bali, the negeri in Minangkabau, the dusun and marga in Palembang and others. These regional units have their own indigenous structures and therefore can be considered as having a special nature. The Republic of Indonesia respects the status of these special regions and all State regulations regarding these regions shall have due regard to their hereditary rights.

7 THE HOUSE OF PEOPLE’S REPRESENTATIVES 19-21&23.—See above. This House must give its approval for all bills submitted by the government. The House also has the right of initiative to establish laws. (iii) The House also has begrooting (budgetary) as in Article 23. Thereby, the House controls the government. It also has to be borne in mind that all the members of this House are concurrently members of the People’s Consultative Assembly. 22.—This article concerns noodverordeningsrect (the emergency rights) of the President. It is indeed necessary to include such provisions in order that the safety of the State can be guaranteed by the government in times of emergency which 25

compels the government to take prompt and appropriate actions. Nevertheless, the government shall not be free from the supervision of the House of People’s Representatives. Therefore, government regulations referred to in this article, with power identical to that of laws, must be ratified by the House of People’s Representatives.

8 FINANCIAL MATTERS 23(i)-(iv).—Clause (i) refers to the begrooting (budgetary) right of the House of People’s Representatives. The method to decide a budget of receipts and expenditures is a measurement of the character of the State government. In a fascist state the budget is exclusively determined by the government. In a democratic state or a country based on the people's sovereignty, like the Republic of Indonesia, the budget of receipts and expenditures is established by law, meaning with the approval of the House of People’s Representatives. How the people as a nation live and where to get the funds from, must be decided by the people themselves, through the intermediation of the representative house. The people decide their own destiny and hence also their way of living. 26

Article 23 states that in the matter of deciding receipts and expenditures, the position of the House of People’s Representatives is stronger than that of the government. This is a sign of the people’s sovereignty. Insomuch as the decision of expenditures concerns the right of the people to decide their own destiny, all measures which impose a burden on the people, such as taxes and the like, must be determined by law, that is, with the approval of the House of People’s Representatives. The matter of type and value of moneys is also determined by law. This is important because the status of such moneys greatly influences the society. Money is primarily an instrument for exchange and a measure of value. As an instrument of exchange it simplifies exchanges of sale and purchase in the society. In this connection, it is necessary to have type and shape in the currency needed by the people as a measure of value for a basis to determine the price of each goods exchanged. Goods which become the measure of value must maintain their price and not fluctuate due to a disorganized state of the currency. Therefore, the state of the currency must be determined by law. In this connection, the status of the Bank of Indonesia which shall issue and regulate the circulation of paper currency, is determined by law. 27

(v) How the government spends funds for expenditures that have been approved by the House of People’s Representatives, must correspond to the relevant decision. To examine the accounts of the government there must be a body that is free from government influence and power. A body that is subordinate to the government cannot carry out such an onerous obligation. On the other hand, such a body does not stand above the government. Hence, the authority and duty of the body is determined by law.

9 JUDICIARY POWER 24&25.—The judicial power is an independent power, that is free from the influence of government power. In this connection, there must be a guarantee in law on the status of judges.

10 CITIZENS 26(i).—People of other nations, such as those of Dutch, Chinese and Arabic descents, whose domicile is Indonesia, recognize Indonesia as their home country and are loyal to the Republic of Indonesia, may become citizens. 28

26(ii), 27, 30, 31(i).—Sufficiently lucid. These articles concern the rights of citizens. 28, 29(i), 34.—These articles concern the status of the population. Articles, both those concerning citizens only and those concerning the entire population, accommodate the aspirations of the Indonesian people to build a State which is democratic and desires to promote social justice and humanitarianism.

11 RELIGION 29(i).—This section expresses the belief of the Indonesian people in the One and Only God.

12 DEFENCE OF THE STATE 30.—Sufficiently lucid.

13 EDUCATION 31(ii).—Sufficiently lucid. 32.—The national culture is the culture which develops as the fruit of the character of all the Indonesian people. 29

The old and indigenous cultures which existed as the climax of culture in all the , are considered as the national culture. Cultural efforts must be directed towards the advancement of civilization, culture, and unity, without rejecting new elements of foreign cultures which can develop or enrich our own national culture and raise the human dignity of the Indonesian people.

14 SOCIAL WELFARE 33.—In Article 33 the principle of economic democracy is included. Production is done by all for all, under the leadership or supervision of members of the society. Social prosperity is given priority, not individual prosperity. Therefore the economy is organized as a common endeavour based on the family principle. Building a business in accordance with this is the cooperative. The economy is based on economic democracy, prosperity for everybody. Therefore, production sectors which are essential for the State and which affect the life of the public, must be controlled by the State. Otherwise, the reins of production will fall in the hands of powerful individuals and the public will be oppressed. 30

Only businesses which do not affect the life and living of the public may be controlled by individuals. Land, water and the natural resources contained therein are the bases of the people's prosperity. Therefore, they must be controlled by the State and exploited for the greatest prosperity of the people. 34.—Sufficiently lucid, see above.

15 THE FLAG AND LANGUAGE 35.—Sufficiently lucid. 36.—Sufficiently lucid. In regions having their own languages, which are well preserved by the people (such as the Javanese, Sundanese, Madurese and other languages), such languages will be respected and nurtured by the State. These languages also constitute a part of the living .

16 AMENDMENT TO THE CONSTITUTION 37.—Sufficiently lucid.