Asian Human Rights Commission

8/7/2019 Asian Human Rights Commission

1/53

Asian Human Rights Commission - Indonesia - [IndonesianSite]

[ Bahasa |English ]

| Home | AHRC Indonesia Website | Subscribe Country List | Subscribe Newsletter |Archive | AHRC Site

Searchthissection:Top of Form

->

Bottom of Form

PrinterFriendlyVersion

Certified translation of the 1945 Constitution of the Republic of Indonesia

see the latest version by clicking here

Certified translation of the 1945 Constitution of the Republic of Indonesia

first adopted August 18, 1945 - superseded 1949-1959 - restored 1959

consolidated

as amended by the First Amendment (19 October 1999), the SecondAmendment (18 August 2000), the Third Amendment (9 November 2001) and

the Fourth Amendment (11 August 2002).The Constitution of the Republic of Indonesia of 1945

PREAMBLE

Whereas independence is a genuine right of all nations and any form of alienoccupation should thus be erased from the earth as not in conformity withhumanity and justice,

Whereas the struggle of the Indonesian independence movement has reached theblissful point of leading the Indonesian people safely and well before themonumental gate of an independent Indonesian State which shall be free, united,sovereign, just and prosperous,

By the grace of God Almighty and urged by the lofty aspiration to exist as a freenation,

Now therefore, the people of Indonesia declare herewith their independence,

Pursuant to which, in order to form a Government of the State of Indonesia thatshall protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation'sintellectual life, and to contribute to the implementation of a world order basedon freedom, lasting peace and social justice, Indonesia's National Independenceshall be laid down in a Constitution of the State of Indonesia, which is to beestablished as the State of the Republic of Indonesia with sovereignty of thepeople and based on the belief in the One and Only God, on just and civilizedhumanity, on the unity of Indonesia and on democratic rule that is guided by thestrength of wisdom resulting from deliberation / representation, so as to realizesocial justice for all the people of Indonesia .

THE CONSTITUTION

SECTION I

FORM AND SOVEREIGNTY
http://indonesia.ahrchk.net/news/mainfile.php/Constitution/34http://indonesia.ahrchk.net/news/http://indonesia.ahrchk.net/http://tmp/sv7h2.tmp/javascript:popWin('http:/internal.ahrchk.net/phplist/?p=subscribe&id=16&id=26%27)http://tmp/sv7h2.tmp/javascript:popWin('http:/internal.ahrchk.net/phplist/?p=subscribe&id=16&id=27%27)http://indonesia.ahrchk.net/news/mainfile.php/generalhttp://www.ahrchk.net/http://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://www.humanrights.asia/countries/indonesia/laws/uud1945_enhttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://en.wikipedia.org/wiki/Indonesian_independence_movementhttp://en.wikipedia.org/wiki/Indonesian_independence_movementhttp://en.wikipedia.org/wiki/People_of_Indonesiahttp://en.wikipedia.org/wiki/People_of_Indonesiahttp://en.wikipedia.org/wiki/People_of_Indonesiahttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://indonesia.ahrchk.net/news/http://indonesia.ahrchk.net/http://tmp/sv7h2.tmp/javascript:popWin('http:/internal.ahrchk.net/phplist/?p=subscribe&id=16&id=26%27)http://tmp/sv7h2.tmp/javascript:popWin('http:/internal.ahrchk.net/phplist/?p=subscribe&id=16&id=27%27)http://indonesia.ahrchk.net/news/mainfile.php/generalhttp://www.ahrchk.net/http://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34?alt=english?print=yeshttp://www.humanrights.asia/countries/indonesia/laws/uud1945_enhttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://en.wikipedia.org/wiki/Indonesian_independence_movementhttp://en.wikipedia.org/wiki/People_of_Indonesiahttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/34


2/53

Article 1(1) The State of Indonesia shall be a unitary state , with the form of a Republic.(2) Sovereignty is vested in the people and implemented pursuant to theConstitution. ***(3) The State of Indonesia is a state based on the rule of law. ***

SECTION II

MAJELIS PERMUSYAWARATAN RAKYAT

Article 2

(1) The MPR consists of the members of the DPR and the members of the DPDwho are chosen through general elections and further regulated by law. ****(2) The MPR shall convene at least once every five years in the capital of thestate.(3) All decisions of the MPR shall be taken by majority vote.

Article 3

(1) The MPR has the authority to amend and to ordain the Constitution. ***(2) The MPR installs the President and/or the Vice President. ***/****(3) The MPR may only dismiss the President and/or Vice President during their term of office in accordance with the Constitution. ***/****

SECTION III

THE STATE'S EXECUTIVE POWERS

Article 4(1) The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution.(2) In exercising his duties, the President shall be assisted by a Vice President.

Article 5(1) The President is entitled to submit bills to the DPR. *(2) The President shall issue government regulations to implement laws asneeded.

Article 6(1) A Presidential candidate and a Vice Presidential candidate has to be anIndonesian citizen from birth, who has never received another nationality of hisown volition, who has never betrayed the country, and who is mentally andphysically capable of carrying out his duties as President or Vice President. ***(2) The requirements to become President and Vice President are further regulated by law. ***

Article 6A(1) The President and the Vice President shall be elected as a pair by the peopledirectly. ***(2) Each pair for President and Vice President shall be proposed prior to generalelections by a political party or by a coalition of political parties contesting thegeneral elections. ***(3) The pair of Presidential and Vice Presidential candidates that receives more
http://en.wikipedia.org/wiki/Unitary_statehttp://en.wikipedia.org/wiki/Unitary_statehttp://en.wikipedia.org/wiki/President_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Presidential_Candidatehttp://en.wikipedia.org/wiki/Unitary_statehttp://en.wikipedia.org/wiki/President_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Presidential_Candidate


3/53

than fifty percent of the vote from the total of votes in the general election withat least twenty percent of the vote in more than half of the total number of provinces in Indonesia, shall be installed as President and Vice President. ***(4) In the event that no pair for Presidential and Vice Presidential candidates iselected, the two pairs of candidates who have received the first and secondhighest number of votes in the general election shall be submitted to directelection by the people and the pair that gets most of the votes shall be installedas President and Vice President. ****(5) The procedure to organize the election for President and Vice President shallbe further regulated by law. ***

Article 7The President and Vice President hold office for a term of five years and canafterwards be elected to the same office, for one other term only. *

Article 7AThe President and/or Vice President may be dismissed from office by the MPR

based on a proposal from the DPR, either when proven guilty of violating thelaw by betrayal of the state, of corruption, of bribery, of any other felony, or because of disgraceful behavior, as well as when proven no longer to fulfill theconditions as President and/or Vice President. ***

Article 7B(1) A proposal to dismiss the President and/or Vice President can only besubmitted by the DPR to the MPR after filing first a request to the ConstitutionalCourt to investigate, to bring to trial and to pass judgment over the DPR's viewthat the President and/or Vice President has violated the law by betrayal of thestate, through corruption, bribery, any other felony, or by disgraceful behavior;and/or over the view that the President and/or Vice President is no longer

capable of fulfilling the conditions as President and/or Vice President. ***(2) The DPR's view that the President and/or Vice President has committed sucha crime or is no longer capable of fulfilling the conditions as President and/or Vice President is to be seen in the framework of the DPR implementing itssupervisory function. ***(3) The DPR's request to the Constitutional Court can only be submitted if supported by at least 2/3 of all DPR members present in a plenary session that isattended by at least 2/3 of the total number of members in the DPR. ***(4) The Constitutional Court must investigate, bring to trial and pass the fairestjudgment possible over the DPR's view at the latest ninety days after the DPR'srequest was received by the Constitutional Court. ***(5) In the event that the Constitutional Court resolves that the President and/or Vice President is proven guilty of violating the law by betrayal of the state, of corruption, of bribery, of any other felony, or because of disgraceful behavior;and/or if proven that the President and/or Vice President is no longer capable of fulfilling the conditions as President and/or Vice President, then the DPR shallconvene a plenary session to submit a proposal to the MPR to impeach thePresident and/or Vice President. ***(6) The MPR shall convene a session to decide on the DPR's proposal at the
http://en.wikipedia.org/wiki/Twenty_percenthttp://en.wikipedia.org/wiki/Twenty_percenthttp://en.wikipedia.org/wiki/Proven_Guiltyhttp://en.wikipedia.org/wiki/Plenary_sessionhttp://en.wikipedia.org/wiki/Plenary_sessionhttp://en.wikipedia.org/wiki/Plenary_sessionhttp://en.wikipedia.org/wiki/Plenary_sessionhttp://en.wikipedia.org/wiki/Twenty_percenthttp://en.wikipedia.org/wiki/Proven_Guiltyhttp://en.wikipedia.org/wiki/Plenary_sessionhttp://en.wikipedia.org/wiki/Plenary_session


4/53

latest thirty days from the moment the MPR received this proposal. ***(7) The MPR's decision on the proposal to impeach the President and/or VicePresident shall be taken in a plenary session of the MPR attended by at least ? of the total number of members in the MPR and supported by at least 2/3 of themembers present, after the President and/or the Vice President has been giventhe opportunity to present his explanation to the plenary session of the MPR.***

Article 7CThe President may not lock out or dissolve the DPR. ***

Article 8(1) If during his term the President passes away, resigns, is impeached, or isunable to carry out his duties, he shall be replaced until the end of that term bythe Vice President. ***(2) In case the position of the Vice President falls vacant, the MPR shallconvene at the latest within sixty days to select a Vice President among two

candidates nominated by the President. ***(3) If during their term both the President and Vice President simultaneouslypass away, resign, are impeached, or are unable to carry out their duties, theoffice of the presidency shall be taken up collectively by the Minister of ForeignAffairs, the Minister of Internal Affairs , the Minister of Defense. After thirtydays at the latest, the MPR shall convene to elect for the remainder of the term aPresident and a Vice President among the two pairs for Presidential and VicePresidential candidates who were proposed by a political party or by a coalitionof political parties and who came in first and second as pairs of candidates for President and Vice President in the last general election. ****

Article 9

(1) Prior to taking office, the President and the Vice President shall take oathaccording to their religion, or to make a solemn pledge before the MPR or theDPR as follows:

The Oath of President (Vice President):

"I swear by God to fulfill the duties of President (Vice President) of theRepublic of Indonesia to the best of my capabilities and in the fairest waypossible, to uphold the Constitution by all means and to execute all laws andregulations as straightforwardly as possible as well as to dedicate myself to theservice of the Nation and the People."

The Pledge of the President (Vice President):

"I solemnly pledge to fulfill the duties of President (Vice President) of theRepublic of Indonesia to the best of my capabilities and in the fairest waypossible, to uphold the Constitution by all means and to execute all laws andregulations as straightforwardly as possible as well as to dedicate myself to theservice of the Nation and the People." *(2) In the event that the MPR or the DPR is unable to convene, the President andthe Vice President shall take oath according to their religion, or make a solemnpledge before the leadership of the MPR witnessed by the leadership of the
http://en.wikipedia.org/wiki/Minister_of_internal_affairshttp://en.wikipedia.org/wiki/Minister_of_internal_affairshttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://en.wikipedia.org/wiki/Minister_of_internal_affairshttp://en.wikipedia.org/wiki/Republic_Of_Indonesiahttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.html


5/53

Supreme Court . *

Article 10The President is the Supreme Commander of the Land Forces, the Navy and theAir Force.

Article 11(1) With the approval of the DPR the President may declare war, make peaceand conclude treaties with other countries. ****(2) When entering into other international agreements that entail broad andfundamental consequences for the existence of the people because of links to thestate's financial burden, and/or because they require amendments to laws or theenactment of new ones, the President needs the approval of the DPR. ***(3) Further provisions as to international agreements shall be regulated by law.***

Article 12The President declares the state of emergency . The conditions and consequencesof a state of emergency shall be regulated by law.Article 13(1) Ambassadors and consuls are appointed by the President.(2) In appointing ambassadors, the President shall take into account theconsiderations of the DPR. *(3) The President receives the accreditation of ambassadors from other countriestaking into account the considerations of the DPR. *

Article 14(1) The President may grant clemency and rehabilitation taking into account theconsiderations of the Supreme Court. *(2) The President may grant amnesty and abolition taking into account theconsiderations of the DPR. *

Article 15The President may grant titles, decorations, and other insignia as provided by thelaw. *

Article 16The President is to set up an advisory council whose duty it is to give thePresident advice and recommendations, and which is to be further regulated bylaw. ****

SECTION IV

DEWAN PERTIMBANGAN AGUNG

Abolished ****

SECTION V

STATE MINISTERS

Article 17(1) The President is assisted by state ministers.(2) The ministers are appointed and dismissed by the President. *
http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://en.wikipedia.org/wiki/State_Of_Emergencyhttp://en.wikipedia.org/wiki/Advisory_councilhttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://en.wikipedia.org/wiki/State_Of_Emergencyhttp://en.wikipedia.org/wiki/Advisory_council


6/53


7/53

(1) The members of the DPR are elected through a general election. **(2) The organization of the DPR is regulated by law. **(3) The DPR convenes at least once a year. **

Article 20

(1) The DPR has the power to enact laws. *(2) Each bill shall be discussed between the DPR and the President so as toreach a joint agreement. *(3) If a bill fails to reach a joint agreement, it may not be introduced to the DPR again during its current term. *(4) The President shall endorse into law a bill that has reached a joint agreement.*(5) When a bill that has already reached a joint agreement is not endorsed by thePresident within thirty days after it has been jointly approved, the bill shallnevertheless become a valid law that has to be promulgated as such. **

Article 20A

(1) The DPR has legislative, budgeting and supervisory functions. **(2) To carry out its functions the DPR, apart from the rights regulated elsewherein this Constitution, has the rights of interpellation , of enquiry, and of expressingopinions. **(3) Apart from the rights regulated elsewhere in this Constitution, each member of the DPR has the right to ask questions, to make proposals and to give hisopinion along with the right to immunity. **(4) Further provisions regarding the rights of the DPR and of the members of theDPR shall be regulated by law. **

Article 21(1) The members of the DPR have the right to introduce bills. *

Article 22(1) In compelling crisis situations the President shall have the right to issuegovernment regulations in lieu of law.(2) Such government regulations have to be approved by the DPR in its nextsession.(3) If not approved, the government regulation in question has to be revoked.

Article 22AFurther provisions about the procedure to enact laws shall be regulated by law.**

Article 22BMembers of the DPR can be removed from office, according to conditions andprocedures to be regulated by law. **SECTION VIIA ***

DEWAN PERWAKILAN DAERAH

Article 22C(1) The members of the DPD shall be elected from each province through ageneral election. ***
http://en.wikipedia.org/wiki/Interpellationhttp://en.wikipedia.org/wiki/Interpellationhttp://en.wikipedia.org/wiki/Interpellation


8/53

(2) The total number of DPD members from each province shall be the same andthe total number of members in the DPD shall not be more than 1/3 of the totalnumber of members in the DPR. ***(3) The DPD shall convene at least once a year. ***(4) The organization and authority of the DPD are to be regulated by law. ***

Article 22D(1) The DPD may submit to the DPR bills dealing with regional autonomy ,relations between the center and the regions, the establishment and growth aswell as the merger of regions, the management of natural and other economicresources, and matters related to the financial balance between the center and theregions. ***(2) The DPD is to participate in debates on bills dealing with regional autonomy;relations between the center and the regions; the establishment, growth andmerger of regions; the management of natural and other economic resources,and matters related to the financial balance between the center and the regions;and, moreover, give its recommendations to the DPR on bills dealing with thestate budget as well as on bills dealing with taxation, education, and religion.***(3) The DPD may supervise the implementation of laws regarding: regionalautonomy, the establishment and growth as well as the merger of regions, themanagement of natural and other economic resources, the implementation of thestate budget, taxation, education, and religion and may in addition submit theresults of this supervision to the DPR as input for follow-up considerations. ***(4) Members of the DPD can be removed from office, according to conditionsand procedures to be regulated by law. ***

SECTION VIIB ***

GENERAL ELECTIONSArticle 22E(1) Every five years general elections are to be organized in a direct, public, free,secret, honest, and fair way. ***(2) The general elections are organized to elect the members of the DPR, theDPD, the President and the Vice President and the DPRD. ***(3) The participants in the general elections to elect the members of the DPR andof the DPRD are political parties. ***(4) The participants in the general elections to elect the members of the DPD areindividuals. ***(5) The general elections shall be organized by a general election commissionthat shall be national, permanent and independent in nature. ***(6) Further provisions regarding the general elections are to be regulated by law.***

SECTION VIII

FINANCIAL MATTERS

Article 23(1) The state budget as the materialization of the state's financial management
http://en.wikipedia.org/wiki/Regional_autonomyhttp://en.wikipedia.org/wiki/State_budgethttp://en.wikipedia.org/wiki/State_budgethttp://en.wikipedia.org/wiki/Financial_Managementhttp://en.wikipedia.org/wiki/Regional_autonomyhttp://en.wikipedia.org/wiki/State_budgethttp://en.wikipedia.org/wiki/Financial_Management


9/53

shall annually be determined in the form of a law and be implemented in anopen and accountable way in order to achieve maximum prosperity for thepeople. ***(2) The bill on the state budget shall be submitted by the President for jointdebate with the DPR taking into account the recommendations from the DPD.***(3) If the DPR does not agree with the bill on the state budget proposed by thePresident, the Government is to implement the state budget of the precedingyear. ***

Article 23ATaxes and other compulsory levies required for the needs of the state are to beregulated by law. ***

Article 23BThe kinds and value of the national currency shall be regulated by law. ****

Article 23COther matters regarding state finances shall be regulated by law. ***Article 23DThe state owns a central bank the organization, authority, competence,responsibilities, and independence of which are regulated by law. ****

SECTION VIIIA ***

BADAN PEMERIKSA KEUANGAN

Article 23E(1) To audit the management of and accountability for the state's finances a freeand independent BPK shall be set up. ***(2) The results of the state finances' audits shall be submitted to the DPR, theDPD, the DPRD, in accordance with the competence of each. ***(3) The audit results are to be followed through by the representative institutionsand/or by other bodies in accordance with the law. ***

Article 23F(1) The members of the BPK are selected by the DPR taking into accountconsiderations from the DPD and shall be installed by the President. ***(2) BPK's management is selected from among and by its members. ***

Article 23G(1) The BPK has its main seat in the state's capital, with representations in eachprovince. ***(2) Further provisions regarding the BPK are to be regulated by law. ***

SECTION IX

THE JUDICIAL POWERS

Article 24(1) The judicial powers shall be independent with the authority to organize thejudicature in order to uphold law and justice. ***(2) The judicial powers shall be carried out by a Supreme Court and by its
http://en.wikipedia.org/wiki/Central_Bankhttp://en.wikipedia.org/wiki/Central_Bank


10/53

subordinate judicatory bodies dealing with general, religious, military, stateadministrative judicial fields, and by a Constitutional Court. ***(3) Other bodies dealing with judicial powers are to be regulated by law. ****

Article 24A

(1) The Supreme Court shall have the competence to try cassation cases, toreview regulations made under a law against that law, as well as other competences as provided by law. ***(2) Each supreme justice must have integrity and a personality beyond reproach,be just, professional and experienced in matters of law. ***(3) Candidates for supreme justices are proposed by the Judicial Commission for approval to the DPR and subsequently installed as supreme justices by thePresident. ***(4) The chairman and vice chairman of the Supreme Court are to be chosen fromamong and by the supreme justices. ***(5) The organization, authority, membership, and judicial procedures of theSupreme Court as well as of its subordinate judicatory bodies shall be regulatedby law. ***

Article 24B(1) The Judicial Commission shall be independent in nature and have thecompetence to make proposals for the appointment of supreme justices as wellas other competences within the framework of safeguarding and upholding thehonor, the high status and the behavior of judges. ***(2) The members of the Judicial Commission must have knowledge andexperience in matters of law and an integrity and personality beyond reproach.***(3) The members of the Judicial Commission are to be appointed and dismissedby the President in agreement with the DPR. ***(4) The organization, authority, and membership of the Judicial Commissionshall be regulated by law. ***

Article 24C(1) The Constitutional Court shall have the authority to make final decisions incases of first and last instance handling the review of laws against theConstitution, to decide on authority arguments among state institutions whosecompetence is enshrined in the Constitution, to decide on the dissolution of political parties, and to decide on disputes regarding general election results. ***(2) The Constitutional Court has the duty to rule on an opinion of the DPR regarding alleged violations of the Constitution by the President or the VicePresident. ***(3) The Constitutional Court shall have as its members nine constitutionaljustices, to be installed by the President, three among them nominated by theSupreme Court, three by the DPR, and three by the President. ***(4) The chairman and the vice chairman of the Constitutional Court are to beelected from among and by the constitutional justices. ***(5) The constitutional justices must have integrity and a personality beyondreproach, be just, statesmanlike, master constitutional and state administrative
http://en.wikipedia.org/wiki/Cassationhttp://en.wikipedia.org/wiki/Cassationhttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://en.wikipedia.org/wiki/Chairman_of_the_Constitutional_Courthttp://en.wikipedia.org/wiki/Cassationhttp://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.htmlhttp://en.wikipedia.org/wiki/Chairman_of_the_Constitutional_Court


11/53

matters, and not hold a position as state official. ***(6) The appointment and dismissal of constitutional justices, judicial proceduresand other provisions dealing with the Constitutional Court are to be regulated bylaw. ***

Article 25The conditions to become or to be dismissed as a judge are determined by law.

SECTION IXA **

STATE TERRITORY

Article 25AThe Unitary State of the Republic of Indonesia is an archipelagic state thesurface and boundaries of which are to be established by law. **

SECTION X

CITIZENS AND RESIDENTS

Article 26(1) Citizens are those who are indigenous Indonesians and persons of foreignorigin who are legalized as citizens in accordance with the law.(2) Residents consist of Indonesian citizens and foreigners residing in Indonesia.**(3) Matters of citizenship and residency are to be regulated by law. **

Article 27(1) All citizens shall have equal status before the law and the government andhold without exemption the law and the government in esteem.(2) Each citizen shall be entitled to an occupation and an existence proper for ahuman being.(3) Each citizen shall have the right and the duty to participate in the defense of the nation. **

Article 28The liberties of association and assembly, the freedom of thought expressedverbally or in writing and similar rights are to be determined by law.

SECTION XA **

FUNDAMENTAL HUMAN RIGHTS

Article 28AEach person has the right to live and the right to defend his life and existence. **

Article 28B

(1) Each person has the right to establish a family and to generate offspringthrough a lawful marriage. **(2) Each child has the right to live, grow up, and develop as well as the right toprotection from violence or discrimination. **

Article 28C(1) Every person has the right to self-realization through the fulfillment of hisbasic needs, the right to education and to partake in the benefits of science and
http://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Fundamental_human_rightshttp://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Fundamental_human_rightshttp://en.wikipedia.org/wiki/Science_and_Technology


12/53

technology , art and culture, so as to improve the quality of his life and the well-being of mankind. **(2) Each person has the right to self-improvement by way of a collectivestruggle for his rights with a view to developing society, the nation, and thecountry. **

Article 28D(1) Each person has the right to recognition, security, protection and certaintyunder the law that shall be just and treat everybody as equal before the law. **(2) Every person is entitled to an occupation as well as to get income and a fair and proper treatment in labor relations. **(3) Each citizen has the right to equal opportunity in government. **(4) Each person has a right to a nationality. **

Article 28E(1) Each person is free to worship and to practice the religion of his choice, tochoose education and schooling, his occupation, his nationality, his residency in

the territory of the country that he shall be able to leave and to which he shallhave the right to return. **(2) Each person has the right to be free in his convictions, to assert his thoughtsand tenets, in accordance with his conscience. **(3) Each person has the right to freely associate, assemble, and express hisopinions. **

Article 28FEach person has the right to communication and to acquiring information for hisown and his social environment's development, as well as the right to seek,obtain, possess, store, process, and spread information via all kinds of channelsavailable. **

Article 28G(1) Each person is entitled to protection of self, his family, honor, dignity, theproperty he owns, and has the right to feel secure and to be protected againstthreats from fear to do or not to do something that is part of basic rights. **(2) Each person has the right to be free from torture or inhuman and degradingtreatment and shall be entitled to obtain political asylum from another country.**

Article 28H(1) Each person has a right to a life of well-being in body and mind, to a place todwell, to enjoy a good and healthy environment, and to receive medical care. **(2) Each person has the right to facilities and special treatment to get the same

opportunities and advantages in order to reach equality and justice. **(3) Each person is entitled to social security enabling him to develop his entireself unimpaired as a dignified human being. **(4) Each person has the right to own private property and such ownership shallnot be appropriated arbitrarily by whomsoever. **

Article 28I(1) The rights to life, to remain free from torture, to freedom of thought and
http://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Inhuman_and_degrading_treatmenthttp://en.wikipedia.org/wiki/Inhuman_and_degrading_treatmenthttp://en.wikipedia.org/wiki/Inhuman_and_degrading_treatmenthttp://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Inhuman_and_degrading_treatmenthttp://en.wikipedia.org/wiki/Inhuman_and_degrading_treatment


13/53

conscience, to adhere to a religion, the right not to be enslaved, to be treated asan individual before the law, and the right not to be prosecuted on the basis of retroactive legislation , are fundamental human rights that shall not be curtailedunder any circumstance. **(2) Each person has the right to be free from acts of discrimination based onwhat grounds ever and shall be entitled to protection against such discriminativetreatment. **(3) The cultural identities and rights of traditional communities are to berespected in conjunction with progressing times and civilization. **(4) Protecting, promoting, upholding, and the full realization of human rights arethe responsibilities of the state, foremost of the government. **(5) To uphold and protect human rights in accordance with the principles of ademocratic and law-based state, the implementation of fundamental humanrights is to be guaranteed, regulated, and laid down in laws and regulations. **

Article 28J(1) Each person has the obligation to respect the fundamental human rights of others while partaking in the life of the community, the nation, and the state. **(2) In exercising his rights and liberties, each person has the duty to accept thelimitations determined by law for the sole purposes of guaranteeing therecognition and respect of the rights and liberties of other people and of satisfying a democratic society's just demands based on considerations of morality, religious values, security, and public order. **

SECTION XI

RELIGION

Article 29(1) The state is based on the belief in the One and Only God.

(2) The state guarantees each and every citizen the freedom of religion and of worship in accordance with his religion and belief.

SECTION XII **

DEFENSE AND SECURITY OF THE STATE

Article 30(1) Each citizen has the right and the duty to participate in the defense andsecurity of the state. **(2) The defense and security of the state are undertaken through a defense andsecurity system that encompasses the entire population with TNI and POLRI asthe main powers, and the population as the supporting power. **

(3) TNI comprises the Land Forces, the Navy, and the Air Force as the state'sinstruments to defend, protect, and maintain the state's integrity and sovereignty.**(4) POLRI is the state's instrument to safeguard security along with law andorder among the population and has the duty to protect, to shield, and to servethe population, as well as to uphold the law. **(5) The structure and the authority of TNI, of POLRI, the relations as to theauthorities of each TNI and POLRI in exercising their duties, the conditions
http://en.wikipedia.org/wiki/Retroactive_legislationhttp://en.wikipedia.org/wiki/Fundamental_human_rightshttp://en.wikipedia.org/wiki/Fundamental_human_rightshttp://en.wikipedia.org/wiki/Retroactive_legislationhttp://en.wikipedia.org/wiki/Fundamental_human_rightshttp://en.wikipedia.org/wiki/Fundamental_human_rights


14/53

under which the citizens can partake in the state's defense and security, as wellas other aspects regarding defense and security are to be regulated by law. **

SECTION XIII ****

EDUCATION AND CULTURE

Article 31(1) Each citizen has the right to an education. ****(2) Each citizen is obliged to follow elementary education and the governmenthas the duty to fund this. ****(3) The government organizes and implements a national education system, tobe regulated by law, that aims at enhancing religious and pious feelings as wellas moral excellence with a view to upgrading national life. ****(4) The state shall give priority to the education budget by allocating at leasttwenty percent of the state's as well as of the regional budgets to meet therequirements of implementing national education. ****(5) The government advances science and technology along with holdingreligious values and national unity in high esteem with a view to promotingcivilization as well as the well-being of humanity. ***

Article 32(1) The state shall advance Indonesia's national culture among the civilizationsof the world by guaranteeing the freedom of the people to maintain and developcultural values. ****(2) The state shall respect and preserve the languages in the regions as nationalcultural treasures. ****

SECTION XIV ****

NATIONAL ECONOMY AND SOCIAL WELFARE

Article 33(1) The economy is to be structured as a common endeavor based on familialprinciples. ****(2) Production sectors that are vital to the state and that affect the livelihood of aconsiderable part of the population are to be controlled by the state. ****(3) The land and the waters as well as the natural riches therein are to becontrolled by the state to be exploited to the greatest benefit of the people. ****(4) The organization of the national economy shall be based on economicdemocracy that upholds the principles of solidarity, efficiency along withfairness, sustainability, keeping the environment in perspective, self-sufficiency,and that is concerned as well with balanced progress and with the unity of the

national economy. ****(5) Further provisions regarding the implementation of this article are to beregulated by law. ****

Article 34(1) Impoverished persons and abandoned children are to be taken care of by thestate. ****(2) The state develops a social security system for everybody and empowers theweak and underprivileged in society in accordance with their dignity as human
http://en.wikipedia.org/wiki/Twenty_percenthttp://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Social_security_systemhttp://en.wikipedia.org/wiki/Twenty_percenthttp://en.wikipedia.org/wiki/Science_and_Technologyhttp://en.wikipedia.org/wiki/Social_security_system


15/53

beings. ****(3) The state has the responsibility to provide proper medical and public servicefacilities. ****(4) Further provisions regarding the implementation of this article are to beregulated by law. ****

SECTION XV **

THE STATE'S FLAG, LANGUAGE, AND COAT OF ARMS, AND THENATIONAL ANTHEM

Article 35The flag of the Indonesian state is the "Sang Merah Putih".

Article 36The language of the state is "Bahasa Indonesia".

Article 36AThe state's Coat of Arms is the "Garuda Pancasila" with "Bhinneka Tunggal Ika"

as its motto. **Articles 36BThe national anthem is " Indonesia Raya ". **

Article 36CFurther provisions regarding the flag, language, and coat of arms of the state, aswell as to the national anthem are to be regulated by law. **

SECTION XVI

AMENDMENTS TO THE CONSTITUTION

Article 37(1) Proposals to amend articles of the Constitution can be put on the agenda of the MPR session if submitted by at least 1/3 of the total number of members inthe MPR. ****(2) Each proposal to amend articles of the Constitution has to be submitted inwriting and to mention clearly which part should to be amended and for whatreason. ****(3) To amend articles of the Constitution the MPR session has to be attended byat least 2/3 of all members of the MPR. ****(4) A decision to amend articles of the Constitution requires the agreement of atleast fifty percent plus one vote of all the members of the MPR. ****(5) Especially those provisions regarding the form of the Unitary State of theRepublic of Indonesia may not be amended. ****

TRANSITIONAL PROVISIONSArticle IAll existing laws and regulations shall remain valid until new ones under thisConstitution come into effect. ****

Article IIAll existing state institutions shall continue to implement the provisions of theConstitution as long as they have not been replaced by new ones under this
http://en.wikipedia.org/wiki/National_Anthemhttp://en.wikipedia.org/wiki/Indonesia_Rayahttp://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Article_IIhttp://en.wikipedia.org/wiki/National_Anthemhttp://en.wikipedia.org/wiki/Indonesia_Rayahttp://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Unitary_State_of_the_Republic_of_Indonesiahttp://en.wikipedia.org/wiki/Article_II


16/53

Constitution. ****

Article IIIThe Constitutional Court has to be established at the latest by 17 August 2003and until such establishment all its competencies shall be carried out by the

Supreme Court. ***ADDITIONAL PROVISIONS

Article IThe MPR shall review the contents and the legal status of the decisions of theMPRS and the MPR for decision by the MPR session of 2003. ****

Article IIWith the enactment of these constitutional amendments, the 1945 Constitutionof the Republic of Indonesia shall consist of a Preamble and articles. ****

Remarks

Up to July 2003, the Constitution has been amended four times. The asterisksused in the titles of the Sections or after a paragraph in an article, refer to theamendment concerned:

* the First Amendment of 19 October 1999

** the Second Amendment of 18 August 2000

*** the Third Amendment of 9 November 2001

**** the Fourth Amendment of 11 August 2002

This present translation is an original one, made for an on behalf of the Ministryof Foreign Affairs of the Republic of Indonesia as a Certified Translation, andcompleted on July 1, 2003. The work of the experts and translators involved was

coordinated and supervised by Idris Kyrway, certified translator for law matters:[email protected] or [email protected] .

Comments are welcomed and e-mail respondents are assured of a personal reply.

The Translation Team has preferred to keep typical Indonesian terms and / or acronyms for which there is no standard English translation yet, pending aregulation on this matter, in Bahasa Indonesia. In the order as they appear in theConstitution, these terms are:

MPR - Majelis Permusyawaratan Rakyat . The English equivalent most oftenused is: People's Consultative AssemblyDPR - Dewan Perwakilan Rakyat. The English equivalent most often used isHouse of Representatives.DPD - Dewan Perwakilan Daerah, Regional Representatives Council.Dewan Pertimbangan Agung. The English equivalent that was most often usedfor this abolished institution was Supreme Advisory Council.Kabupaten - a geographical and administrative subdivision immediately under the provincial level, often translated as "regency" when referring to colonialtimes, or as "district" in post-colonial times.Kota - At the national level, an agglomeration as an administrative unit has to
http://en.wikipedia.org/wiki/Article_IIhttp://en.wikipedia.org/wiki/Ministry_of_Foreign_Affairshttp://en.wikipedia.org/wiki/Ministry_of_Foreign_Affairsmailto:[email protected]:[email protected]:[email protected]://en.wikipedia.org/wiki/Majelis_Permusyawaratan_Rakyathttp://en.wikipedia.org/wiki/Majelis_Permusyawaratan_Rakyathttp://en.wikipedia.org/wiki/Article_IIhttp://en.wikipedia.org/wiki/Ministry_of_Foreign_Affairshttp://en.wikipedia.org/wiki/Ministry_of_Foreign_Affairsmailto:[email protected]:[email protected]://en.wikipedia.org/wiki/Majelis_Permusyawaratan_Rakyat


17/53

answer several criteria to be considered a "city" or kota. Yet, since theintroduction of regional autonomy, the capital of a kabupaten is also called a"kota", often without fulfilling the requirements to be recognized as a "city" atthe national level. "Kota" is often translated as "municipality" (Dutch: gemeente- French: commune, municipalite - German: Gemeinde) but all these foreignterms may in their country of origin also apply to small administrative unitssome of which would be considered in Indonesia a "desa" or village.DPRD - Dewan Perwakilan Rakyat Daerah, Regional House of Representatives .Bupati - the Chief of a kabupaten.BPK - Badan Pemeriksa Keuangan, Financial Audit Board.TNI - Tentara Nasional Indonesia. Since the Police split up from ABRI(Angkatan Bersenjata Republik Indonesia - the Indonesian Armed Forces), TNInow refers exclusively to the military. TNI is often translated as "Army",although this term is better reserved to refer to the ground troops or land-forces(Angkatan Darat).POLRI - Polisi Republik Indonesia. The Police, or the Police Forces.

Sang Merah Putih - "The Red-White", referring to the two colors of the stateflag.Bahasa - In Indonesian, the name of a language as for example in bahasa Inggrisor Bahasa Indonesia is normally preceded by "bahasa" meaning simply"language". When placed before "Indonesia" the term is written with a capitalletter. When used on its own, the term "Bahasa" refers exclusively to "theIndonesian Language".Garuda Pancasila - Garuda is a mythological eagle and among other things alsothe symbol and emblem of Indonesia's national airline "Garuda Indonesia";Pancasila is a Sanscrit term meaning "five principles", referring to the 5 tenets of the state's ideology.Bhinneka Tunggal Ika - Sanscrit for "Unity in Diversity".Indonesia Raya - great, or glorious Indonesia.MPRS - Majelis Permusyawaratan Rakyat Sementara. This term refersspecifically to the emergency session of the MPR during which PresidentSoekarno was replaced as Head of State by General Soeharto.

Posted on 2005-11-30Back to [Constitution / Konstitusi ]

remarks:4

Asian Human Rights Commission

For any suggestions, please email to [email protected] .

7 users online
http://en.wikipedia.org/wiki/House_of_representativeshttp://en.wikipedia.org/wiki/House_of_representativeshttp://en.wikipedia.org/wiki/Bahasa_Indonesiahttp://en.wikipedia.org/wiki/Bahasa_Indonesiahttp://en.wikipedia.org/wiki/Bhinneka_Tunggal_Ikahttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/http://indonesia.ahrchk.net/news/mainfile.php/Constitution/http://indonesia.ahrchk.net/news/mainfile.php/Constitution/http://en.wikipedia.org/wiki/Asian_Human_Rights_Commissionmailto:[email protected]://en.wikipedia.org/wiki/House_of_representativeshttp://en.wikipedia.org/wiki/Bahasa_Indonesiahttp://en.wikipedia.org/wiki/Bhinneka_Tunggal_Ikahttp://indonesia.ahrchk.net/news/mainfile.php/Constitution/http://en.wikipedia.org/wiki/Asian_Human_Rights_Commissionmailto:[email protected]


18/53

53651 visits69507 hits

istoryIn 1945 , facing the need to pull together the diverse archipelago, the future President Sukarno promulgated Pancasila as a recipe for Indonesian patriotism . The ideology was announced in aspeech known as "The Birth of the Pancasila", in which Sukarno gave to the IndependencePreparatory Committee on 1 June 1945 (Saafroedin Bahar et al 1992:65-72). He thus helpedsolve the conflict between Muslims, nationalists and Christians. The 1945 Constitution then setforth the Pancasila as the embodiment of basic principles of an independent Indonesian state.

The Five Principles(1) Belief in the one and only God ( Ketuhanan yang Maha Esa )This principle reaffirms the Indonesian people s belief that God does exist. It also implies that

the Indonesian people believe in life after death. It emphasizes that the pursuit of sacred valueswill lead the people to a better life in the hereafter. The principle is embodied in the 1945Constitution and reads: "The state shall be based on the belief in the one and only God".

(2) Just and civilized humanity ( Kemanusiaan yang Adil dan Beradab )This principle requires that human beings be treated with due regard to their dignity as Godscreatures. It emphasizes that the Indonesian people do not tolerate physical or spiritualoppression of human beings by their own people or by any other nation.

(3) The unity of Indonesia ( Persatuan Indonesia )This principle embodies the concept of nationalism , of love for ones nation and motherland. Itenvisages the need to always foster national unity and integrity. Pancasila nationalism demandsthat Indonesians avoid feelings of superiority on the grounds of ethnicity , for reasons of ancestryand skin color. In 1928 Indonesian youth pledged to have one country, one nation and onelanguage, while the Indonesian coat of arms enshrines the symbol of " Bhinneka Tunggal Ika "which means "unity in diversity".

(4) Democracy guided by the inner wisdom in the unanimity arising out of deliberations amongst representatives ( Kerakyatan yang Dipimpin oleh Hikmat Kebijaksanaan dalam Permusyawaratan/Perwakilan )
http://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/Presidenthttp://encycl.opentopia.com/term/Sukarnohttp://encycl.opentopia.com/term/Patriotismhttp://encycl.opentopia.com/term/1_Junehttp://encycl.opentopia.com/term/1_Junehttp://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/Constitutionhttp://encycl.opentopia.com/term/Constitutionhttp://en.wikipedia.org/wiki/Indonesian_peoplehttp://encycl.opentopia.com/term/Nationalismhttp://encycl.opentopia.com/term/Ethnicityhttp://encycl.opentopia.com/term/Ethnicityhttp://en.wikipedia.org/wiki/Indonesian_coat_of_armshttp://encycl.opentopia.com/term/Bhinneka_Tunggal_Ikahttp://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/Presidenthttp://encycl.opentopia.com/term/Sukarnohttp://encycl.opentopia.com/term/Patriotismhttp://encycl.opentopia.com/term/1_Junehttp://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/Constitutionhttp://en.wikipedia.org/wiki/Indonesian_peoplehttp://encycl.opentopia.com/term/Nationalismhttp://encycl.opentopia.com/term/Ethnicityhttp://en.wikipedia.org/wiki/Indonesian_coat_of_armshttp://encycl.opentopia.com/term/Bhinneka_Tunggal_Ika


19/53

Pancasila democracy calls for decision-making through deliberations, or musyawarah , to reach aconsensus, or mufakat . It is democracy that lives up to the principles of Pancasila. This impliesthat democratic right must always be exercised with a deep sense of responsibility to Godaccording to ones own conviction and religious belief, with respect for humanitarian values of mans dignity and integrity, and with a view to preserving and strengthening national unity andthe pursuit of social justice.

5) Social justice for the whole of the people of Indonesia ( Keadilan Sosial bagi Seluruh Rakyat Indonesia )This principle calls for the equitable spread of welfare to the entire population, not in a static butin a dynamic and progressive way. This means that all of the countrys natural resources and thenational potentials should be utilized for the greatest possible good and happiness of the people.Social justice implies protection of the weak. But protection should not deny them work. On thecontrary, they should work according to their abilities and fields of activity. Protection shouldprevent willful treatment by the strong and ensure the rule of justice.

DevelopmentSince its inception, Pancasila has been in the center of differences of opinion. One prime area of contention concerned the first of the five "pillars", the belief in the all-oneness of God (ketuhanan yang mahaesa ). During the negotiations concerning this principle the nationalistswere concerned that the formulation ought to promote religious freedom The Muslims wanted aformulation where the religion of Indonesia is Islam .

A historical anachronism is found in the Constitution. On August 18 1945, the group that ratifiedthe Constitution unanimously agreed that the term " Allah " (God) should be replaced by "Tuhan" (lord), a more general term which was supported by the Hindus (Saafroedin Bahar et al1992:305). The word 'Tuhan' is used in the preamble to the Constitution , but the term Allahappears in Article 9, which specifies the wording of the presidential oath of office. There is analternative presidential 'promise' in the same article which does not mention God at all.Incidentally, the word 'Allah' is used in Indonesian language version of the Bible , but thepronciation is different from that used by Muslims.

Apparently many Muslims wanted an Islamic state where Muslims would be obliged to abide bysharia law . They therefore proposed an addition to the first principle: "with obligation tofollow sharia law for its adherents" (Jakarta Charter, 22 June 1945 ). This was turned down in1945. Later this led to a deadlock in the "konstituante", the national assembly that in 1956 waselected to draft a new Constitution. In 1959 president Sukarno solved the problem by dissolvingthe "konstituante" and issuing the following decree: "We believe that Jakarta Charter of June 22,1945 is the soul of the Constitution of 1945 and that it functions as a unit with thisConstitution therefore we, the President of Indonesia and Commander in Chief of theIndonesian forces, declare that the 1945 Constitution is reinstated." Thus the Jakarta Charter

has no legal status beyond its inspirational character. Indonesia's second president, Suharto, wasa strong supporter of Pancasila. In his time Pancasila was made mandatory in the constitutions of social and religious organisations. Additionally, a one or twoweek course in Pancasila (P4)was made obligatory for all who wanted to take higher education.

Philosophies of PancasilaPancasila has been known by the world as a state philosophy of Indonesian Republic. In fact, thecontent of the philosophy has been changeably understood and interpreted by different
http://encycl.opentopia.com/term/Democracyhttp://encycl.opentopia.com/term/Democracyhttp://encycl.opentopia.com/term/Humanitarianismhttp://encycl.opentopia.com/term/Humanitarianismhttp://encycl.opentopia.com/term/Godhttp://encycl.opentopia.com/term/Religionhttp://encycl.opentopia.com/term/Islamhttp://encycl.opentopia.com/term/Islamhttp://encycl.opentopia.com/term/Allahhttp://encycl.opentopia.com/term/Hinduismhttp://encycl.opentopia.com/term/Hinduismhttp://encycl.opentopia.com/term/Hinduismhttp://en.wikipedia.org/wiki/Preamble_to_the_Constitutionhttp://en.wikipedia.org/wiki/Preamble_to_the_Constitutionhttp://encycl.opentopia.com/term/Biblehttp://encycl.opentopia.com/term/Sharia_lawhttp://encycl.opentopia.com/term/22_Junehttp://encycl.opentopia.com/term/22_Junehttp://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/1945http://encycl.opentopia.com/term/Democracyhttp://encycl.opentopia.com/term/Humanitarianismhttp://encycl.opentopia.com/term/Godhttp://encycl.opentopia.com/term/Religionhttp://encycl.opentopia.com/term/Islamhttp://encycl.opentopia.com/term/Allahhttp://encycl.opentopia.com/term/Hinduismhttp://en.wikipedia.org/wiki/Preamble_to_the_Constitutionhttp://encycl.opentopia.com/term/Biblehttp://encycl.opentopia.com/term/Sharia_lawhttp://encycl.opentopia.com/term/22_Junehttp://encycl.opentopia.com/term/1945


20/53

philosophers. Pancasila has been an object of philosophical discourse since 1945 onwards. ThePancasila philosophers continually renewed the content, so that its meaning varied from time totime. The following are chronological analysis of the content of philosophies of Pancasila:

The Founding Fathers philosophyIt is the Pancasila that accepts much foreign influence of Western thought. The formulators of 'the first Pancasila' who gathered in a committee of preparation of Indonesian independence(BPUPKI), such as Mohamad Yamin, Soepomo, Soekarno , and Mohammad Hatta , were mostlyinspired by Western concepts of humanism , rationalism , universalism , social-democracy ,German national socialism , parliamentary democracy , republic , and nationalism . The originalwording of Pancasila of 1945 showed the Western influence very clearly. 'Kemanusiaan yangadil dan beradab' is Indonesian translation of English universal humanism , 'persatuan Indonesia'is inspired by German ein totaler Fuhrerstaat , 'kerakyatan yang dipimpin oleh hikmat-kebijaksanaan dalam permusyawaratan perwakilan' is Indonesian translation of parliamentarydemocracy lead by rationalism , and 'keadilan sosial bagi seluruh rakyat Indonesia' is inspired bysocio-economic democracy (Sekretariat Negara Republik Indonesia 1995:8-84). In conclusion,Pancasila of 1945 is a philosophical synthesis done by Western-inspired Indonesian intellectuals.

Soekarnos philosophyThis Pancasila philosophy had been formulated by Soekarno alone since 1955 to 1965. Soekarnoalways boasted during his visit abroad that Pancasila was original philosophy of Indonesianorigin, which he found out of the philosophical tradition taking roots in Indonesian history ,including indigenous philosophical tradition, Indian-Hindu, Western-Christian, and Arab-Islamictraditions. 'Ketuhanan', to him, was originally indigenous and he is true, while 'Kemanusiaan'was inspired by Hindu concept of Tat Twam Asi , Islamic concept of fardhukifayah , and Christianconcept of Hebs U naasten lief gelijk U zelve, God boven alles . Soekarno never touched'Persatuan'; he might admit silently that it was taken from Western concept of nationalism. Hefinally explained that 'Keadilan sosial' was inspired by Javanese concept of Ratu Adil (The JustLord), a messianistic Javanese ruler who would set the people free from all kind of oppression.He found also some similarity of the concept in Western social-democracy thoughts of FritzAdler , Liebknecht, and Juarez (Wawan Tunggul Alam 2001:56-57).

Soehartos philosophyIn Soehartos hands, philosophy of Pancasila underwent what be called indigenization. AllWestern elements subsumed within Pancasila since 1945 were eradicated systematically by somegroups of Pancasila philosophers, sponsored by Soeharto through his Culture and EducationDepartment (Depdikbud) in order to find out indigenous legacy ( adat ) which accords withPancasilas five basic teachings. There is no Western residues survived before those philosophersin Pancasila. Ketuhanan, Kemanusiaan, Persatuan, Kerakyatan, and Keadilan Sosialwere claimed by them as purely Indonesian notions of indigenous origin. They proved the

teachings as indigenous by exploring and finding out adat legacies scattered out in provinces of Indonesia , such as adat social structure, adat literary products, adat religious teachings, and adatethics. They succeeded enormously and their findings were used by Soeharto to unite Indonesianpeople. Among the Pancasila philosophers sponsored by Soeharto are Sunoto and R. Parmono.They both are also known as the pioneers of Indonesian philosophy studies.

Soehartos philosophy and critical scopeSince Soehartos presidency, the latest kind of Pancasila philosophy has been developing. LatestPancasila philosophers like Sunoto, Gerson W. Bawengan, Wasito Poespoprodjo, Burhanuddin
http://en.wikipedia.org/wiki/Indonesian_independencehttp://en.wikipedia.org/wiki/Indonesian_independencehttp://encycl.opentopia.com/term/Soekarnohttp://encycl.opentopia.com/term/Mohammad_Hattahttp://encycl.opentopia.com/term/Humanismhttp://encycl.opentopia.com/term/Humanismhttp://encycl.opentopia.com/term/Rationalismhttp://encycl.opentopia.com/term/Rationalismhttp://encycl.opentopia.com/term/Universalismhttp://encycl.opentopia.com/term/Universalismhttp://encycl.opentopia.com/term/Social-democracyhttp://encycl.opentopia.com/term/National_socialismhttp://encycl.opentopia.com/term/Parliamentary_democracyhttp://encycl.opentopia.com/term/Parliamentary_democracyhttp://encycl.opentopia.com/term/Republichttp://encycl.opentopia.com/term/Republichttp://encycl.opentopia.com/term/Nationalismhttp://encycl.opentopia.com/term/Nationalismhttp://en.wikipedia.org/wiki/Indonesian_historyhttp://encycl.opentopia.com/term/Fritz_Adlerhttp://encycl.opentopia.com/term/Fritz_Adlerhttp://encycl.opentopia.com/term/Juarezhttp://encycl.opentopia.com/term/Juarezhttp://encycl.opentopia.com/term/Adathttp://en.wikipedia.org/wiki/Provinces_of_Indonesiahttp://en.wikipedia.org/wiki/Provinces_of_Indonesiahttp://encycl.opentopia.com/term/Adathttp://en.wikipedia.org/wiki/Indonesian_independencehttp://encycl.opentopia.com/term/Soekarnohttp://encycl.opentopia.com/term/Mohammad_Hattahttp://encycl.opentopia.com/term/Humanismhttp://encycl.opentopia.com/term/Rationalismhttp://encycl.opentopia.com/term/Universalismhttp://encycl.opentopia.com/term/Social-democracyhttp://encycl.opentopia.com/term/National_socialismhttp://encycl.opentopia.com/term/Parliamentary_democracyhttp://encycl.opentopia.com/term/Republichttp://encycl.opentopia.com/term/Nationalismhttp://en.wikipedia.org/wiki/Indonesian_historyhttp://encycl.opentopia.com/term/Fritz_Adlerhttp://encycl.opentopia.com/term/Fritz_Adlerhttp://encycl.opentopia.com/term/Juarezhttp://encycl.opentopia.com/term/Adathttp://en.wikipedia.org/wiki/Provinces_of_Indonesiahttp://en.wikipedia.org/wiki/Provinces_of_Indonesiahttp://encycl.opentopia.com/term/Adat


21/53

Salam, Bambang Daroeso, Paulus Wahana, Azhary, Suhadi, Kaelan, Moertono, SoerjantoPoespowardojo and many others, contributed in this philosophical discourse. However, as thiskind of philosophy developed under Soehartos hegemonic tutelage, a doubt now can arise: doesthis latest kind of Pancasila philosophy have critical character? Or, at least, does this philosophyhave a few criticizing elements if any to Soehartos political praxis? This question calls a deepanalysis.

CriticismsPrinciple 1 in particular has been critiziced as denying the rights of believers in polytheisticreligions, notably Hinduism , which is practiced by a significant minority of Indonesians. On theother hand this principle also guarantees that the concept of God in Hinduism and Buddhism isequal to the concept of God in the Islam and the Christendom.

In contrast, some conservative Muslim s have criticized Pancasila for being too secular andinclusive, diluting the uniqueness of Islam by placing man-made precepts at a higher level thanthe Qur'an . For example, the Jemaah Islamiyah (JI) terror group is the latest anti-Pancasilamanifestation. JI's progenitor was the Darul Islam movement which in 1948 challenged the new

secularist republic through civil war that claimed some 27,000 lives.During Suharto 's regime, it can be argued that only Principles 1 and 3 were ever observed by thestate government.

External links

File:IndonesianPoliticalSystem.pngFrom Wikipedia , the free encyclopedia

Jump to: navigation , search

File File history File links
http://encycl.opentopia.com/term/Polytheismhttp://encycl.opentopia.com/term/Hinduismhttp://en.wikipedia.org/wiki/Concept_of_Godhttp://en.wikipedia.org/wiki/Concept_of_Godhttp://encycl.opentopia.com/term/Muslimhttp://encycl.opentopia.com/term/Qur'anhttp://encycl.opentopia.com/term/Jemaah_Islamiyahhttp://encycl.opentopia.com/term/Darul_Islamhttp://encycl.opentopia.com/term/1948http://encycl.opentopia.com/term/1948http://encycl.opentopia.com/term/Civil_warhttp://encycl.opentopia.com/term/Civil_warhttp://encycl.opentopia.com/term/Suhartohttp://encycl.opentopia.com/term/Suhartohttp://wikipedia.org/http://encycl.opentopia.com/term/Polytheismhttp://encycl.opentopia.com/term/Hinduismhttp://en.wikipedia.org/wiki/Concept_of_Godhttp://encycl.opentopia.com/term/Muslimhttp://encycl.opentopia.com/term/Qur'anhttp://encycl.opentopia.com/term/Jemaah_Islamiyahhttp://encycl.opentopia.com/term/Darul_Islamhttp://encycl.opentopia.com/term/1948http://encycl.opentopia.com/term/Civil_warhttp://encycl.opentopia.com/term/Suhartohttp://wikipedia.org/


22/53

No higher resolution available.IndonesianPoliticalSystem.png (800 600 pixels, file size: 30 KB, MIME type :image/png)

This is a file from the Wikimedia Commons . Information from its description page there is shown below.

Commons is a freely licensed media file repository. You can help .

[edit ] SummaryDescriptio IndonesianPoliticalSystem.png
http://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://en.wikipedia.org/wiki/Mime_typehttp://commons.wikimedia.org/wiki/Main_Pagehttp://commons.wikimedia.org/wiki/File:IndonesianPoliticalSystem.pnghttp://commons.wikimedia.org/wiki/Commons:Welcomehttp://commons.wikimedia.org/wiki/Commons:Welcomehttp://commons.wikimedia.org/w/index.php?title=File:IndonesianPoliticalSystem.png&action=edit&section=1http://commons.wikimedia.org/wiki/File:IndonesianPoliticalSystem.pnghttp://en.wikipedia.org/wiki/File:Commons-logo.svghttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://en.wikipedia.org/wiki/Mime_typehttp://commons.wikimedia.org/wiki/Main_Pagehttp://commons.wikimedia.org/wiki/File:IndonesianPoliticalSystem.pnghttp://commons.wikimedia.org/wiki/Commons:Welcomehttp://commons.wikimedia.org/w/index.php?title=File:IndonesianPoliticalSystem.png&action=edit&section=1


23/53

n English: The Indonesian political structure before and after theconstitutional reformsBahasa Indonesia : Struktur Ketatanegaraan Republik Indoneasiasebelum dan sesudah perubahan UUD 1945

Date 27 June 2008(2008-06-27)

Source Penabur Ilmu (publisher) Undang-Undang Dasar Negara Republik IndonesiaTahun 1995 (The Indonesian Constitution of 1945) (no date, no ISBN)

Author Davidelit

Permission

( Reusing this file )

See below.

[edit ] LicensingPublic

domainPublic dom
http://en.wikipedia.org/wiki/Bahasa_Indonesiahttp://commons.wikimedia.org/wiki/User:Davidelithttp://commons.wikimedia.org/wiki/Commons:Reusing_content_outside_Wikimediahttp://commons.wikimedia.org/wiki/Commons:Reusing_content_outside_Wikimediahttp://commons.wikimedia.org/w/index.php?title=File:IndonesianPoliticalSystem.png&action=edit&section=2http://commons.wikimedia.org/wiki/Commons:Copyright_tagshttp://en.wikipedia.org/wiki/Bahasa_Indonesiahttp://commons.wikimedia.org/wiki/User:Davidelithttp://commons.wikimedia.org/wiki/Commons:Reusing_content_outside_Wikimediahttp://commons.wikimedia.org/wiki/Commons:Reusing_content_outside_Wikimediahttp://commons.wikimedia.org/w/index.php?title=File:IndonesianPoliticalSystem.png&action=edit&section=2http://commons.wikimedia.org/wiki/Commons:Copyright_tags


24/53

ainf alsef alse

I, the copyright holder of this work, release this work into the publicdomain . This applies worldwide.In some countries this may not be legally possible; if so:I grant anyone the right to use this work for any purpose , without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse

File historyClick on a date/time to view the file as it appeared at that time.

Date/Time ThumbnailDimensi

onsUser Comment

curre

nt

14:21, 27 June

2008

800600

(30 KB)

Davide

lit

({{Information |Description={{en|1=TheIndonesian politicalstructure before and afterthe constitutionalreforms}} {{id|1= Struktur Ketatanegaraan RepublikIndoneasia sebelum dansesudah perubahan UUD1945}} |Source=PenaburIlmu (publisher) ''Undang-Undang)
http://en.wikipedia.org/wiki/en:public_domainhttp://en.wikipedia.org/wiki/en:public_domainhttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://en.wikipedia.org/wiki/Strukturhttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://en.wikipedia.org/wiki/en:public_domainhttp://en.wikipedia.org/wiki/en:public_domainhttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://upload.wikimedia.org/wikipedia/commons/5/58/IndonesianPoliticalSystem.pnghttp://en.wikipedia.org/wiki/Struktur


25/53

Top of Form

partner-pub-4617 FORID:10 UTF-8

Search

w w w .worldlingo

Bottom of FormMultilingual Archive

Powered by WorldLingo

Constitution of IndonesiaHome Multilingual Archive Index Constitution of Indonesia

Choose your language:

Franais | Espaol | Italiano | Portugus | Deutsch | Nederlands | Svenska | | | | | |
http://www.worldlingo.com/ma/multilingual_archive.htmlhttp://www.worldlingo.com/ma/index/enwiki/en/http://www.worldlingo.com/ma/index/enwiki/en/http://en.wikipedia.org/wiki/Constitution_of_indonesiahttp://en.wikipedia.org/wiki/Constitution_of_indonesiahttp://www.worldlingo.com/ma/enwiki/fr/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/es/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/it/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/it/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/pt/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/de/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/de/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/nl/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/sv/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/el/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/el/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/ru/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/ko/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/ja/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/zh_cn/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/zh_tw/Constitution_of_Indonesiahttp://www.worldlingo.com/http://www.worldlingo.com/ma/multilingual_archive.htmlhttp://www.worldlingo.com/ma/index/enwiki/en/http://en.wikipedia.org/wiki/Constitution_of_indonesiahttp://www.worldlingo.com/ma/enwiki/fr/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/es/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/it/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/pt/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/de/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/nl/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/sv/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/el/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/ru/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/ko/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/ja/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/zh_cn/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/zh_tw/Constitution_of_Indonesia


26/53

0Share

Constitution of IndonesiaEnglish Wikisource has original text related to this article:

Constitution of Indonesia

Indonesia

This article is part of the series:

Politics and government of

Indonesia

Pancasila

Constitution

President (List )

Susilo Bambang Yudhoyono

Vice-president

Jusuf Kalla

Cabinet

People's Consultative Assembly

Regional Representatives Council

People's Representative Council

Political parties

Elections

Parliament, 2004
http://www.worldlingo.com/ma/enwiki/en/Wikisourcehttp://www.worldlingo.com/ma/enwiki/en/Wikisourcehttp://en.wikisource.org/wiki/en:Constitution_of_the_Republic_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/President_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/President_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/List_of_Presidents_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Susilo_Bambang_Yudhoyonohttp://www.worldlingo.com/ma/enwiki/en/Susilo_Bambang_Yudhoyonohttp://www.worldlingo.com/ma/enwiki/en/List_of_Vice_Presidents_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/List_of_Vice_Presidents_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Jusuf_Kallahttp://www.worldlingo.com/ma/enwiki/en/Jusuf_Kallahttp://www.worldlingo.com/ma/enwiki/en/United_Indonesia_Cabinethttp://www.worldlingo.com/ma/enwiki/en/United_Indonesia_Cabinethttp://www.worldlingo.com/ma/enwiki/en/People's_Consultative_Assemblyhttp://www.worldlingo.com/ma/enwiki/en/People's_Consultative_Assemblyhttp://www.worldlingo.com/ma/enwiki/en/Regional_Representatives_Councilhttp://www.worldlingo.com/ma/enwiki/en/Regional_Representatives_Councilhttp://www.worldlingo.com/ma/enwiki/en/People's_Representative_Councilhttp://www.worldlingo.com/ma/enwiki/en/People's_Representative_Councilhttp://www.worldlingo.com/ma/enwiki/en/List_of_political_parties_in_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/List_of_political_parties_in_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Elections_in_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Elections_in_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesian_legislative_election,_2004http://www.worldlingo.com/ma/enwiki/en/Indonesian_legislative_election,_2004http://www.worldlingo.com/ma/enwiki/en/Wikisourcehttp://en.wikisource.org/wiki/en:Constitution_of_the_Republic_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/President_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/List_of_Presidents_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Susilo_Bambang_Yudhoyonohttp://www.worldlingo.com/ma/enwiki/en/List_of_Vice_Presidents_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Jusuf_Kallahttp://www.worldlingo.com/ma/enwiki/en/United_Indonesia_Cabinethttp://www.worldlingo.com/ma/enwiki/en/People's_Consultative_Assemblyhttp://www.worldlingo.com/ma/enwiki/en/Regional_Representatives_Councilhttp://www.worldlingo.com/ma/enwiki/en/People's_Representative_Councilhttp://www.worldlingo.com/ma/enwiki/en/List_of_political_parties_in_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Elections_in_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesian_legislative_election,_2004


27/53

President, 2004

Provinces

Regional government

Foreign relations

Foreign aid

Other countries Atlas

Politics Portal

view talk edit

The Constitution of Indonesia (Indonesian : Undang-Undang Dasar

Republik Indonesia 1945 , UUD '45 ) 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 nationalistprinciples 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 "semi-presidential" or "presidential with parliamentary

characteristics." Following the Indonesian 1998 Upheaval and the

resignation of President Suharto , several political reforms were set in

motion, which are still continuing.

Contents 1 History of the Constitution

1.1 The Writing of the Constitution

1.2 Other Constitutions

1.3 Constitutional Amendments
http://www.worldlingo.com/ma/enwiki/en/Indonesian_presidential_election,_2004http://www.worldlingo.com/ma/enwiki/en/Indonesian_presidential_election,_2004http://www.worldlingo.com/ma/enwiki/en/Provinces_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Provinces_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Administrative_divisions_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Administrative_divisions_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Foreign_relations_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Foreign_relations_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Foreign_aid_to_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Foreign_aid_to_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Politics_of_present-day_nations_and_stateshttp://www.worldlingo.com/ma/enwiki/en/Politics_of_present-day_nations_and_stateshttp://commons.wikimedia.org/wiki/Atlas_of_Indonesiahttp://commons.wikimedia.org/wiki/Atlas_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Portal:Politicshttp://www.worldlingo.com/ma/enwiki/en/Portal:Politicshttp://www.worldlingo.com/ma/enwiki/en/Portal:Politicshttp://www.worldlingo.com/ma/enwiki/en/Portal:Politicshttp://www.worldlingo.com/ma/enwiki/en/Template:Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Template_talk:Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Template_talk:Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Template_talk:Politics_of_Indonesiahttp://opt/scribd/conversion/tmp/scratch6116/http://en.wikipedia.org../articles/p/o/l/Template~Politics_of_Indonesia_c67e.htmlhttp://www.worldlingo.com/ma/enwiki/en/Indonesian_languagehttp://en.wikipedia.org/wiki/Republik_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Empire_of_Japanhttp://www.worldlingo.com/ma/enwiki/en/Empire_of_Japanhttp://www.worldlingo.com/ma/enwiki/en/World_War_IIhttp://www.worldlingo.com/ma/enwiki/en/World_War_IIhttp://www.worldlingo.com/ma/enwiki/en/Federal_Constitution_of_1949http://www.worldlingo.com/ma/enwiki/en/Federal_Constitution_of_1949http://www.worldlingo.com/ma/enwiki/en/Provisional_Constitution_of_1950http://www.worldlingo.com/ma/enwiki/en/President_Sukarno's_1959_Decreehttp://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/Sukarnohttp://www.worldlingo.com/ma/enwiki/en/Sukarnohttp://www.worldlingo.com/ma/enwiki/en/Fall_of_Suhartohttp://www.worldlingo.com/ma/enwiki/en/Fall_of_Suhartohttp://www.worldlingo.com/ma/enwiki/en/Suhartohttp://www.worldlingo.com/ma/enwiki/en/Suhartohttp://www.worldlingo.com/ma/enwiki/en/Suhartohttp://www.worldlingo.com/ma/enwiki/en/Indonesian_presidential_election,_2004http://www.worldlingo.com/ma/enwiki/en/Provinces_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Administrative_divisions_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Foreign_relations_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Foreign_aid_to_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Politics_of_present-day_nations_and_stateshttp://commons.wikimedia.org/wiki/Atlas_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Portal:Politicshttp://www.worldlingo.com/ma/enwiki/en/Template:Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Template_talk:Politics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesian_languagehttp://en.wikipedia.org/wiki/Republik_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Empire_of_Japanhttp://www.worldlingo.com/ma/enwiki/en/World_War_IIhttp://www.worldlingo.com/ma/enwiki/en/World_War_IIhttp://www.worldlingo.com/ma/enwiki/en/Federal_Constitution_of_1949http://www.worldlingo.com/ma/enwiki/en/Provisional_Constitution_of_1950http://www.worldlingo.com/ma/enwiki/en/President_Sukarno's_1959_Decreehttp://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/Sukarnohttp://www.worldlingo.com/ma/enwiki/en/Fall_of_Suhartohttp://www.worldlingo.com/ma/enwiki/en/Suhartohttp://opt/scribd/conversion/tmp/scratch6116/http://en.wikipedia.org../articles/p/o/l/Template~Politics_of_Indonesia_c67e.html


28/53

2 The Legal Standing of the Constitution

3 Content of the Constitution

3.1 Preamble

3.2 Chapter I: Form of state and sovereignty

3.3 Chapter II: The People's Consultative Assembly

3.4 Chapter III: Executive powers of the state

3.5 Chapter V: Ministers of state

3.6 Chapter VI: Local government

3.7 Chapter VII: The House of Representatives

3.8 Chapter VII-A: The Regional Representatives Council

3.9 Chapter VII-B: General elections

3.10 Chapter VIII: Finance

3.11 Chapter VIII-A: The supreme audit agency

3.12 Chapter IX: Judicial power

3.13 Chapter IX-A: Geographical extent of the nation

3.14 Chapter X: Citizens and residents

3.15 Chapter XI: Religion

3.16 Chapter XII: National defence

3.17 Chapter XIII: Education and culture

3.18 Chapter XIV: The national economy and social

welfare

3.19 Chapter XV: The flag, language, coat of arms, and

the national anthem

3.20 Chapter XVI: Amendment of the constitution

3.21 Transitional provisions

3.22 Additional provisions

4 References

5 Further reading


29/53

History of the ConstitutionThe Writing of the Constitution

The Japanese 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" (Serawak 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 (BPUPK; Indonesian : "Agency for

Investigating Efforts for the Preparation of Independence"), for Java. The

25th Army later established a BPUPK for Sumatra. [1] No such organisation

existed for the remainder of Indonesia.

The BPUPK in Java, when established, consisted of 62 members; 68 in the

second session. BPUPK 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 BPUPK:

Soekarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim , Muzakkir,

Agus Salim and Abikoesno. [1] 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
http://www.worldlingo.com/ma/enwiki/en/Empire_of_Japanhttp://www.worldlingo.com/ma/enwiki/en/Empire_of_Japanhttp://www.worldlingo.com/ma/enwiki/en/Dutch_East_Indieshttp://www.worldlingo.com/ma/enwiki/en/Dutch_East_Indieshttp://www.worldlingo.com/ma/enwiki/en/Dutch_East_Indieshttp://www.worldlingo.com/ma/enwiki/en/Dutch_Empirehttp://www.worldlingo.com/ma/enwiki/en/Dutch_Empirehttp://www.worldlingo.com/ma/enwiki/en/World_War_IIhttp://www.worldlingo.com/ma/enwiki/en/Southern_Expeditionary_Army_Grouphttp://www.worldlingo.com/ma/enwiki/en/Southern_Expeditionary_Army_Grouphttp://www.worldlingo.com/ma/enwiki/en/Southern_Expeditionary_Army_Grouphttp://en.wikipedia.org/wiki/Nanpo_gunhttp://www.worldlingo.com/ma/enwiki/en/Ho_Chi_Minh_Cityhttp://www.worldlingo.com/ma/enwiki/en/Ho_Chi_Minh_Cityhttp://www.worldlingo.com/ma/enwiki/en/Vietnamhttp://www.worldlingo.com/ma/enwiki/en/Military_governmenthttp://www.worldlingo.com/ma/enwiki/en/Military_governmenthttp://www.worldlingo.com/ma/enwiki/en/Imperial_Japanese_Navyhttp://www.worldlingo.com/ma/enwiki/en/Battle_of_Leyte_Gulfhttp://www.worldlingo.com/ma/enwiki/en/Battle_of_Leyte_Gulfhttp://www.worldlingo.com/ma/enwiki/en/Battle_of_Leyte_Gulfhttp://www.worldlingo.com/ma/enwiki/en/1944http://www.worldlingo.com/ma/enwiki/en/1944http://www.worldlingo.com/ma/enwiki/en/1944http://www.worldlingo.com/ma/enwiki/en/Demographics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/April_29http://www.worldlingo.com/ma/enwiki/en/1945http://en.wikipedia.org/wiki/16th_Armyhttp://en.wikipedia.org/wiki/16th_Armyhttp://www.worldlingo.com/ma/enwiki/en/Indonesian_languagehttp://www.worldlingo.com/ma/enwiki/en/Indonesian_languagehttp://www.worldlingo.com/ma/enwiki/en/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Sukarnohttp://www.worldlingo.com/ma/enwiki/en/Mohammad_Hattahttp://www.worldlingo.com/ma/enwiki/en/Jakartahttp://www.worldlingo.com/ma/enwiki/en/May_29http://www.worldlingo.com/ma/enwiki/en/June_1http://www.worldlingo.com/ma/enwiki/en/June_1http://www.worldlingo.com/ma/enwiki/en/July_10http://www.worldlingo.com/ma/enwiki/en/July_10http://www.worldlingo.com/ma/enwiki/en/July_17http://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/Wahid_Hasyimhttp://www.worldlingo.com/ma/enwiki/en/Wahid_Hasyimhttp://www.worldlingo.com/ma/enwiki/en/Wahid_Hasyimhttp://www.worldlingo.com/ma/enwiki/en/Agus_Salimhttp://www.worldlingo.com/ma/enwiki/en/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Islamhttp://www.worldlingo.com/ma/enwiki/en/Shariahttp://www.worldlingo.com/ma/enwiki/en/Empire_of_Japanhttp://www.worldlingo.com/ma/enwiki/en/Dutch_East_Indieshttp://www.worldlingo.com/ma/enwiki/en/Dutch_Empirehttp://www.worldlingo.com/ma/enwiki/en/World_War_IIhttp://www.worldlingo.com/ma/enwiki/en/Southern_Expeditionary_Army_Grouphttp://www.worldlingo.com/ma/enwiki/en/Southern_Expeditionary_Army_Grouphttp://en.wikipedia.org/wiki/Nanpo_gunhttp://www.worldlingo.com/ma/enwiki/en/Ho_Chi_Minh_Cityhttp://www.worldlingo.com/ma/enwiki/en/Vietnamhttp://www.worldlingo.com/ma/enwiki/en/Military_governmenthttp://www.worldlingo.com/ma/enwiki/en/Imperial_Japanese_Navyhttp://www.worldlingo.com/ma/enwiki/en/Battle_of_Leyte_Gulfhttp://www.worldlingo.com/ma/enwiki/en/1944http://www.worldlingo.com/ma/enwiki/en/Demographics_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/April_29http://www.worldlingo.com/ma/enwiki/en/1945http://en.wikipedia.org/wiki/16th_Armyhttp://www.worldlingo.com/ma/enwiki/en/Indonesian_languagehttp://www.worldlingo.com/ma/enwiki/en/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Sukarnohttp://www.worldlingo.com/ma/enwiki/en/Mohammad_Hattahttp://www.worldlingo.com/ma/enwiki/en/Jakartahttp://www.worldlingo.com/ma/enwiki/en/May_29http://www.worldlingo.com/ma/enwiki/en/June_1http://www.worldlingo.com/ma/enwiki/en/June_1http://www.worldlingo.com/ma/enwiki/en/July_10http://www.worldlingo.com/ma/enwiki/en/July_17http://www.worldlingo.com/ma/enwiki/en/Pancasila_(politics)http://www.worldlingo.com/ma/enwiki/en/Wahid_Hasyimhttp://www.worldlingo.com/ma/enwiki/en/Agus_Salimhttp://www.worldlingo.com/ma/enwiki/en/Constitution_of_Indonesiahttp://www.worldlingo.com/ma/enwiki/en/Islamhttp://www.worldlingo.com/ma/enwiki/en/Sharia


30/53

2 additional provision. The nation would be a unitary state and a republic .

On 26 July 1945,

Documents

Asian Human Rights Commission