Constitution of Indonesia
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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 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 July 5, 1959.
The 1945 Constitution then set forth the Pancasila, the five nationalist principles devised by Sukarno, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive,legislative, and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics." Following the Indonesian 1998 Upheaval and the resignation of President Suharto, several political reforms were set in motion, which are still continuing.
[edit] History of the Constitution
[edit] The Writing of the Constitution
The Japanese landed in Indonesia in 1942 and occupied it for the duration of the Second World War. As it became clearer to the Japanese that their military position was increasingly untenable, especially after their defeat at the Battle of Leyte Gulf in October 1944, more and more Indonesians were appointed to official positions. The Japanese Military Government divided Indonesian territory into 3 regions. Sumatra under 25th Army (Rikugun), Java under 16th Army (Rikugun) and Borneo & East Indonesia under the Navy (Kaigun). Then, in 29th of April 1945, the Japanese established the Agency for Investigating Efforts for the Preparation of Independence (BPUPK). The name of the agency without the word Indonesia because it is intended only for Java. The Japanese establish another BPUPK for Sumatra and in East Indonesia the Japanese Occupation Force did not establish BPUPK (Kusuma, 2004:1)
The BPUPK in Java,when establish, consist of 62 members, then in the second session become 68. BPUPK was chaired by Dr Radjiman Wediodiningrat (1879-1951). The future president Sukarno and vice-president Mohammad Hatta was among its members, met in the building that had been used by the Volksraad(People's Council)in central Jakarta. It held two sessions, from 29 May-1 June and from 10-17 July 1945. The first session discussed general matters, including the philosophy of the state for future independent Indonesia, Pancasila. The wording of Pancasila was formulated by 9 members of BPUPK, Soekarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim, Muzakkir, Agus Salim and Abikoesno (Kusuma, 2004:21). The outcome was something of a compromise, and included the obligation for Muslims to carry out Islamic law, the so-called Jakarta Charter. The second session produced a provisional constitution made up of 42 articles as well as determining that the nation would be a unitary republic, not a monarchy.
On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration. Japan, realizing it could not win the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else. On 6 August, the atomic bomb was dropped on Hiroshima. On 7 August, the Head Quarter of Japanese Army in the South (Nanpo Gun) announced that the Indonesian Leader can enact a body called the Preparatory Committee for Indonesian Independence (PPKI). The dropping of the second atomic bomb on Nagasaki on 9 August prompted the Japanese to surrender unconditionally on 15 August 1945. Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day (Ricklef 1981; Kusuma,2004:468).
In the meeting chaired by Sukarno, the 27 members which consist of Sukarno, Hatta, Supomo, Radjiman, Suroso, Sutardjo, Wachid Hasjim, Hadikusumo, Oto Iskandardinata, Abdul Kadir, Suryohamidjoyo, Puruboyo, Yap Tjwan Bing, Latuharhary, Amir, Abdul Abas,Teuku Hasan, Hamidhan, Ratulangi, Andi Pangeran, Ktut Pudja, Wiranatakusuma, Dewantara, Kasman, Sayuti, Kusumasumantri and Subardjo (Kusuma,2004:468). The Committee began to discuss the proposed constitution article by article. The Committee made some fundamental changes, such as the removal of the controversial seven words: '...dengan kewajiban menjalankan syariah Islam bagi pemeluk-pemeluknya (...with the obligation for its muslim citizens to carry out the Islamic law/Sharia)' and the removal of the clause sanctioning that the president must be a muslim. The historical compromise, made possible in part by notable influence of Teuku Moh. Hasan, Representative of Acheh. The Committee then officially adopted the Constitution which consist of 37 articles, 4 Transitional Provisions and 2 addititional provisions (R.M.A.B.Kusuma, 2004; Saafroedin, Ananda B.Kusuma, Nanie Hudawati, 1995).
[edit] Other Constitutions
The 1945 Constitution (usually referred to by the Indonesian acronym UUD'45) remained in force until it was replaced by the Federal Constitution on December 27, 1949. This was in turn replaced by the Provisional Constitution on 17 August of that year. In 1955 elections were held for the House of Representatives as well as for a Constitutional Assembly (Indonesia Konstituante) to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the role of Islam in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the military, who saw a much greater constitutional role for themselves, began to push for a return to the 1945 Constitution. This was put to the vote on 30 May, 1 June and 2 June 1959, but the motion failed to gain the required two-thirds majority. Finally, on 5 July 1959 President Sukarno issued a decree dissolving the assembly and returning to the 1945 Constitution (Ricklef 1981).
[edit] Constitutional Amendments
Suharto, who officially became president in 1968, refused to countenance any changes to the Constitution despite the fact that even Sukarno had viewed it as a provisional document (Nasution 2001). In 1983, the People's Consultative Assembly passed a decree stipulating the need for a nationwide referendum to be held before any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a 90% turnout and for any changes to be approved by a 90% vote. Then in 1997, the dissident Sri-Bintang Pamungkas and two colleagues were arrested and jailed for publishing a proposed modified version of the 1945 Constitution (Sri-Bintang Pamungkas 1999).
With the fall of Suharto and the New Order regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the People's Consultative Assembly in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 70.
The most important of the changes were
- Limiting presidents to two terms of office
- Establishing a Regional Representatives Council (DPD), which together with the Council of People's Representatives (DPR) makes up an entirely elected People's Consultative Assembly.
- Stipulating democratic, direct elections for the president, instead of the president being elected by the People's Consultative Assembly
- Abolishing the Supreme Advisory Council
- Mandating direct, free and secret elections for the House of Representatives and regional legislatures
- Establishing a Constitutional Court and a Judicial Commission
- The addition of ten entirely new articles concerning human rights
[edit] The Legal Standing of the Constitution
The 1945 Constitution has the highest legal authority in the nation's system of government. The executive, legislative and judicial branches of government must defer to it. The Constitution was originally officially enacted on 18 August 1945. The attached Elucidation, drawn up by Prof. Raden Soepomo (1903-1958), Indonesia's first justice minister, was officially declared to be a part of the Constitution on 5th JulY 1959. The Preamble, the body of the Constitution and the Elucidation were all reaffirmed as inseparable parts of the Constitution in 1959, and then again in Provisional MPR Decree No. XX/MPRS/1966 (Dahlan Thaib et al 1999). However, since the amendments, the Explanation has not been updated, and still refers to the original document, including parts that have been removed, such as Chapter IV. However, the final article of the amended Constitution states that the Constitution consists of the Preamble and the articles.
[edit] Content of the Constitution
[edit] PREAMBLE
Contains the Pancasila state philosophy
[edit] CHAPTER I: FORM OF STATE AND SOVEREIGNTY
States that Indonesia is a unitary republic based on law with sovereignty in the hands of the people and exercised through laws.
[edit] CHAPTER II: THE PEOPLE'S CONSULTATIVE ASSEMBLY
States that the People's Consultative Assembly is made up of the members of the House of Representatives and the Regional Representatives Council, all of who are elected via a general election. The People's Consultative Assembly changes and passes laws, appoints the president, and can only dismiss the president or vice-president during their terms of office according to law.
[edit] CHAPTER III: EXECUTIVE POWERS OF THE STATE
Outlines the powers of the president. States the requirements for the president and vice-president. Limits the president and vice-president to two terms of office and states that they be elected in a general election. Specifies the impeachment procedure. Includes the wording of the presidential and vice-presidential oath and promise of office.
[edit] CHAPTER V: MINISTERS OF STATE
Four short articles giving the cabinet a constitutional basis. The president appoints ministers.
[edit] CHAPTER VI: LOCAL GOVERNMENT
Explains how Indonesia is divided into provinces, regencies and cities, each with its own administration chosen by general election. The leaders of these administrations are "chosen democratically". Autonomy is applied as widely as possible. The state recognizes the special nature of certain regions.
[edit] CHAPTER VII: THE HOUSE OF REPRESENTATIVES
The members of the House are elected by general election. The House has the right to pass laws, and has legislative, budgeting and oversight functions. It has the right to request government statements and to put forward opinions.
[edit] CHAPTER VII-A: THE REGIONAL REPRESENTATIVES COUNCIL
An equal number of members is chosen from each province via a general election. The Council can put forward to the House of Representatives bills related to regional issues. It also advises the House on matters concerning taxes, education and religion.
[edit] CHAPTER VII-B: GENERAL ELECTIONS
General elections to elect the members of the House of Representatives, the Regional Representatives Council , the president and vice-president as well as the regional legislatures are free, secret, honest and fair and are held every five years. Candidates for the House of Representatives and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.
[edit] CHAPTER VIII: FINANCE
States that the president puts forward the annual state budget for consideration by the House of Representatives.
[edit] CHAPTER VIII-A: THE SUPREME AUDIT AGENCY
Explains that this exists to oversee the management of state funds
[edit] CHAPTER IX: JUDICIAL POWER
Affirms the independence of the judiciary. Explains the role and position of the Supreme Court as well as the role of the judicial commission. Also states the role of the Constitutional Court.Court
[edit] CHAPTER IX-A: GEOGRAPHICAL EXTENT OF THE NATION
States that the nation is an archipelago whose borders and rights are laid down by law.
[edit] CHAPTER X: CITIZENS AND RESIDENTS
Defines citizens and residents and states that all citizens are equal before the law. Details the human rights guaranteed to all, including:
- the right of children to grow up free of violence and discrimination
- the right of all to legal certainty
- the right to religious freedom
- the right to choose education, work and citizenship as well as the right to choose where to live
- the right of assembly, association and expression of opinion
- the right to be free from torture
It also states that the rights not to be tortured, to have freedom of thought and conscience, of religion, to not be enslaved, to be recognized as an individual before the law and to not be charged under retroactive legislation cannot be revoked under any circumstances. Furthermore, every person has the right to freedom from discrimination on any grounds whatsoever.
Finally, every person is obliged to respect the rights of others.
[edit] CHAPTER XI: RELIGION
The nation is based on belief in God, but the state guarantees religious freedom for all.
[edit] CHAPTER XII: NATIONAL DEFENCE
States that all citizens have an obligation and right to participate in the defence of the nation. Outlines the structure and roles of the armed forces and the police.
[edit] CHAPTER XIII: EDUCATION AND CULTURE
States that every citizen has the right to an education. Also obliges the government to allocate 20 percent of the state budget to education.
[edit] CHAPTER XIV: THE NATIONAL ECONOMY AND SOCIAL WELFARE
States that major means of production are to be controlled by the state. Also states that the state takes care of the poor.
[edit] CHAPTER XV: THE FLAG, LANGUAGE, COAT OF ARMS AND THE NATIONAL ANTHEM
Specifies the above.
[edit] CHAPTER XVI: AMENDMENT OF THE CONSTITUTION
Lays down the procedures for proposing changes and amending the Constitution. Two thirds of the members of the People's Consultative Assembly must be present: any proposed amendment requires a simple majority. The form of the unitary state cannot be changed
[edit] TRANSITIONAL PROVISIONS
Sates that laws and bodies continue to exist until new ones are specified in this constitution. Calls for the establishment of a Constitutional court before 17 August 2003
[edit] ADDITIONAL PROVISIONS
Tasks the People's Consultative Assembly with re-examining decrees passed by it and its predecessors for their validity to be determined in the 2003 general session.
[edit] References
- Dahlan Thaib, Dr. H et al (1999), Teori Hukum dan Konstitusi, Edisi Revisi (Constitutional Theory and Law, Revised ed.), Rajawali press, Jakarta
- Nasution, Adnan Buyung (2001), The Transition to Democracy: Lessons from the Tragedy of Konstituante in Crafting Indonesian Democracy Ed. R. William Liddle, Mizan Media Utama, Jakarta ISBN 979-433-287-9
- Ricklef (1982), A History of Modern Indonesia, Macmillan Southeast Asian reprint, ISBN 0-333-24380-3
- Saafroedin Bahar,Ananda B.Kusuma,Nannie Hudawati, eds, (1995) Risalah Sidang Badan Penyelidik Usahah Persiapan Kemerdekaan Indonesian (BPUPKI) Panitia Persiapan Kemerdekaan Indonesia (PPKI) (Minutes of the Meetings of the Agency for Investigating Efforts for the Preparation of Indonesian Independence and the Preparatory Committee for Indonesian Independence), Sekretariat Negara Republik Indonesia, Jakarta
- Sri-Bintang Pamungkas, (1999). Konstitusi Kita dan Rancangan UUD-1945 Yang Disempurnakan (Our Constitution and a Proposal for an Improved Version of the 1945 Constitution), Partai Uni Demokrasi, Jakarta
- R.M.A.B.Kusuma,"Lahirnya UUD 1945",Badan Penerbit Fakultas Hukum Universitas Indonesia, Jakarta, 2004,ISBN 979-8972-28-7
