Constitution of Indonesia
The constitution was written in June, July and August 1945, when Indonesia was emerging from Japanese control at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored on 5 July 1959.
The 1945 Constitution then set forth the Pancasila, the five nationalist principles devised by Sukarno, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics." Following the Indonesian 1998 Upheaval and the resignation of President Suharto, several political reforms were set in motion, via amendments to the Constitution of Indonesia, which resulted in changes to all branches of government as well as additional human rights provisions.The Japanese invaded the Netherlands East Indies 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, based in Saigon, Vietnam. The Japanese divided Indonesian territory into three military government regions, based on the largest islands: "Sumatra" was under the Japanese 25th Army, "Java" under the Japanese 16th Army and "East Indonesia" (the eastern island), including part of "Borneo" (Sarawak and Sabah under Japanese 38th Army)was under the Imperial Japanese Navy. As the Japanese military position became increasingly untenable, especially after their defeat at the Battle of Leyte Gulf in October 1944, more and more Indonesians were appointed to official positions in the occupation.
On 29 April 1945, the 16th Army established Badan Penyelidik Usaha-usaha Persiapan Kemerdekaan Indonesia, for Java. The 25th Army later established a BPUPKI for Sumatra. No such organisation existed for the remainder of Indonesia.
The BPUPKI in Java, when established, consisted of 62 members, but there were 68 in the 2nd session. It was chaired by Dr Radjiman Wedyodiningrat. 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 10รข€"17 July 1945. The 1st session discussed general matters, including the philosophy of the state for future independent Indonesia, Pancasila. the philosophy was formulated by nine members of BPUPKI: Soekarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim, Muzakkir, Agus Salim and Abikoesno. The outcome was something of a compromise, and included an obligation for Muslims to follow syari'ah Islamic law, the so-called Jakarta Charter. The 2nd session produced a provisional constitution composed of 37 articles, 4 transitory provision and 2 additional provision. The nation would be a unitary state and a republic.
On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration. The Japanese authorities, realizing they would probably lose the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else. On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the Nanpo Gun headquarters announced that an Indonesian leader could enact a body called the Panitia Persiapan Kemerdekaan Indonesia. The dropping of a 2nd atomic bomb, on Nagasaki, on 9 August prompted the Japanese to surrender unconditionally on 15 August 1945. Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day.
In the meeting chaired by Sukarno, the 27 members, including Hatta, Supomo, Wachid Hasjim, Sam Ratulangi and Subardjo, began to discuss the proposed constitution article by article. The Committee made some fundamental changes, including the removal 7 words from the text of Jakarta Charter which became the preambule of the constitution, and the clause stating that the president must be a Muslim. The historical compromise was made possible in part by the influence of Mohamad Hatta and Tengku Mohamad Hasan. The Committee then officially adopted the Constitution.
The 1945 Constitution 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 1950. In 1955 elections were held for the House of Representatives as well as for a Constitutional Assembly (Indonesia Konstituante) to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the role of Islam in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the military, who saw a much greater constitutional role for themselves, began to push for a return to the 1945 Constitution. This was put to the vote on 30 May 1 June and 2 June 1959, but the motion failed to gain the required two-thirds majority. Finally, on 5 July 1959 President Sukarno issued a decree dissolving the assembly and returning to the 1945 Constitution.
With the fall of Suharto and the New Order regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the People's Consultative Assembly in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 73, of which only 11% remain unchanged from the original constitution.
Among the above changes, the establishment of Constitutional Court is regarded as a successful innovation in Indonesia constitutional system. The court was established in 2003 by 9 justices head by Professor Jimly Asshiddiqie,a prominent scholar from the University of Indonesia. There are five jurisdictions of the court, i.e. (i) constitutional review of law, (ii) disputes of constitutional jurisdiction between state institutions, (iii) disputes on electoral results, (iv) dissolution of political parties,and (v) impeachment of the president/vice president. The other icon of success in Indonesian reform is the establishment of the Corruption Eradication Commission which independently fights against corruption and grafts. Corruption in Indonesia is regarded an extraordinary crime.
The 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, Indonesia's 1st justice minister, was officially declared to be a part of the Constitution on 5 July 1959. The Preamble, the body of the Constitution and the Elucidation were all reaffirmed as inseparable parts of the Constitution in 1959, and then again in Provisional MPR Decree No. XX/MPRS/1966. However, since the amendments, the Elucidation has not been updated, and still refers to the original document, including parts that have been removed, such as Chapter IV. During the sessions in the People's Assembly, all the ideas setforth in the Elucidation was transformed become articles in the new amendments. Then, final article of the amended Constitution states that the Constitution consists of the Preamble and the articles.
| The preamble to the 1945 the Pancasila state | Constitution of Indonesia contains philosophy. |
States that the People's Consultative Assembly is composed of the members of the People's Representative Council and the Regional Representatives Council, all of the members of both bodies being directly elected. 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.
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.
| Four short articles constitutional basis. The president | giving the cabinet a appoints ministers. |
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.
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.
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.
States that the president puts forward the annual state budget for consideration by the House of Representatives.
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.
Related Sites for Constitution of Indonesia
- The 1945 Constitution of the Republic of Indonesia read Constitution of Indonesia
- The Constitution of Indonesia: A Contextual Analysis ... read Constitution of Indonesia
- Constitution of Indonesia - ConstitutionNet read Constitution of Indonesia
- Indonesia - THE CONSTITUTION - Country Studies read Constitution of Indonesia
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