Constitution of Indonesia Totally Explained

Everything about The Constitution Of Indonesia totally explained

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 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 "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.

History of the Constitution

The 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. 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. The outcome was something of a compromise, and included an obligation for muslims to follow syari'ah Islamic law, the so-called Jakarta Charter. The second session produced a provisional constitution made up of 37 articles, 4 transitory provision and 2 additional provision. The nation would be a unitary state and a republic.
   On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration. The Japanese authorities, realizing they'd probably lose the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else. On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the Nanpo Gun headquarters announced that an Indonesian leader could enact a body called the Panitia Persiapan Kemerdekaan Indonesia (PPKI; "Preparatory Committee for Indonesian Independence"). The dropping of a second atomic bomb, on Nagasaki, on 9 August prompted the Japanese to surrender unconditionally on 15 August 1945. Sukarno and Hatta declared independence on 17 August, 1945, and the PPKI met the following day.
   In the meeting chaired by Sukarno, the 27 members 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, 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 Mohamad Hatta and Tengku Mohamad Hasan put a stake in the ground for a modern democratic nation. The Committee then officially adopted the Constitution which consist of a preamble, 37 articles, 4 Transitional Provisions and 2 addititional provisions.

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 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 (Ricklef 1981).

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 . In 1983, the People's Consultative Assembly passed a decree stipulating the need for a nationwide referendum to be held before any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a 90% turnout and for any changes to be approved by a 90% vote. Then in 1997, the dissident Sri-Bintang Pamungkas and two colleagues were arrested and jailed for publishing a proposed modified version of the 1945 Constitution .
With the fall of Suharto and the New Order regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the People's Consultative Assembly in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 73.
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

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 . However, since the amendments, the Elucidation hasn't 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.

Content of the Constitution

Preamble

The preamble to the 1945 Constitution of Indonesia contains the Pancasila state philosophy.

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.

Chapter II: The People's Consultative Assembly

States that the People's Consultative Assembly is made up of the members of the People's Representative Council and the Regional Representatives Council, all of who are elected via general election. The People's Consultative Assembly changes and passes laws, appoints the president, and can only dismiss the president or vice-president during their terms of office according to law.

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.

Chapter V: Ministers of state

Four short articles giving the cabinet a constitutional basis. The president appoints ministers.

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.

Chapter VII: The House of Representatives

The members of the House are elected by general election. The House has the right to pass laws, and has legislative, budgeting and oversight functions. It has the right to request government statements and to put forward opinions.

Chapter VII-A: The Regional Representatives Council

An equal number of members is chosen from each province via a general election. The Council can put forward to the House of Representatives bills related to regional issues. It also advises the House on matters concerning taxes, education and religion.

Chapter VII-B: General elections

General elections to elect the members of the House of Representatives, the Regional Representatives Council, the president and vice-president as well as the regional legislatures are free, secret, honest and fair and are held every five years. Candidates for the House of Representatives and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.

Chapter VIII: Finance

States that the president puts forward the annual state budget for consideration by the House of Representatives.

Chapter VIII-A: The supreme audit agency

Explains that this exists to oversee the management of state funds.

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.

Chapter IX-A: Geographical extent of the nation

States that the nation is an archipelago whose borders and rights are laid down by law.

Chapter X: Citizens and residents

Defines 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 can't be revoked under any circumstances. Furthermore, every person has the right to freedom from discrimination on any grounds whatsoever.
Finally, every person is obliged to respect the rights of others.

Chapter XI: Religion

The nation is based on belief in God, but the state guarantees religious freedom for all.

Chapter XII: National defence

States that all citizens have an obligation and right to participate in the defence of the nation. Outlines the structure and roles of the armed forces and the police.

Chapter XIII: Education and culture

States that every citizen has the right to an education. Also obliges the government to allocate 20 percent of the state budget to education.

Chapter XIV: The national economy and social welfare

States that major means of production are to be controlled by the state. Also states that the state takes care of the poor.

Chapter XV: The flag, language, coat of arms, and the national anthem

Specifies the flag, official language, coat of arms, and national anthem of Indonesia.

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 can't be changed

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

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.

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