Isabella Carter
The Constitution of Indonesia, also known as the 1945 State Constitution of the Republic of Indonesia, is the supreme law that forms the basis of the country's government. It was drafted in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II and has since undergone revisions and amendments. The constitution sets forth the Pancasila, or five nationalist principles, and outlines the rights and status of citizens and residents. It establishes Indonesia as a unitary state with a limited separation of executive, legislative, and judicial powers. While the exact number of sections is unclear, the constitution includes various articles, provisions, and chapters covering topics such as national defence, education, culture, and religion.
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What You'll Learn
- The 1945 Constitution: This is the supreme law of Indonesia, setting out the five nationalist principles of Pancasila
- Amendments: Amendments require a nationwide referendum and a two-thirds majority vote
- Democracy: The constitution outlines a democratic state, with a unitary government and a bicameral legislative branch
- Religion: The document emphasises the belief in one God and promotes just and civilised humanity
- Citizens' Rights: Articles outline the rights of citizens and residents, guaranteeing equality before the law
The 1945 Constitution: This is the supreme law of Indonesia, setting out the five nationalist principles of Pancasila
The 1945 Constitution of the Republic of Indonesia is the supreme law and basis for all laws of the country. It was written in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. The constitution was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but it was later restored by President Sukarno's 1959 Decree.
The 1945 Constitution sets out the Pancasila, the five nationalist principles that form the philosophical basis of an independent Indonesia. The name "Pancasila" combines the Sanskrit words "pañca" ("five") and "śīla" ("principles"). These five principles are:
- Indonesian nationalism
- Internationalism or humanism
- Consent or democracy
- Social prosperity
- Belief in one God
The five principles were first articulated by Sukarno, the Indonesian nationalist leader, in a speech delivered on June 1, 1945, to the preparatory committee for Indonesia's independence. Sukarno's original order of principles was changed, with the fifth principle of theism and freedom of religion becoming the first, and the original first principle being re-numbered as the third.
The 1945 Constitution reflects the dynamic and flexible spirit of the Indonesian authorities and government leaders. It establishes Indonesia as a unitary state, with the state standing above all groups of the population and individual convictions. The constitution provides for a limited separation of executive, legislative, and judicial powers, with a governmental system described as "presidential with parliamentary characteristics."
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Amendments: Amendments require a nationwide referendum and a two-thirds majority vote
The Indonesian Constitution, also known as the 1945 State Constitution of the Republic of Indonesia, was written in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950 but was reinstated by President Sukarno's decree in 1959.
The 1945 Constitution has been amended several times, and amendments require a stringent process. Any proposal to amend the Constitution must be introduced in writing and must clearly state the articles to be amended and the reasons for the amendment. A proposal to amend the Constitution may be included in the agenda of an MPR session if submitted by at least one-third of the total MPR membership. The MPR constitutes the legislative branch of Indonesia's government and is responsible for interpreting the Constitution.
To amend the Constitution, the session of the MPR requires at least two-thirds of the total membership to be present. Any decision to amend the Constitution must be made with the agreement of at least half of the total membership, plus one member. Additionally, a nationwide referendum is required before any amendments can be made to the Constitution, as stipulated by the People's Consultative Assembly (MPR) in 1983.
The process of amending the Indonesian Constitution is deliberately rigorous and requires a high level of consensus among the MPR members and the general population, as expressed through the nationwide referendum. This ensures that any changes to the nation's fundamental laws are carefully considered and broadly supported.
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Democracy: The constitution outlines a democratic state, with a unitary government and a bicameral legislative branch
The Indonesian Constitution outlines a democratic state with a unitary government and a bicameral legislative branch. The constitution, drafted in 1945, was reinstated in 1959 and revised in 2002. It is the supreme law and the basis for all laws in Indonesia.
The constitution provides for a limited separation of powers between the executive, legislative, and judicial branches. The governmental system has been described as "presidential with parliamentary characteristics." The 1945 Constitution sets forth the Pancasila, or five nationalist principles, as the embodiment of the basic principles of an independent Indonesian state.
The Indonesian state is a unitary republic, with sovereignty residing in the people. The preamble to the constitution emphasizes the unity of the Indonesian people and the role of the state in protecting and accommodating all its citizens without exception. It also establishes the principle of social justice for all.
The political system outlined in the constitution is based on democracy and the deliberations of representatives. The legislative branch, known as the MPR, is bicameral, consisting of the Council of the People's Representatives (DPR) as the lower house and the Council of Regional Representatives (DPD) as the upper house. The MPR is responsible for interpreting the constitution and setting the broad lines of state policy.
The constitution also outlines the role of the executive branch, with most power invested in the president, who is assisted by a vice president and a cabinet. It provides for a body of presidential advisers, known as the Supreme Advisory Council, whose advice is not legally binding.
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Religion: The document emphasises the belief in one God and promotes just and civilised humanity
The 1945 Constitution of the Republic of Indonesia is the supreme law and basis for all laws of the country. The constitution was drafted in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950 but was reinstated by President Sukarno's 1959 decree. The 1945 Constitution sets forth the Pancasila, the five nationalist principles, as the embodiment of the basic principles of an independent Indonesian state.
The document emphasises the belief in one God and promotes just and civilised humanity. The preamble to the constitution incorporates the idea of a unitary state that protects and accommodates all people without exception. It calls for the unity of all Indonesian people and asserts that the state shall strive for social justice for all. The fourth basic idea in the preamble is that the state shall be based on the belief in the One and Only God and on just and civilised humanity. This means that the constitution makes it the duty of the state and its institutions to foster high human ethical norms and to live up to the noble moral aspirations of the people.
The original draft of the constitution included an obligation for Muslims to follow Sharia and a clause stating that the president must be a Muslim. However, these were removed, and the constitution now reflects a more secular outlook. The preamble to the constitution also reflects the spiritual atmosphere in which it was drafted, with references to God and the desire to live a free national life.
The 1945 Constitution has been amended several times, and there have been significant changes during a period of reformasi (reformation) around the turn of the 21st century. However, the constitution remains the basis of Indonesia's government, with most power invested in the executive branch, particularly the president, who is assisted by a vice president and a cabinet. The constitution also provides for a Supreme Advisory Council, whose advice is not legally binding.
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Citizens' Rights: Articles outline the rights of citizens and residents, guaranteeing equality before the law
The 1945 Constitution of the Republic of Indonesia is the supreme law and basis for all laws of the country. It comprises 37 articles, 4 transitory provisions, and 2 additional provisions.
The Indonesian Constitution guarantees the rights of citizens and residents, ensuring equality before the law. According to Article 27 of the 1945 Constitution, all citizens, without exception, are guaranteed equal status before the law and the government and are obliged to respect and uphold the law and government. This article also affirms the right of every citizen to work and have a reasonable standard of living.
The Constitution outlines the conditions for acquiring citizenship. Citizens of Indonesia are defined as those who are native-born Indonesians, as well as persons of other nationalities who are legalized by statute as citizens. It also provides a pathway to citizenship for people of other nations, such as those of Dutch, Chinese, and Arabic descent, who consider Indonesia as their home country and are loyal to the Republic of Indonesia.
The Constitution emphasizes the freedom of religion for all residents. Article 28I of the Constitution, adopted in 1945 and amended in 2002, guarantees fundamental human rights, including the right to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and protection from retrospective laws. Additionally, the state guarantees the freedom for every resident to adhere to their respective religion and perform their religious duties without interference.
The Indonesian Constitution reflects the aspirations of the Indonesian people to build a democratic state that promotes social justice and humanity. It establishes the independence of the judiciary, ensuring that judges are free from government interference and their status is protected by law. The Constitution also outlines the government's responsibility to establish and conduct a national educational system regulated by statute.
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Frequently asked questions
The Indonesian Constitution of 1945 (reinstated in 1959 and revised in 2002) is divided into 37 articles, 4 transitory provisions, and 2 additional provisions.
The Indonesian Constitution is the supreme law and basis for all laws of Indonesia. It sets forth the Pancasila, or five nationalist principles, which embody the basic principles of an independent Indonesian state. These principles include the belief in the "One and Only God" and just and civilized humanity. The Constitution also provides for a limited separation of executive, legislative, and judicial powers, with a "presidential with parliamentary characteristics" form of government.
The Indonesian Constitution of 1945 has been amended several times. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950 but was later restored by President Sukarno's decree in 1959. Significant amendments were also made during a period of reformasi (reformation) around the turn of the 21st century.
A proposal to amend the Articles of the Indonesian Constitution must be included in the agenda of an MPR session if submitted by at least one-third of the total MPR membership. Any proposal must be introduced in writing and must clearly state the articles to be amended and the reasons for the amendment. To amend the Articles, the session of the MPR requires at least two-thirds of the total membership to be present, and any decision must be agreed upon by at least half of the members present.
