The Indonesian Constitution: Historical Origins And Influences

The Indonesian Constitution was first written in 1945, in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. The Japanese had begun to make plans for Indonesian independence, and on 17 August 1945, Sukarno and Hatta declared independence. The Preparatory Committee for Indonesian Independence (PPKI) met the following day, and the constitution was adopted on 18 August 1945. The Indonesian Constitution has since been amended several times, with the latest revision taking place in 2002.

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The influence of the military

The Indonesian Constitution was written in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. The Japanese had defeated the Dutch colonial regime and occupied the territory until their surrender following the atomic bombings of Hiroshima and Nagasaki in 1945.

The Indonesian military, known as the Indonesian National Military (TNI), has played a significant role in the country's political system and constitutional development. The TNI, consisting of the Army, Navy, and Air Force, is tasked with defending, protecting, and maintaining the integrity and sovereignty of the Indonesian state.

The military's influence was evident during the period of constitutional stagnation in the 1950s. Sukarno, who was the president at the time, became disillusioned with the lack of progress and, with the support of the military, began to advocate for a return to the 1945 Constitution. The military sought a greater constitutional role for themselves, and their backing was instrumental in Sukarno's push to reinstate the 1945 Constitution. On 5 July 1959, Sukarno issued a decree dissolving the assembly and restoring the 1945 Constitution.

The TNI's role in the political system was further solidified when Suharto became president in 1968. Suharto refused to consider any changes to the Constitution, even though Sukarno had viewed it as a provisional document. The military's influence under Suharto's regime contributed to the stability of the 1945 Constitution, which remained in place without any amendments during his presidency.

The Constitution of Indonesia has been amended four times since its creation, all of which were approved by the People's Consultative Assembly (MPR) between 1999 and 2002. These amendments were made possible due to political reforms set in motion after major upheavals in 1998 and the resignation of President Suharto, which resulted in changes across all branches of government.

The Japanese surrender and Indonesian independence

In the final months of the occupation, the Japanese took steps to prepare for Indonesian independence. In March 1945, they announced the formation of the Investigating Committee for Preparatory Work for Independence (BPUPK), which included Sukarno and Hatta. This committee drafted a constitution for an independent Indonesia, compromising 37 articles, 4 transitory provisions, and 2 additional provisions. The nation would be a unitary state and a republic.

Following the call for Japan's surrender by the Allies in the Potsdam Declaration on 26 July 1945, the Japanese decided to expedite Indonesian independence to create problems for the Dutch when they reoccupied the territory. On 15 August 1945, Japan surrendered unconditionally, and two days later, Sukarno and Hatta declared independence. The Preparatory Committee for Indonesian Independence (PPKI) met on 18 August, with Sukarno as chairman and Hatta as vice-chairman.

However, the Indonesian independence movement initially lacked international recognition, and the Netherlands sought to regain control of the Indies. This led to a five-year diplomatic, military, and social struggle, resulting in the Netherlands recognising Indonesian sovereignty in December 1949. The Indonesian Constitution of 1945, which embodied the five nationalist principles known as the Pancasila, was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950. However, it was later restored by President Sukarno's decree in 1959.

The role of President Sukarno

Sukarno was the leader of the Indonesian independence movement and Indonesia’s first president from 1949 to 1966. Sukarno played a crucial role in the writing of the Indonesian Constitution, which was drafted in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II.

On 17 August 1945, Sukarno and Hatta declared Indonesian independence. The Preparatory Committee for Indonesian Independence (PPKI) met the following day, chaired by Sukarno, to discuss the proposed constitution. Sukarno's vision for the 1945 Indonesian Constitution comprised the Pancasila, or five nationalist principles, as the embodiment of the basic principles of an independent Indonesian state. These principles included a limited separation of executive, legislative, and judicial powers.

The committee made several fundamental changes to the draft constitution, including the removal of the clause stating that the president must be a Muslim. This change was influenced by Sukarno and Hatta, who appointed 135 members to the newly established Central Indonesian National Committee (KNIP). The KNIP was created to assist the president before the election of a parliament.

Sukarno became increasingly disillusioned with the political instability in Indonesia and, with the support of the military, pushed for a return to the 1945 Constitution. On 5 July 1959, Sukarno issued a decree dissolving the assembly and reinstating the 1945 Constitution, establishing a presidential system. Sukarno envisioned an Indonesian-style socialist society and implemented a system of \"guided democracy," which he claimed was based on indigenous principles of governance.

Sukarno's political philosophy was a fusion of Marxism, nationalism, and Islam, which influenced his interpretation of the Indonesian Constitution. He suppressed the country's original parliamentary system and implemented an authoritarian style of governance, attempting to balance the Communists against the army leaders. Sukarno's excesses, both personal and political, eventually led to his deposition by the army under Suharto in 1966.

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The country's spiritual revolution

The Indonesian Constitution was written in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. The Japanese had begun to make plans for Indonesian independence, more to spite the Dutch than anything else, and on 7 August 1945, the Southern Expeditionary Army Group announced that an Indonesian leader could establish a Preparatory Committee for Indonesian Independence (PPKI).

On 17 August 1945, Sukarno and Hatta declared independence, and the PPKI met the following day. The 27 members of the committee, chaired by Sukarno, began to discuss the proposed constitution article by article. The new charter then became the preamble of the constitution, and the clause stating that the president must be a Muslim was removed.

The Indonesian Constitution of 1945 sets forth the Pancasila, the five nationalist principles, as the embodiment of the basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers.

Indonesia was undergoing a period of spiritual revolution, and this was reflected in the constitution. The preamble to the constitution contains the fundamental idea that the state is based on a belief in the "One, Supreme God", which conforms with the principles of a just and civilised humanity. The constitution obliges the government and other state authorities to nurture the nobility of human character and uphold moral ideals.

The constitution was written with the understanding that Indonesian society and the state were growing and changing, and so it was necessary to live dynamically and watch all developments in social and political life. The document was to be binding, but it was also acknowledged that it should be open to change and that the fundamental rules and guidelines within it could be left to statutes that are more easily drawn up, altered, and revoked.

The constitution was reinstated in 1959, and it has since been amended several times, with the most recent amendments being made in 2002.

The desire for a free and independent nation

The Indonesian Constitution was first adopted on 18 August 1945, in the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. The Japanese, realising they would probably lose the war, began to make plans for Indonesian independence, more to spite the Dutch than anything else. On 7 August 1945, the Southern Expeditionary Army Group announced that an Indonesian leader could establish a Preparatory Committee for Indonesian Independence (PPKI). Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day. The 1945 Constitution was reinstated in 1959 and revised in 2002.

The Constitution also sets forth the Pancasila, or five nationalist principles, which embody the basic principles of an independent Indonesian state. These principles include the belief in one supreme God, which conforms with the principles of a just and civilised humanity. The Constitution obliges the government and other authorities to nurture the nobility of human character and uphold moral ideals.

The process of drafting the Indonesian Constitution was influenced by the desire for a free and independent nation. The country's transition to democracy and the near-failure of Wahid's presidency in 2001 highlighted the need for wide-ranging reform. The experience demonstrated that the status quo was unworkable and that a strong popular mandate, a constitutional court, and a redefinition of the relationship between the executive, legislature, and judiciary were necessary. This led to a more forceful reform drive by the Indonesian elite.

The Indonesian Constitution, with its emphasis on independence and sovereignty, has been a guiding force in the country's struggle for independence and its transition to democracy. The document reflects the aspirations and ideals of the Indonesian people and has provided a framework for the country's governance and the protection of its citizens' rights.

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