Eleanor Finch
The Constitution of Indonesia, also known as the Undang-Undang Dasar 1945 or UUD 1945, was originally enacted in 1945, when Indonesia was emerging from Japanese control following World War II and declaring its independence from the Netherlands. The constitution was written in the final months of the Japanese occupation of the Dutch East Indies, and it sets forth the Pancasila, or the five nationalist principles, as the embodiment of the basic principles of an independent Indonesian state. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored by President Sukarno's decree on 5 July 1959.
| Characteristics | Values |
|---|---|
| Year of enactment | 1945 |
| Month of writing | June–August |
| Date of reinstatement | 5 July 1959 |
| Date of latest amendments | 2002 |
| Date of independence | 17 August 1945 |
| Number of articles | 37 |
| Number of transitory provisions | 4 |
| Number of additional provisions | 2 |
| Number of amendments | 4 |
| Language | Bahasa Indonesia |
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What You'll Learn
The 1945 Constitution of the Republic of Indonesia
The 1945 Constitution sets forth the Pancasila, or 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, with the governmental system described as "presidential with parliamentary characteristics." The constitution invests most of the power in the executive branch, particularly in the president, who is assisted by a vice president and a cabinet. It also provides for a body of presidential advisers, called the Supreme Advisory Council (Dewan Pertimbangan Agung), whose advice is not legally binding.
The 1945 Constitution establishes Indonesia as a unitary state and a republic. It asserts that sovereignty is in the hands of the people and that the state shall be based on the rule of law. The constitution also designates Bahasa Indonesia as the national language of Indonesia.
The constitution outlines the roles and responsibilities of the President and Vice-President of the Republic of Indonesia. The President holds the power of government and the power to make statutes in agreement with the Dewan Perwakilan Rakyat. The President is assisted by the Vice-President and determines the government regulations to enforce laws. Both the President and Vice-President are elected by the Majelis Permusyawaratan Rakyat by a majority vote and hold office for a term of five years, with the possibility of re-election.
The 1945 Constitution has been amended four times since its creation, with the current procedures for amendment introduced in 2002. The amendments were approved by the People's Consultative Assembly (MPR), which constitutes the legislative branch of Indonesia's government and is responsible for interpreting the constitution.
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Independence from the Netherlands
The Constitution of Indonesia was originally enacted in 1945, during the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. The Japanese had occupied the islands since the start of the war, and in 1945, it became clear that they would lose. On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration. The Japanese authorities, in response, began to make plans for Indonesian independence, intending to spite the Dutch. On 7 August, the Southern Expeditionary Army Group headquarters announced that an Indonesian leader could form the Preparatory Committee for Indonesian Independence (PPKI).
On 15 August 1945, Japan surrendered unconditionally after the United States dropped atomic bombs on Hiroshima and Nagasaki, and the Soviet Union invaded Manchuria. Sukarno and Hatta declared Indonesia independent on 17 August 1945, and the PPKI met the following day.
The 1945 Constitution of the Unitary State of the Republic of Indonesia (or UUD 1945) is the supreme law and basis for all laws of Indonesia. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored by President Sukarno's 1959 Decree. The 1945 Constitution sets forth the Pancasila, the five nationalist principles, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers.
The Dutch, however, did not recognise Indonesia's independence until much later. They previously insisted that Indonesia had gained sovereignty in 1949 and fought a war against the Southeast Asian nation to re-establish colonial rule after Imperial Japan occupied them during World War II. In 2023, Dutch Prime Minister Mark Rutte acknowledged Indonesia's independence in 1945, stating that the government recognised the date "fully and without reservation". This decision was welcomed by Indonesia's president.
Some experts believe that this official acknowledgment may mean that the Netherlands concedes that its forces committed war crimes in Indonesia between 1945 and 1949. There have been documented cases of villages being burned, people being tortured and summarily executed, and violent anti-insurgency operations that led to killings and summary executions in South Sulawesi and West Java between 1946 and 1947. In 2013, the Dutch government issued a general apology for the mass killings carried out by its troops in Indonesia. However, critics have questioned the usefulness of this recognition without reparations, as the statement by the Dutch PM would "not change any existing legal grounds".
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The role of the President
The Constitution of Indonesia was originally enacted in 1945, when the country was emerging from Japanese control following World War II and declaring its independence from the Netherlands. The 1945 Constitution sets forth the Pancasila, or 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, with a governmental system that has been described as "presidential with parliamentary characteristics".
One of the key powers of the President is the ability to make statutes in agreement with the Dewan Perwakilan Rakyat (DPR). The President also determines the government regulations necessary to expedite the enforcement of laws. Additionally, the President is responsible for taking preparatory steps and executing the provisions of the Constitution within a specified timeframe after the end of the Great East Asia War.
The President of Indonesia also plays a role in the amendment process of the Constitution. While the MPR has the authority to amend and enact the Constitution, the President is part of the broader legislative branch of the government and is responsible for interpreting the Constitution and the broad lines of state policy. The President's role in the amendment process is further outlined in Article 37 of the Constitution, which dictates the procedure for proposing and approving amendments.
Furthermore, the 1945 Constitution provides for a body of presidential advisers, known as the Supreme Advisory Council (Dewan Pertimbangan Agung). However, it is important to note that the advice of this council is not legally binding. Overall, the role of the President of the Republic of Indonesia, as outlined in the 1945 Constitution and subsequent amendments, is to lead the executive branch of the government and ensure the implementation of the Constitution.
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The Pancasila state philosophy
The Constitution of Indonesia was written in the final months of Japanese occupation, from June to August 1945. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but later restored by President Sukarno's 1959 Decree.
The preamble to the 1945 Constitution contains the Pancasila state philosophy, which was formulated by Indonesian nationalist leader Sukarno. On June 1, 1945, Sukarno gave a speech to the preparatory committee for Indonesian independence, outlining his vision for the country's future. This speech, known as the "Birth of Pancasila Address," proposed five principles as the philosophical foundation of an independent Indonesia. These principles, or "sila," were derived from the Sanskrit words "pañca" (five) and "śīla" (principles).
The five principles of Pancasila are:
- Kebangsaan Indonesia (Indonesian Patriotism): This principle emphasises inclusion and represents all people living in Indonesia, regardless of their ethnic or cultural background. It reflects the national motto, "Bhinneka Tunggal Ika," which means "unity in diversity."
- Internasionalisme (Internationalism or Humanism): This principle promotes justice and the virtue of humanity in international relations. It reflects a desire for Indonesia to engage with the world while upholding its own values.
- Musyawarah Mufakat (Deliberative Consensus): This principle advocates for a form of representative democracy that ensures equal voting power for all members of the council, regardless of their ethnic background. It aims to prevent any single ethnic group from dominating the decision-making process.
- Kesejahteraan Sosial (Social Welfare): This principle is based on the theory of the welfare state and emphasises popular socialism. It recognises the importance of social justice and ensuring the well-being of all citizens.
- Ketuhanan yang Berkebudayaan (Divinity with Cultural Context): This principle upholds religious freedom and can accommodate both monotheistic and polytheistic beliefs, allowing space for all of Indonesia's major religions. Sukarno intended this principle to strike a balance between those advocating for an Islamic state and those preferring a secular state.
Pancasila has played a crucial role in establishing Indonesia as a nation and uniting its diverse ethnic, linguistic, and religious groups. It has been described as a common platform that bridges various ideologies within the country. However, it has also faced challenges from political Islamic groups and communists who seek to replace it with their own ideologies. Despite these differences, Pancasila remains a fundamental aspect of Indonesia's national identity and the basis for its laws.
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Amendments since 1945
The Constitution of Indonesia has been amended four times since its creation, all of which were approved by the People's Consultative Assembly (MPR) during the 1999–2002 period. The first 1945 Constitution was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored by President Sukarno's 1959 Decree.
The second amendment introduced Nusantara as Indonesia's territorial character, new articles on human rights, and recognition of the constitutional status of the national anthem and the national emblem. The third amendment was ratified in the MPR parliamentary session on 10 November 2001. It provided a constitutional basis for the establishment of the Constitutional Court and removed clauses regarding the State Policy Guidelines (GBHN). The GBHN was abrogated to perfect the separation of powers in Indonesia's presidential system. The fourth amendment was passed in the MPR parliamentary session on 1–11 August 2002. It removed articles concerning the Supreme Advisory Council.
The current constitutional amendment procedure was introduced by the fourth amendment in 2002. It requires an amendment to be proposed by at least a third of the entire MPR members on a written form describing the proposed amendments and their justification.
Proposals to amend the constitution for a fifth time have been heard since the final constitutional amendment was passed in 2002, and the most serious proposals were heard since 2019.
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Frequently asked questions
The Constitution of Indonesia was originally enacted in 1945.
Indonesia was emerging from Japanese control following World War II and declaring its independence from its former colonial occupier, the Netherlands.
The 1945 Constitution sets forth the Pancasila, or five nationalist principles, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers.
Yes, the 1945 Constitution was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950. However, it was restored by President Sukarno's decree on 5 July 1959. Since then, it has been amended four times, with the most recent amendments being approved in 2002.
