The 1945 Constitution of
the
Department of Information
1. THE PREAMBLE TO THE
CONSTITUTION
Whereas freedom is the
inalienable right of all nations, colonialism must be
abolished in this world as it is not in conformity with humanity and
justice;
And the moment of rejoicing
has arrived in the struggle of the Indonesian
freedom movement to guide the people safely and well to the threshold of
the
independence of the state of
sovereign, just and prosperous;
By the grace of God
Almighty and impelled by the noble desire to live a free
national life, the people of
Subsequent thereto, to form
a government of the state of
shall protect all the people of
in order to improve the public welfare, to advance the intellectual
life of
the people and to contribute to the establishment of a world order
based on
freedom, abiding peace and social justice, the national independence of
of
humanity, the unity of
deliberations amongst representatives and the realization of social justice
for all of the people of
2. THE 1945 CONSTITUTION
Article 1
1. The State of Indonesia
shall be a unitary state which has the form of a
republic.
2) Sovereignty shall be
vested in the people and shall be exercised in full
by the.
Chapter II. The Majelis Permusyawaratan Rakyat
Article 2
1. The Majelis
Permusyawaratan Rakyat shall consist of the members of the
Dewan Perwakilan Rakyat
augmented by the delegates from the regional
territories and groups as provided for by statutory regulations.
2. The Majelis
Permusyawaratan Rakyat shall meet at least once in every five
years in the capital of the state.
3. All decisions of the
Majelis Permusyawaratan Rakyat shall be taken by a
majority vote.
Article 3
The Majelis Permusyawaratan
Rakyat shall determine the constitution and the
guide lines of the policy of State.
Chapter III. The Executive Power
Article 4
1. The President of the
government in accordance with the Constitution.
2. In exercising his
duties, the President shall be assisted by a
Vice-President.
Article 5
1. The President shall hold
the power to make statutes in agreement with the
Dewan Perwakilan
Rakyat.
2. The President shall
determine the government regulations to expedite the
enforcement of laws.
Article 6
1. The President shall be a
native Indonesian citizen.
2. The President and the
Vice-President shall be elected by the Majelis
Permusyawaratan
Rakyat by a majority vote.
Article 7
The President and the
Vice-President shall hold office for a term of five
years and shall be eligible for re-election.
Article 8
Should the President die,
resign or be unable to perform his duties during
his term of office, he shall be succeeded by the Vice-President until
the
expiry of his term of office.
Article 9
Before assuming office, the
President and the Vice-President shall take the
oath of office according to their religions, or solemnly promise
before the
Majelis Permusyawaratan
Rakyat or the Dewan Perwakilan Rakyat as follows:
The
President's/Vice-President's Oath
"In the name of God
Almighty, I swear that I will perform the duties of the
President (Vice-President)
of the
ability and as justly as possible, and that I will strictly observe the
Constitution and
consistently implement the law and regulations in the
service of the country and the people."
The
President's/Vice-President's Promise
"I solemnly promise
that I will perform the duties of the President
(Vice-President) of the
as justly as possible, and that I will strictly observe the
constitution and
consistently implement the law and regulations in the service of the country
and the people."
Article 10
The President is the
Supreme Commander of the Army, the Navy and the Air
Force.
Article 11
In agreement with the Dewan
Perwakilan Rakyat, the President declares war,
makes peace and concludes treaties with other states.
Article 12
The President declares the
state of emergency. The conditions for such a
declaration and the measures to deal with the emergency shall be governed by
law.
Article 13
1. The President appoints
ambassadors and consuls.
2. The President receives
the credentials of foreign ambassadors.
Article 14
The President grants mercy,
amnesty, pardon and restoration of rights.
Article 15
The President grants
titles, decorations and other distinctions of honour.
Chapter IV. The Supreme Advisory Council
Article 16
1. The composition of the
Supreme Advisory Council shall be determined by law.
2. The Council has the duty
to reply to questions raised by the President and
has the right to submit recommendations to the government.
Chapter V. The Ministers of State
Article 17
1. The President shall be
assisted by the Ministers of State.
2. These Ministers shall be
appointed and dismissed by the President.
3. These Ministers shall
head the government departments.
Chapter VI. The Regional Governments
Article 18
The division of the
be prescribed by law in consideration of and with due regard to the
principles of deliberation in the government system and the hereditary
rights
of special territories.
Chapter VII. The Dewan Perwakilan Rakyat
Article 19
1. The composition of the
Dewan Perwakilan Rakyat shall be prescribed by law.
2. The Dewan Perwakilan
Rakyat shall meet at least once a year.
Article 20
1. Every law shall require
the approval of the Dewan Perwakilan Rakyat.
2. Should a bill not obtain
the approval of the Dewan Perwakilan Rakyat, the
bill shall not be resubmitted during the same session of the Dewan
Perwakilan
Rakyat.
Article 21
1. Members of the Dewan
Perwakilan Rakyat have the right to submit a bill.
2. Should such a bill not
obtain the sanction of the President
notwithstanding the approval of the Dewan Perwakilan Rakyat, the bill shall
not be resubmitted during the same session of the Dewan.
Article 22
1. In the event of a
compelling emergency, the President has the right to
issue government regulations in lieu of laws.
2. Such regulations shall
have the consent of the Dewan Perwakilan Rakyat
during its subsequent session.
3. Where the approval of
the Dewan is not obtained, the government
regulations shall be revoked.
Chapter VIII. Finance
Article 23
1. The annual state budget
shall be sanctioned by law. In the event that the
Dewan Perwakilan Rakyat
does not approve a draft budget, the government shall
adopt the budget of the preceding year.
2. All government taxes
shall be determined by law.
3. The forms and
denominations of the currency shall be determined by law.
4. Other financial matters
shall be regulated by law.
5. In order to examine the
accountability of the state finances, a State
Audit Board shall be
established by statutory regulation. The findings of the
Board shall be reported to
the Dewan Perwakilan Rakyat.
Chapter IX. The Judiciary Power
Article 24
1. The judiciary power
shall be exercised by a Supreme Court and such other
courts of law as are provided for by law.
2. The composition and
powers of these legal bodies shall be regulated by
law.
Article 25
The appointment and
dismissal of judges shall be regulated by law.
Chapter X. The Citizens
Article 26
1. Citizens are native
Indonesian persons or persons of other nations who
have acquired a legal status as citizens.
2. Conditions to acquire
and other matters on citizenship shall be determined
by law.
Article 27
1. All citizens have equal
status before the law and in government and shall
abide by the law and the government without any exception.
2. Every citizen has the
right to work and to live in human dignity.
Article 28
Freedom of association and
assembly, of verbal and written expression and the
like, shall be prescribed by law.
Chapter XI. Religion
Article 29
1. The State shall be based
upon the belief in the One and Only God.
2. The State guarantees all
persons the freedom of worship, each according to
his/her own religion or belief.
Chapter XII. National Defence
Article 30
1. Every citizen has the
right and duty to participate in the defence of the
country.
2. The rules governing
defence shall be regulated by law.
Chapter XIII. Education
Article 31
1. Every citizen has the
right to education.
2. The government shall
establish and conduct a national educational system
which shall be regulated by law.
Article 32
The government shall
advance the national culture.
Chapter XIV. Social Welfare
Article 33
1. The economy shall be
organized as a common endeavour based upon the
principles of the family system.
2. Sectors of production
which are important for the country and affect the
life of the people shall be controlled by the state.
3. The land, the waters and
the natural riches contained therein shall be
controlled by the State and exploited to the greatest benefit of the people.
Article 34
The poor and destitute
children shall be cared for by the State.
Chapter XV. The Flag and the Language
Article 35
The national flag of
Article 36
The national language of
Indonesian language.
Chapter XVI. Amendments to the Constitution
Article 37
1. In order to amend the
Constitution, not less than two thirds of the total
number of members of the Majelis Permusyawaratan Rakyat shall be in
attendance.
2. Decisions shall be taken
with the approval of not less than two thirds of
the number of members in attendance.
3. TRANSITIONAL PROVISIONS
Clause I
The Preparatory Committee
for
conduct the transfer of administration to the government of
Clause II
All existing state
institutions continue to function and regulations remain
valid as long as no new ones are established in conformity with this
Constitution.
Clause III
For the first time, the
President and the Vice-President shall be elected by
the Preparatory Committee for
Clause IV
Prior to the formation of
the Majelis Permusyawaratan Rakyat, the Dewan
Perwakilan Rakyat and the
Supreme Advisory Council in accordance with this
Constitution, all their
powers shall be exercised by the President assisted
by a national committee.
4. ADDITIONAL PROVISIONS
1. Within
six months after the end of the Great East Asia War, the President
of
this Constitution.
2. Within
six months after its formation, the Majelis Permusyawaratan Rakyat
shall convene a session to decree the constitution.
5. ANNOTATIONS TO THE
CONSTITUTION
General
I. The
Constitution as a part of the Basic Law
The Constitution of the
country is only a part of its basic law. It is the
written part. In addition, there is the unwritten part of the basic law
which
comprises principal regulations that grow and are preserved in the conduct
of
state affairs.
Indeed, to study the basic
law (droit constitutionnel) of a country we cannot
only analyze the articles of the constitution (loi constitutionnelle).
We
need to know the circumstances and the spiritual background
(geistlicher
hintergrund) that led to the drafting of the document.
We cannot understand the
constitution of any country whatsoever by reading
the text alone. To gain a thorough understanding of such constitution
we have
to know how the text came into existence, the conditions that
prevailed at
the time. In this way we can grasp the fundamental ideas and the
basic
reasoning underlying the constitution.
II. The basic thoughts in
the Preamble
What are the basic thoughts
which are embodied in the preamble to the
constitution?
1. "The State",
so it reads, "protects all the Indonesian people and the
entire
establish social justice for all the people of
The preamble, therefore,
incorporates the idea of a unitary state which
protects and accommodates all the people with no exception. Thus, the
state
stands above all groups of the population and above all individual
convictions. The state, in the context of the preamble, calls for the unity
of all the Indonesian people. This is one of the principles of the
state that
must never be forgotten.
2. The state shall strive
for social justice for all the people (This is the
second principle).
3. The third basic thought
in the preamble is that the state shall be based
on the sovereignty of the people, on democracy and the deliberations
of
representatives. Hence, the political system envisaged in the Constitution
shall be based on democracy and the deliberations of representatives.
This
line of thoughts conforms to the characteristics of the Indonesian
society.
4. 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 civilized
humanity. It
follows that the constitution must make it the duty of the state and all
its
institutions to foster high human ethical norms and to live up to the noble
moral aspirations of the people.
III. The basic ideas in the
preamble are embodied in the articles of the
Constitution
The basic ideas reflect the
spiritual atmosphere in which the constitution
was drafted. These ideas gave rise to legal aspirations (Rechtsidee)
which
encompassed the basic law of the state, both the written (the constitution)
and the unwritten. Thus the articles of the Constitution incorporate
those
ideas.
IV. The
Constitution is concise and flexible
The Constitution is made up
of only 37 articles. The clauses merely refer to
transitional and additional aspects. Thus, this draft constitution is very
brief if compared, for example, with the constitution of the
It is adequate if the
constitution only contains the fundamental provisions
and guidelines as directives for the government and other state
institutions
to conduct state affairs and create public welfare. In particular
for a new
and young country, such a basic law is best to contain the basic
provisions
only while the operational procedures can be accommodated in laws
which are
easier to make, amend and repeal. Hence the system in which the
constitution
is drafted.
We always have to remember
the dynamics of social and state life in
during the period of physical and spiritual revolution. Therefore, we
have to
live a dynamic life; we have to watch all developments in social and
political life. Consequently, we had better avoid hasty crystallization and
moulding (Gestaltung) of ideas that can easily change.
It is true that a written
provision is binding. Hence the more flexible a
provision, the better. We have to see to it that the system of the
constitution does not lag behind the change of time. We must not make laws
that quickly become absolete. The important thing in government and
state
life is the spirit of the authorities, of the government leaders. Even
though
a constitution is characteristic of the family system, if the
spirit of the
authorities and the leaders of government is individualistic, then the
constitution is in reality meaningless. On the other hand, even if a
constitution is imperfect, but the spirit of the government leaders is right,
such a constitution will in no way hinder the process of government.
Thus,
what is most important is the spirit. It must be a living and dynamic
spirit.
On the basis of these
considerations, only the basic principles should be
embodied in the constitution while the instruments of execution should be
left to the law.
6. THE GOVERNMENT SYSTEM
The government system emphasized
by the constitution is as follows:
I.
1. As the Indonesian state
is based on law, it is not founded on power alone
(machtsstaat).
II. The constitutional
system
2. The government is based
on the constitution (basic law), not on absolutism
(unlimited
power).
III. The highest power of
the state is vested in the Majelis Permusyawaratan
Rakyat (Die gezamte
staatgewalt lieght allein bei der Majelis).
3. The sovereignty of the people
is held by a body named the Majelis
Permusyaratan Rakyat which
is the manifestation of all the people of
determines the Constitution and the Guidelines of State Policy. This Majelis
appoints the Head of State (President) and the Deputy Head of State
(Vice-President).
It is this Majelis that
holds the highest power of the state, whereas the
President shall pursue the
state policy as outlined by the Majelis. The
President who is appointed
by the Majelis shall be subordinate and
accountable to the Majelis. He is the mandatory of the Majelis; it is his
duty to carry out its decisions. The President is not in a equal position
(neben)
as, but subordinate to (untergeordnet) the Majelis.
IV. The
President is the Chief Executive of the State under the Majelis
Under the Majelis
Permusyawaratan Rakyat, the President is the Chief
Executive in the
state.
In the conduct of the state
administration, the power and responsibility rest
with the President (The original annotation reads: "(There is)
concentration
of power and responsibility upon the President" which may be
misleading. The
new annotation serves to clarify the point).
V. The President is not
accountable to the Dewan Perwakilan Rakyat (the House
of Representatives)
The position of the Dewan
Perwakilan Rakyat is beside the President.
The President must obtain
the approval of the Dewan to make laws
(Gezetsgebug) and to
determine the budget (Staatsbergroting).
Hence, the President has to
cooperate with the Dewan, but he is not
accountable to it, in the sense that his status does not depend upon it.
VI. The
Ministers of state are the assistants of the President. They are not
accountable to the Dewan Perwakilan Rakyat.
The President appoints and
dismisses the ministers of state. They are not
accountable to the Dewan Perwakilan Rakyat. Their status does not depend upon
the Dewan but upon the President since they are his assistants.
VII. The
Powers of the Head of State is not unlimited
Although the Head of State
is not accountable to the Dewan Perwakilan Rakyat,
he is not a dictator since his power is not unlimited.
As pointed out earlier, he
is accountable to the Majelis Permusyawaratan
Rakyat. Furthermore, he has to pay full attention to the voice (or the
opinions) of the Dewan Perwakilan Rakyat.
The position of the Dewan
Perwakilan Rakyat is strong.
The Dewan Perwakilan is in
a strong position. The Dewan cannot be dissolved
by the President unlike its position in a parliamentary system.
Moreover,
members of the Desan Perwakilan Rakyat are concurrently members of the
Majelis Permusyawaratan
Rakyat. Hence the Dewan Perwakilan Rakyat can always
control the actions of the President and if the DPR is of the opinion
that
the President has acted in contravention of the state policy as laid
down in
the Constitution or as determined by the MPR, the Majelis may convene
a
special session and request the President account for.
The Ministers of State are
no ordinary senior officials.
Although the status of the
ministers of state depends upon the President,
they are no ordinary senior officials since they mainly exercise the
executive power.
As head of a department, a
minister ought to know all the matters related to
his duties. Hence a minister has great influence upon the President
to decide
a policy on his department. In fact this asserts that ministers are
leaders
of the state.
To determine the
government's policy and for the purpose of coordination in
the administration, ministers have to work in close cooperation with
one
another under the leadership of the President.
Article 1
The decision to form a
unitary state and a republic is a manifestation of the
basic idea of the people's sovereignty.
The Majelis Permusyawaratan
Rakyat is the highest authority in the conduct of
state affairs. The Majelis is the manifestation of the people who hold
the
sovereignty of the state.
Chapter II. The Majelis Permusyawaratan Rakyat
Article 2
Section 1
This article implies that
all the people, all groups and all regions are
represented in the Majelis such that this assembly can really be considered
as the manifestation of the people.
The term "groups"
refers to such bodies as cooperatives, labour unions and
other collective organizations. This provision fits with the conditions
of
the time. In conjunction with the idea of creating a cooperative
system in
the economy, the first section of this article is a reminder of the
existence
of such groups in economic organizations.
Section 2
The Majelis with such a
large membership should meet not less than once in
every five years. The term "not less than" implies that,
should it be
necessary, the Majelis may meet more than once within its five-year term,
that is, by calling a special session.
Article 3
Since the Majelis
Permusyawaratan Rakyat is vested with the sovereignty of
the state, its power is unlimited. To keep pace with social dynamics
and by
paying due attention to all developments and trends of the time, once in
every 5 years the Majelis decides the policy of the state to be pursued
in
the future.
Chapter III. The Executive Power
Article 4 and Article 5,
section 2
'The President is the Chief
Executive of the state. To enforce laws he has
the power to issue government regulations (pouvoir reglementair).
Article 5, section 1
Beside the executive power,
the President together with the Dewan Perwakilan
Rakyat exercises the
legislative power of the state.
Articles 6, 7, 8 and 9
These are self-explanatory.
Articles 10, 11, 12, 13, 14
and 15
The powers of the President
referred to in these articles are the
consequences of his position as the Head of State.
Chapter IV. The Supreme Advisory Council
Article 16
This body is a Council of
State whose duty is to give recommendations to the
government. It is only an advisory body.
Chapter V. The Ministers of State
Article 17
See above points VI and
VII.
Chapter VI. The Regional Governments
Article 18
I. Since
Indonesia is a unitary state (eenheidstaat), there will be no region
under its jurisdiction that constitutes another state (staat).
The Indonesian territory
will be divided into provinces which, in turn will
be divided into smaller (administrative) regions.
All regions with an
autonomous status "streek" and "locale
rechtsgemeenschappen" or which merely form an administrative unit, must
respect statutory regulations.
In regions with an
autonomous status, a regional legislative body will be
established since in the regions too the administration must be based on the
principles of deliberations.
II. In the
regions (zelfbesturende landschappen) and village communities
(volksgemeeschappen),
such as the "desa" (village) in Java and
"nagari"
in Minangkabau, the "dusun" and "marga" in
social-adminstrative units. These regional units have their own indigenous
social systems and thus may be considered as special regions.
The
government regulation on these regions shall have due regard to their
hereditary rights.
Chapter VII. The Dewan Perwakilan Rakyat
Articles 19, 20, 21 and 23
The Dewan has to approve
all bills submitted by the government. It also has
the right to initiate bills.
III. Following article 23,
the Dewan has the right to control the budget
(begrooting).
In this way the Dewan controls the government. It has to be
borne in mind that all the members of the Dewan are also members of the
Majelis Permusyawaratan
Rakyat.
Article 22
This article concerns the
emergency rights (noodverordeningsrect) of the
President. It is necessary to include this provision in order that in times
of emergency the government can guarantee the safety of the country
by taking
prompt and appropriate actions. Nevertheless, the government cannot
escape
the control of the Dewan. Therefore, government measures referred to
in this
Article must obtain the
approval of the Dewan must obtain the approval of the
Dewan as they have the same
validity as laws.
Chapter VIII. Finance
Article 23, sections 1, 2,
3, and 4
Section 1 refers to the
right of the Dewan Perwakilan Rakyat to control the
budget (begrooting). The method to decide a budget is a yardstick to
assess
the characteristics of the government. In a fascist country the
budget is
exclusively determined by the government. In a democracy or a country based
on the people's sovereignty, like the
sanctioned by law, meaning with the approval of the Dewan Perwakilan Rakyat.
How the people will live as
a nation and where to get the funds from, must be
decided by the people themselves through their representatives in the
Dewan.
The people decide their own
destiny and hence also their way of living.
Article 23 stresses that to
decide a budget the Dewan is in a stronger
position than the government. This reflects the sovereignty of the people.
Since the right of the
people to decide their own destiny is involved in the
process of adopting a budget, any measures which impose a burden on the
people, such as taxes and the like, must be determined by law, which
means
that these must be approved by the Dewan.
In this connection, the
authority of the Bank of Indonesia, which will issue
and regulate the circulation of money, should be set out by law.
Section 5
How the government spends
the money that has been approved by the Dewan must
conform to the decision on the budget.
To examine the accounts of
the government there must a body that is free from
government influence and authority. A body that is subordinate to the
government will not be able to discharge such a difficult task. Nor does
such
a body stands above the government. Hence, its authority and duty
should be
determined by law.
Chapter IX. The Judicial Power
Articles 24 and 25
The judicial power is
independent to such an extent that it is free from
government interference. Thus, the status of judges should be guaranteed by
law.
Chapter X. The Citizens
Article 26, Section 1
People of other nations,
such as those of Dutch, Chinese and Arabic descents,
whose domicile is
are loyal to the
Article 26, Section 2
Self-explanatory
Article 27, 30, 31 and, section 1
These articles concern the
rights of citizens. Otherwise they are
self-explanatory.
Articles 28, 29 section 2,
and 34
These articles concern the
status of residents. Articles which only concern
citizens as well as those regarding the entire population, accommodate the
aspirations of the Indonesian people to build a democratic state which will
promote social justice and humanity.
Chapter XI. Religion
Article 29, section 1
This section emphasizes the
belief of the Indonesian people in the One and
Only God.
Chapter XII. National Defence
Article 30
Self-explanatory.
Chapter XIII. Education
Article 31, section 2
Self-explanatory.
Article 32
The national culture is the
product of the mental and spiritual activities of
the entire Indonesian people.
The old and indigenous
cultures which were the peak of cultural life in all
the regions of
activities should lead to the advancement of civilization and culture, and
the strengthening of unity without rejecting new elements of foreign
cultures
which can develop or enrich the own national culture and raise the human
dignity of the Indonesian people.
Chapter IX. Social Welfare
Article 33
Article 33 embodies the
principle of economic democracy which states that
production is done by all for all, under the leadership of supervision of
members of the community. Social prosperity is the primary goal, not
individual prosperity. Hence, the economy is organized as a common endeavour
based on the principles of the family system. The form of enterprise
which
meets those conditions is the cooperative.
The economy is based on
economic democracy which envisages prosperity for
everybody. Therefore, economic sectors which are essential for the country
and which affect the life of the people, must be controlled by the
state.
Otherwise the control of
production might fall in the hands of powerful
individuals who could exploit the people. Hence, only enterprises which do
not affect the life of the general population may be left to private
individuals.
The land, the waters and
the natural resources therein are basic assets for
the people's prosperity and should, therefore, be controlled by the
state and
exploited to the greatest benefit of the people.
Article 34
Self-explanatory.
XV. The Flag and the
Language
Article 35
Self-explanatory.
Article 36
Self-explanatory.
Regional languages which
are well preserved by the people, such as the
Javanese, Sundanese,
Madurese and other languages, will be respected and
preserved by the state. Since these languages are also part of the
Indonesian
culture.
Chapter XVI. Amendments to the Constitution
Article 37
Self-explanatory.