Constitution of Indonesia

National constitution

The 1945 State Constitution of the Republic of Indonesia (, commonly abbreviated as UUD 1945 or UUD '45) is the supreme law and basis for all laws of Indonesia. The constitution was written in June–August 1945, 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 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 governmental system has been described as "presidential with parliamentary characteristics." Following major upheavals in 1998 and the resignation of President Suharto, several political reforms were set in motion, via amendments to the Constitution, which resulted in changes to all branches of government as well as additional human rights provisions.

Following the transfer of sovereignty to the United States of Indonesia (RIS), in December 1949, the state adopted a bicameral system. The KNIP met for the last time on 15 December 1949 to agree to the Republic of Indonesia joining the United States of Indonesia (RIS). However, this state was short lived and when Indonesia became a unitary state in August 1950, the Working Committee of the KNIP became part of the House of Representatives and Constitution 1945 (usually referred to by the Indonesian acronym "UUD'45") remained in force until it was replaced by the Federal Constitution on 27 December 1949. This was in turn replaced by the Provisional Constitution on 17 August 1950 which in the end turned back into the unitary state of the republic of Indonesia. In 1955 elections were held for the House of Representatives (DPR) as well as for a Constitutional Assembly 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 1958 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.

The 1945 Constitution has the highest legal authority in the country'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 Raden Soepomo (1903–1958), Indonesia's first justice minister, was officially declared to be a part of the Constitution on 5 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 has not been updated, and still refers to the original document, including parts that have been removed, such as Chapter IV. During the sessions in the People's Assembly, all the ideas set forth in the Elucidation was transformed become articles in the new amendments. Lastly, final article of the amended Constitution states that the Constitution consists of the Preamble and the articles.

States that Indonesia is a unitary republic based on law with sovereignty in the hands of the people and exercised through laws.

States that the People's Consultative Assembly is made up of the members of the House of Representatives and the Regional Representatives Council, all of the members of both bodies being directly elected. 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.

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.

The entire articles of this chapter has been removed by the fourth amendment of the Constitution. Previously, states the role of Supreme Advisory Council.

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

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 recognises the special nature of certain regions.

Its members are elected by general election. It 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.

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

General elections to elect the members of the House of Representatives, the Regional Representatives Council, the president and vice president and 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.

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

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

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.

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

Defines citizens and residents, and states that all citizens are equal before the law.

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

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.

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

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

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

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 of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed.

States 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.

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.