The 1945 Constitution of the Republic of Indonesia
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 Indonesia which shall be free, united, 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 Indonesia hereby declare their independence.
Subsequent thereto, to form a government of the state of Indonesia which shall protect all the people of Indonesia and their entire native land, and 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 Indonesia shall be formulated into a constitution of the sovereign Republic of Indonesia which is based on the belief in the One and Only God, just and humanity, the unity of Indonesia, democracy guided by the inner wisdom of deliberations amongst representatives and the realization of social justice for all of the people of Indonesia.
Content of the Constitution
Chapter I. Form of the State and Sovereignty
- The State of Indonesia shall be a unitary state which has the form of a republic.
- Sovereignty shall be vested in the people and shall be exercised in full by the.
Chapter II. The People's Consultative Assembly
- The People's Consultative Assembly shall consist of the members of the People's Representative Assembly augmented by the delegates from the regional territories and groups as provided for by statutory regulations.
- The People's Consultative Assembly shall meet at least once in every five years in the capital of the state.
- All decisions of the People's Consultative Assembly shall be taken by a majority vote.
Article 3The People's Consultative Assembly shall determine the constitution and the guide lines of the policy of State.
Chapter III. The Executive Power
- The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution.
- In exercising his duties, the President shall be assisted by a Vice-President.
- The President shall hold the power to make statutes in agreement with the People People's Representative Assembly.
- The President shall determine the government regulations to expedite the enforcement of laws.
- The President shall be a native Indonesian citizen.
- The President and the Vice-President shall be elected by the Majelis Permusyawaratan Rakyat by a majority vote.
Article 7The President and the Vice-President shall hold office for a term of five years and shall be eligible for re-election.
Article 8Should 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 9Before 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 People's Representative Assembly 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 Republic of Indonesia to the best of my 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 Republic of Indonesia to the best of my 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."
Article 10The President is the Supreme Commander of the Army, the Navy and the Air Force.
Article 11In agreement with the People's Representative Assembly, the President declares war, makes peace and concludes treaties with other states.
Article 12The 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.
- The President appoints ambassadors and consuls.
- The President receives the credentials of foreign ambassadors.
Article 14The President grants mercy, amnesty, pardon and restoration of rights.
Article 15The President grants titles, decorations and other distinctions of honour.
Chapter IV. The Supreme Advisory Council
- The composition of the Supreme Advisory Council shall be determined by law.
- 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
- The President shall be assisted by the Ministers of State.
- These Ministers shall be appointed and dismissed by the President.
- These Ministers shall head the government departments.
Chapter VI. The Regional Governments
Article 18The division of the territory of Indonesia into large and small regions shall 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 People's Representative Council
- The composition of the People's Representative Council shall be prescribed by law.
- The People's Representative Council shall meet at least once a year.
Article 20Every law shall require the approval of the People's Representative Council.
Should a bill not obtain the approval of the People's Representative Council, the bill shall not be resubmitted during the same session of the People's Representative Assembly.
- Members of the People's Representative Council have the right to submit a bill.
- Should such a bill not obtain the sanction of the President notwithstanding the approval of the People's Representative Assembly, the bill shall not be resubmitted during the same session of the Dewan.
- In the event of a compelling emergency, the President has the right to issue government regulations in lieu of laws.
- Such regulations shall have the consent of the People's Representative Council during its subsequent session.
- Where the approval of the Council is not obtained, the government regulations shall be revoked.
Chapter VIII. Finance
- The annual state budget shall be sanctioned by law. In the event that the People's Representative Council does not approve a draft budget, the government shall adopt the budget of the preceding year.
- All government taxes shall be determined by law.
- The forms and denominations of the currency shall be determined by law.
- Other financial matters shall be regulated by law.
- 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 People's Representative Assembly.
Chapter IX. The Judiciary Power
- The judiciary power shall be exercised by a Supreme Court and such other courts of law as are provided for by law.
- The composition and powers of these legal bodies shall be regulated by law.
The appointment and dismissal of judges shall be regulated by law.
Chapter X. The Citizens
- Citizens are native Indonesian persons or persons of other nations who have acquired a legal status as citizens.
- Conditions to acquire and other matters on citizenship shall be determined by law.
- All citizens have equal status before the law and in government and shall abide by the law and the government without any exception.
- Every citizen has the right to work and to live in human dignity.
Article 28Freedom of association and assembly, of verbal and written expression and the like, shall be prescribed by law.
Chapter XI. Religion
- The State shall be based upon the belief in the One and Only God.
- The State guarantees all persons the freedom of worship, each according to his/her own religion or belief.
Chapter XII. National Defense
- Every citizen has the right and duty to participate in the defense of the country.
- The rules governing defence shall be regulated by law.
Chapter XIII. Education
- Every citizen has the right to education.
- The government shall establish and conduct a national educational system which shall be regulated by law.
Article 32The government shall advance the national culture.
Chapter XIV. Social Welfare
- The economy shall be organized as a common endeavour based upon the principles of the family system.
- Sectors of production which are important for the country and affect the life of the people shall be controlled by the state.
- 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 34The poor and destitute children shall be cared for by the State.
Chapter XV. The Flag and the Language
The national flag of Indonesia shall be the red-and-white.
Article 36The national language of Indonesia shall be the Bahasa Indonesia or the Indonesian language.
Chapter XVI. Amendments to the Constitution
- In order to amend the Constitution, not less than two thirds of the total number of members of the People's Consultative Assembly shall be in attendance.
- Decisions shall be taken with the approval of not less than two thirds of the number of members in attendance.
All existing state institutions shall remain in place in order to implement the provisions of this Constitution as long as new state institutions are not yet established in conformity with this Constitution.
Article IIAll existing laws and regulations shall remain in effect as long as new laws and regulations have not yet taken effect under this Constitution.
Article IIIThe Constitutional Court shall be established at the latest by 17 August 2003, and the Supreme Court shall undertake its functions before it is established.
Article IThe MPR is tasked to undertake a review of the content and the legal status of the Decrees (TAP) of the MPRS and the MPR for decision by the MPR at its session in 2003.
Article IIBy the enactment of this Amendment to the Constitution, the Constitution of the State of the Republic of Indonesia shall consist of the Preamble and the Articles.