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The 1945 Constitution

Posted by aswin pada 1 November 2009


from
: Indonesia.NL
Date : 12 October 2006 21:51:33 CET
Disclaimer : The Embassy accepts no responsibility for checking the accuracy of
information accessed through this site and therefore makes no
representation concerning its completeness, truth, accuracy, or its suitability
for any particular purpose. Users are advised to rely on their own
independent investigations.
Government
The 1945 Constitution
The 1945 Constitution of the Republic of Indonesia As amended by the First
Amendment of 1999, the Second Amendment of 2000, the Third Amendment of 2001
and the Fourth Amendment of 2002 Unofficial translation THE PREAMBLE TO THE
CONSTITUTION
_________________________________________________________
Whereas independence is the inalienable right of all nations, therefore, all 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 independence
movement to guide the people safely and well to the gate of the independence of the
state of Indonesia which shall be independent, united, sovereign, just and prosperous;
By the grace of God Almighty and motivated 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 all the independence and the land that has been
struggled for, and to improve public welfare, to educate the life of the people and to
participate toward the establishment of a world order based on freedom, perpetual
peace and social justice, therefore the independence of Indonesia shall be formulated
into a constitution of the Republic of Indonesia which shall be built into a sovereign state
based on a belief in the One and Only God, just and civilized humanity, the unity of
Indonesia, and democratic life led by wisdom of thoughts in deliberation amongst
representatives of the people, and achieving social justice for all the people of Indonesia.
ARTICLES
Chapter I
Form of the State and Sovereignty
Article 1
(1) The State of Indonesia shall be a unitary state in the form of a republic.
(2) Sovereignty is in the hands of the people and is implemented according to this
Constitution.
(3) The State of Indonesia shall be a state based on the rule of law.
Chapter II
The People’s Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR)
Article 2
(1) The MPR shall consist of the members of the DPR and the members of the DPD
who have been elected through general elections, and shall be regulated further
by law.
(2) The MPR shall convene in a session at least once in every five years in the capital
of the state.
(3) All decisions of the MPR shall be taken by a majority vote.
Article 3
(1) The MPR has the authority to amend and enact the Constitution.
(2) The MPR shall inaugurate the President and/or Vice President.
(3) The MPR may only dismiss the President and/or Vice-President during his/her
term of office in accordance with the Constitution.
Chapter III
The Executive Power
Article 4
(1) The President of the Republic of Indonesia shall hold the power of government
in accordance with the Constitution.
(2) In exercising his/her duties, the President shall be assisted by a Vice-President.
Article 5
(1) The President shall be entitled to submit bills to the DPR.
(2) The President may issue Government regulations as required to implement laws.
Article 6
(1) Any candidate for President or Vice-President shall be a citizen of Indonesia
since birth, shall never have acquired another citizenship by his/her own will,
shall never have committed an act of treason against the State, and shall be
mentally and physically capable of implementing the duties and obligations of
President or Vice-President.
(2) The requirements to become President or Vice-President shall be further
regulated by law.
Article 6A
(1) The President and Vice-President shall be elected as a single ticket directly by the
people.
(2) Each ticket of candidates for President and Vice-President shall be proposed
prior to the holding of general elections by political parties or coalitions of
political parties which are participants in the general elections.
(3) Any ticket of candidates for President and Vice-President which polls a vote of
more than fifty percent of the total number of votes during the general election
and in addition polls at least twenty percent of the votes in more than half of the
total number of provinces in Indonesia shall be declared elected as the President
and Vice-President.
(4) In the event that there is no ticket of candidates for President and Vice- President
elected, the two tickets which have received the first and second highest total of
votes in the general election shall be submitted directly to election by the people,
and the ticket which receives the highest total of votes shall be sworn in as the
President and Vice-President.
(5) The procedure for the holding of the election of the President and Vice- President
shall be further regulated by law.
Article 7
The President and Vice President shall hold office for a term of five years and may
subsequently be reelected to the same office for one further term only.
Article 7A
The President and/or the Vice-President may be dismissed from his/her position during
his/her term of office by the MPR on the proposal of the House of Representatives
(Dewan Perwakilan Rakyat or DPR), both if it is proven that he/she has violated the law
through an act of treason, corruption, bribery, or other act of a grave criminal nature, or
through moral turpitude, and/or that the President and/or Vice-President no longer
meets the qualifications to serve as President and/or Vice-President.
Article 7B
(1) Any proposal for the dismissal of the President and/or the Vice-President may
be submitted by the DPR to the MPR only by first submitting a request to the
Constitutional Court to investigate, bring to trial, and issue a decision on the
opinion of the DPR either that the President and/or Vice-President has
violated the law through an act of treason, corruption, bribery, or other act of a
grave criminal nature, or through moral turpitude, and/or that the President
and/or Vice-President no longer meets the qualifications to serve as President
and/or Vice-President.
(2) The opinion of the DPR that the President and/or Vice-President has violated the
law or no longer meets the qualifications to serve as President and/or Vice-
President is undertaken in the course of implementation of the supervision
function of the DPR.
(3) The submission of the request of the DPR to the Constitutional Court shall only
be made with the support of at least 2/3 of the total members of the DPR who
are present in a plenary session that is attended by at least 2/3 of the total
membership of the DPR.
(4) The Constitutional Court has the obligation to investigate, bring to trial, and
reach the most just decision on the opinion of the DPR at the latest ninety days
after the request of the DPR was received by the Constitutional Court.
(5) If the Constitutional Court decides that the President and/or Vice- President is
proved to have violated the law through an act of treason, corruption, bribery, or
other act of a grave criminal nature, or through moral turpitude; and/or the
President and/or Vice-President is proved no longer to meet the qualifications to
serve as President and/or Vice-President, the DPR shall hold a plenary session to
submit the proposal to impeach the President and/or Vice-President to the MPR.
(6) The MPR shall hold a session to decide on the proposal of the DPR at the latest
thirty days after its receipt of the proposal.
(7) The decision of the MPR over the proposal to impeach the President and/or
Vice-President shall be taken during a plenary session of the MPR which is
attended by at least 3/4 of the total membership and shall require the approval
of at least 2/3 of the total of members who are present, after the President
and/or Vice-President have been given the opportunity to present his/her
explanation to the plenary session of the MPR.
Article 7C
The President may not freeze and/or dissolve the DPR.
Article 8
(1) In the event that the President dies, resigns, is impeached, or is not capable of
implementing his/her obligations during his/her term, he/she will be replaced
by the Vice-President until the end of his/her term.
(2) In the event that the position of Vice-President is vacant, the MPR should hold a
session within sixty days at the latest to elect a Vice-President from two
candidates nominated by the President.
(3) In the event that the President and the Vice President die, resign, are impeached,
or are permanently incapable of performing their tasks and duties within their
term of office simultaneously, the tasks and duties of the presidency shall be
undertaken by a joint administration of the Minister of Foreign Affairs, the
Minister of Home Affairs, and the Minister of Defense. At the latest thirty days
after that, the MPR shall hold a session to elect a new President and Vice
President from the tickets nominated by the political parties or coalitions of
political parties whose tickets won first and second place in the last presidential
election, who will serve for the remainder of the term of office.
Article 9
(1) Prior to taking office, the President and Vice President shall swear an oath in
accordance with their respective religions or shall make a solemn promise before
the MPR or DPR. The oath or promise shall be as follows: Presidential (Vice-
Presidential) Oath:
“I swear before God that, to the best of my ability, I shall fulfill as justly as
possible my duties as President (Vice-President) of the Republic of Indonesia,
that I shall uphold faithfully the Constitution, conscientiously implement all
statutes and regulations, and shall devote myself to the service of Country and
Nation.”
Presidential (Vice-Presidential) Promise:
“I solemnly promise that, to the best of my ability, I shall fulfill as justly as
possible my duties as President (Vice-President) of the Republic of Indonesia that
I shall uphold faithfully the Constitution, conscientiously implement all statutes
and regulations, and shall devote myself to the service of Country and Nation.”
(2) In the event that the MPR or DPR is unable to convene a sitting, the President
and Vice-President shall swear an oath in accordance with their respective
religions or shall make a solemn promise before the leadership of the MPR
witnessed by the leadership of the Supreme Court.
Article 10
The President is the Supreme Commander of the Army, the Navy and the Air Force.
Article 11
(1) The President with the approval of the DPR may declare war, make peace and
conclude treaties with other countries.
(2) The President in making other international agreements that will produce an
extensive and fundamental impact on the lives of the people which are linked to
the state financial burden, and/or that will requires an amendment to or the
enactment of a law, shall obtain the approval of the DPR.
(3) Further provisions regarding international agreements shall be regulated by law.
Article 12
The President may declare a state of emergency. The conditions for such a declaration
and the subsequent measures regarding a state of emergency shall be regulated by law.
Article 13
(1) The President shall appoint ambassadors and consuls.
(2) In the appointment of ambassadors, the President shall have regard to the
opinion of the DPR.
(3) The President shall receive the accreditation of ambassadors of foreign nations
and shall in so doing have regard to the opinion of the DPR.
Article 14
(1) The President may grant clemency and restoration of rights and shall in so doing
have regard to the opinion of the Supreme Court.
(2) The President may grant amnesty and the dropping of charges and shall in so
doing have regard to the opinion of the DPR.
Article 15
The President may grant titles, decorations and other honors as provided by law.
Article 16
The President shall establish an advisory council with the duty of giving advice and
considered opinion to the President, which shall be further regulated by law.
Chapter IV
Supreme Advisory Council
Deleted.
Chapter V
Ministers of State
Article 17
(1) The President shall be assisted by Ministers of State.
(2) Ministers of State shall be appointed and dismissed by the President.
(3) Each Minister of State shall be responsible for a particular area of Government
activity.
(4) The formation, change, and dissolution of ministries of state shall be regulated
by law.
Chapter VI
Regional Authorities
Article 18
(1) The Unitary State of the Republic of Indonesia shall be divided into provinces
and those provinces shall be divided into regencies (kabupaten) and
municipalities (kota), each of which shall have regional authorities which shall be
regulated by law.
(2) The regional authorities of the provinces, regencies and municipalities shall
administer and manage their own affairs according to the principles of regional
autonomy and the duty of assistance (tugas pembantuan).
(3) The authorities of the provinces, regencies and municipalities shall include for
each a Regional People’s House of Representatives (DPRD) whose
members shall be elected through general elections.
(4) Governors, Regents (bupati) and Mayors (walikota), respectively as head of
regional government of the provinces, regencies and municipalities, shall be
elected democratically.
(5) The regional authorities shall exercise wide-ranging autonomy, except in matters
specified by law to be the affairs of the central government.
(6) The regional authorities shall have the authority to adopt regional regulations
and other regulations to implement autonomy and the duty of assistance.
(7) The structure and administrative mechanisms of regional authorities shall be
regulated by law.
Article 18A
(1) The authority relations between the central government and the regional
authorities of the provinces, regencies and municipalities, or between a province
and its regencies and municipalities, shall be regulated by law having regard to
the particularities and diversity of each region.
(2) The relations between the central government and regional authorities in
finances, public services, and the use of natural and other resources shall be
regulated and administered with justice and equity according to law.
Article 18B
(1) The State recognises and respects units of regional authorities that are special
and distinct, which shall be regulated by law.
(2) The State recognises and respects traditional communities along with their
traditional customary rights as long as these remain in existence and are in
accordance with the societal development and the principles of the Unitary State
of the Republic of Indonesia, and shall be regulated by law.
Chapter VII
The People’s Representative Council (Dewan Perwakilan Rakyat or DPR)
Article 19
(1) Members of the DPR shall be elected through a general election.
(2) The structure of the DPR shall be regulated by law.
(3) The DPR shall convene in a session at least once a year.
Article 20
(1) The DPR shall hold the authority to establish laws.
(2) Each bill shall be discussed by the DPR and the President to reach joint approval.
(3) If a bill fails to reach joint approval, that bill shall not be reintroduced within the
same DPR term of sessions.
(4) The President signs a jointly approved bill to become a law.
(5) If the President fails to sign a jointly approved bill within 30 days following such
approval, that bill shall legally become a law and must be promulgated.
Article 20A
(1) The DPR shall hold legislative, budgeting and oversight functions.
(2) In carrying out its functions, in addition to the rights regulated in other articles of
this Constitution, the DPR shall hold the right of interpellation (interpelasi), the
right of investigation (angket), and the right to declare an opinion.
(3) Other than the rights regulated in other articles of this Constitution, every DPR
member shall hold the right to submit questions, the right to propose suggestions
and opinions, and the right of immunity.
(4) Further provisions on the rights of the DPR and the rights of DPR members shall
be regulated by law.
Article 21
DPR members shall have the right to propose bills.
Article 22
(1) Should exigencies compel, the President shall have the right to establish
government regulations in lieu of laws.
(2) Such government regulations must obtain the approval of the DPR during its
next session.
(3) Should there be no such approval, these government regulations shall be
revoked.
Article 22A
Further provisions regarding the procedures to establish laws shall be regulated by law.
Article 22B
DPR members may be removed from office, according to conditions and procedures
which shall be regulated by law.
Chapter VIIA
The Council of Representatives of the Regions (Dewan Perwakilan Daerah or DPD)
Article 22C
(1) The members of the DPD shall be elected from every province through a general
election.
(2) The total number of members of DPD in every province shall be the same, and
the total membership of the DPD shall not exceed a third of the total membership
of the DPR.
(3) The DPD shall hold a session at least once every year.
(4) The structure and composition of the DPD shall be regulated by law.
Article 22D
(1) The DPD may propose to the DPR Bills related to regional autonomy, the
relationship of central and local government, formation, expansion and merger
of regions, management of natural resources and other economic resources, and
Bills related to the financial balance between the centre and the regions.
(2) The DPD shall participate in the discussion of Bills related to regional
autonomy; the relationship of central and local government; formation,
expansion, and merger of regions; management of natural resources and other
economic resources, and financial balance between the centre and the regions;
and shall provide consideration to the DPR over Bills on the State Budget and on
Bills related to taxation, education, or religion.
(3) The DPD may oversee the implementation of laws concerning regional
autonomy, the formation, expansion and merger of regions, the relationship of
central and local government, management of natural resources and other
economic resources, implementation of the State Budget, taxation, education, or
religion and shall in addition submit the result of such oversight to the DPR in
the form of materials for its further consideration.
(4) The members of the DPD may be removed from office under requirements and
procedures that shall be regulated by law.
CHAPTER VIIB
General Elections
Article 22E
(1) General elections shall be conducted in a direct, general, free, secret, honest, and
fair manner once every five years.
(2) General elections shall be conducted to elect the members of the DPR, DPD, the
President and Vice-President, and the Regional People’s Representative Council
(Dewan Perwakilan Rakyat Daerah or DPRD).
(3) The participants in the general election for the election of the members of the
DPR and the members of the DPRDs are political parties.
(4) The participants in the general election for the election of the members of the
DPD are individuals.
(5) The general elections shall be organised by a general election commission of a
national, permanent, and independent character.
(6) Further provisions regarding general elections shall be regulated by law.
Chapter VIII
Finances Article 23
(1) The State Budget as the basis of the management of state funds shall be
determined annually by law and shall be implemented in an open and
accountable manner in order to best attain the prosperity of the people.
(2) The Bill on the State Budget shall be submitted by the President for joint
consideration with the DPR, which consideration shall take into account the
opinions of the DPD.
(3) In the event that the DPR fails to approve the proposed Bill on the State Budget
submitted by the President, the Government shall implement the State Budget of
the preceding year.
Article 23A
All taxes and other levies for the needs of the state of a compulsory nature shall be
regulated by law.
Article 23B
The forms and denomination of the national currency shall be regulated by law.
Article 23C
Other matters concerning state finances shall be regulated by law.
Article 23D
The state shall have a central bank, the structure, composition, authorities,
responsibilities and independence of which shall be regulated by law.
Chapter VIIIA
Supreme Audit Board (Badan Pemeriksa Keuangan or BPK)
Article 23E
(1) To investigate the management and accountability of state finances, there shall
be a single Supreme Audit Board which shall be free and independent.
(2) The result of any investigation of state finances shall be submitted to the DPR,
DPD or DPRD in line with their respective authority.
(3) Action following the result of any such investigation will be taken by
representative institutions and/or bodies according to law.
Article 23F
(1) The members of the BPK shall be chosen by the DPR, which shall have regard to
any considerations of the DPD, and will be formally appointed by the President.
(2) The leadership of the BPK shall be elected by and from the members.
Article 23G
(1) The BPK shall be based in the capital of the nation, and shall have representation
in every province.
(2) Further provisions regarding the BPK shall be regulated by law.
Article 24
(1) The judicial power shall be independent and shall possess the power to organize
the judicature in order to enforce law and justice.
(2) The judicial power shall be implemented by a Supreme Court and judicial bodies
underneath it in the form of public courts, religious affairs courts, military
tribunals, and state administrative courts, and by a Constitutional Court.
(3) Other institutions whose functions have a relation with the judicial powers shall
be regulated by law.
Article 24A
(1) The Supreme Court shall have the authority to hear a trial at the highest
(cassation) level, to review ordinances and regulations made under any law
against such law, and shall possess other authorities as provided by law.
(2) Each justice of the Supreme Court must possess integrity and a personality that is
not dishonorable, and shall be fair, professional, and possess legal experience.
(3) Candidate justices of the Supreme Court shall be proposed by the Judicial
Commission to the DPR for approval and shall subsequently be formally
appointed to office by the President.
(4) The Chair and Vice-Chair of the Supreme Court shall be elected by and from the
justices of the Supreme Court.
(5) The structure, status, membership, and judicial procedure of the Supreme Court
and its subsidiary bodies of judicature shall be regulated by law.
Article 24B
(1) There shall be an independent Judicial Commission which shall possess the
authority to propose candidates for appointment as justices of the Supreme
Court and shall possess further authority to maintain and ensure the honour,
dignity and behaviour of judges.
(2) The members of the Judicial Commission shall possess legal knowledge and
experience and shall be persons of integrity with a personality that is not
dishonourable.
(3) The members of the Judicial Commission shall be appointed and dismissed by
the President with the approval of the DPR.
(4) The structure, composition and membership of the Judicial Commission shall be
regulated by law.
Article 24C
(1) The Constitutional Court shall possess the authority to try a case at the first and
final level and shall have the final power of decision in reviewing laws against
the Constitution, determining disputes over the authorities of state institutions
whose powers are given by this Constitution, deciding over the dissolution of a
political party, and deciding disputes over the results of general elections.
(2) The Constitutional Court shall possess the authority to issue a decision over an
opinion of the DPR concerning alleged violations by the President and /or Vice-
President of this Constitution.
(3) The Constitutional Court shall be composed of nine persons who shall be
constitutional justices and who shall be confirmed in office by the President, of
whom three shall be nominated by the Supreme Court, three nominated by the
DPR, and three nominated by the President.
(4) The Chair and Vice-Chair of the Constitutional Court are elected by and from the
constitutional justices.
(5) Each constitutional justice must possess integrity and a personality that is not
dishonorable, and shall be fair, shall be a statesperson who has a command of the
Constitution and the public institutions, and shall not hold any position as a state
official.
(6) The appointment and dismissal of constitutional justices, the judicial procedure,
and other provisions concerning the Constitutional Court shall be regulated by
law.
Article 25
The appointment and dismissal of judges shall be regulated by law.
Chapter IXA
State Territory
Article 25A
The Unitary State of the Republic of Indonesia is an archipelagic state, the boundaries
and rights of whose territory shall be established by law.
Chapter X
Citizens and Residents
Article 26
(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign
origin who have been legalised as citizens in accordance with law.
(2) Residents shall consist of Indonesian citizens and foreign nationals living in
Indonesia.
(3) Matters concerning citizens and residents shall be regulated by law.
Article 27
(1) All citizens shall be equal before the law and the government and shall be
required to respect the law and the government, with no exceptions.
(2) Every citizen shall have the right to work and to earn a humane livelihood.
(3) Each citizen shall have the right and duty to participate in the effort of defending
the state.
Chapter XA
Human Rights
Article 28
The freedom to associate and to assemble, to express written and oral opinions, etc.,
shall be regulated by law.
Article 28A
Every person shall have the right to live and to defend his/her life and existence.
Article 28B
(1) Every person shall have the right to establish a family and to procreate based
upon lawful marriage.
(2) Every child shall have the right to live, to grow and to develop, and shall have
the right to protection from violence and discrimination.
Article 28C
(1) Every person shall have the right to develop him/herself through the fulfillment
of his/her basic needs, the right to get education and to benefit from science and
technology, arts and culture, for the purpose of improving the quality of his/her
life and for the welfare of the human race.
(2) Every person shall have the right to improve him/herself through collective
struggle for his/her rights to develop his/her society, nation and state.
Article 28D
(1) Every person shall have the right of recognition, guarantees, protection and
certainty before a just law, and of equal treatment before the law.
(2) Every person shall have the right to work and to receive fair and proper
remuneration and treatment in employment.
(3) Every citizen shall have the right to obtain equal opportunities in government.
(4) Every person shall have the right to citizenship status.
Article 28E
(1) Every person shall be free to choose and to practice the religion of his/her choice,
to choose one’s education, to choose one’s employment, to choose one’s
citizenship, and to choose one’s place of residence within the state territory, to
leave it and to subsequently return to it.
(2) Every person shall have the right to the freedom to believe his/her faith
(kepercayaan), and to express his/her views and thoughts, in accordance with
his/her conscience.
(3) Every person shall have the right to the freedom to associate, to assemble and to
express opinions.
Article 28F
Every person shall have the right to communicate and to obtain information for the
purpose of the development of his/her self and social environment, and shall have the
right to seek, obtain, possess, store, process and convey information by employing all
available types of channels.
Article 28G
(1) Every person shall have the right to protection of his/herself, family, honor,
dignity, and property, and shall have the right to feel secure against and receive
protection from the threat of fear to do or not do something that is a human
right.
(2) Every person shall have the right to be free from torture or inhumane and
degrading treatment, and shall have the right to obtain political asylum from
another country.
Article 28H
(1) Every person shall have the right to live in physical and spiritual prosperity, to
have a home and to enjoy a good and healthy environment, and shall have the
right to obtain medical care.
(2) Every person shall have the right to receive facilitation and special treatment to
have the same opportunity and benefit in order to achieve equality and fairness.
(3) Every person shall have the right to social security in order to develop oneself
fully as a dignified human being.
(4) Every person shall have the right to own personal property, and such property
may not be unjustly held possession of by any party.
Article 28I
(1) The rights to life, freedom from torture, freedom of thought and conscience,
freedom of religion, freedom from enslavement, recognition as a person before
the law, and the right not to be tried under a law with retrospective effect are all
human rights that cannot be limited under any circumstances.
(2) Every person shall have the right to be free from discriminative treatment based
upon any grounds whatsoever and shall have the right to protection from such
discriminative treatment.
(3) The cultural identities and rights of traditional communities shall be respected in
accordance with the development of times and civilizations.
(4) The protection, advancement, upholding and fulfillment of human rights are the
responsibility of the state, especially the government.
(5) For the purpose of upholding and protecting human rights in accordance with
the principle of a democratic and law-based state, the implementation of human
rights shall be guaranteed, regulated and set forth in laws and regulations.
Article 28J
(1) Every person shall have the duty to respect the human rights of others in the
orderly life of the community, nation and state.
(2) In exercising his/her rights and freedoms, every person shall have the duty to
accept the restrictions established by law for the sole purposes of guaranteeing
the recognition and respect of the rights and freedoms of others and of satisfying
just demands based upon considerations of morality, religious values, security
and public order in a democratic society.
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
State Defense and Security
Article 30
(1) Every citizen shall have the right and duty to participate in the defense and
security of the state.
(2) The defense and security of the state shall be conducted through the total
people’s defense and security system, with the Indonesian National Military
(TNI) and the Indonesian National Police (POLRI) as the main force, and the
people as the supporting force.
(3) TNI, consisting of the Army, Navy and Air Force, as an instrument of the state
has the duty to defend, protects, and maintains the integrity and sovereignty of
the state.
(4) POLRI, as an instrument of the state that maintains public order and security,
has the duty to protect, guard, and serve the people, and to uphold the law.
(5) The structure and status of TNI and POLRI, the authority relationships between
TNI and POLRI in performing their respective duties, the conditions concerning
the participation of citizens in the defense and security of the state, and other
matters related to defense and security, shall be regulated by law.
Chapter XIII
Education
Article 31
(1) Every citizen has the right to receive education.
(2) Every citizen has the obligation to undertake basic education, and the
government has the obligation to fund this.
(3) The government shall manage and organize one system of national education,
which shall increase the level of spiritual belief, devoutness and moral character
in the context of developing the life of the nation and shall be regulated by law.
(4) The state shall priorities the budget for education to a minimum of 20% of the
State Budget and of the Regional Budgets to fulfill the needs of implementation
of national education.
(5) The government shall advance science and technology with the highest respect
for religious values and national unity for the advancement of civilization and
prosperity of humankind.
Article 32
(1) The state shall advance the national culture of Indonesia among the civilizations
of the world by assuring the freedom of society to preserve and to develop
cultural values.
(2) The state shall respect and preserve local languages as national cultural
treasures.
Chapter XIV
The National Economy and 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 under the powers of the State.
(3) The land, the waters and the natural resources within shall be under the powers
of the State and shall be used to the greatest benefit of the people.
(4) The organization of the national economy shall be conducted on the basis of
economic democracy upholding the principles of togetherness, efficiency with
justice, continuity, environmental perspective, self-sufficiency, and keeping a
balance in the progress and unity of the national economy.
(5) Further provisions relating to the implementation of this article shall be
regulated by law.
Article 34
(1) Impoverished persons and abandoned children shall be taken care of by the
State.
(2) The state shall develop a system of social security for all of the people and shall
empower the inadequate and underprivileged in society in accordance with
human dignity.
(3) The state shall have the obligation to provide sufficient medical and public
service facilities.
(4) Further provisions in relation to the implementation of this Article shall be
regulated by law.
Chapter XV
National Flag, Language, Coat of Arms and Anthem
Article 35
The national flag of Indonesia shall be the Red and White (Sang Merah Putih).
Article 36
The national language shall be Indonesian (Bahasa Indonesia).
Article 36A
The national coat of arms shall be the Pancasila eagle (Garuda Pancasila) with the motto
Unity in Diversity (Bhinneka Tunggal Ika).
Article 36B
The national anthem shall be Indonesia Raya.
Article 36C
Further provisions regarding the national flag, language, coat of arms and anthem shall
be regulated by law.
Chapter XVI
Constitutional Amendments
Article 37
(1) A proposal to amend the Articles of this Constitution may be included in the
agenda of an MPR session if it is submitted by at least 1/3 of the total MPR
membership.
(2) Any proposal to amend the Articles of this Constitution shall be introduced in
writing and must clearly state the articles to be amended and the reasons for the
amendment.
(3) To amend the Articles of this Constitution, the session of the MPR requires at
least 2/3 of the total membership of the MPR to be present.
(4) Any decision to amend the Articles of this Constitution shall be made with the
agreement of at least fifty per cent plus one member of the total membership of
the MPR.
(5) Provisions relating to the form of the unitary state of the Republic of Indonesia
may not be amended.
Transitional Provisions
Article I
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 II
All existing laws and regulations shall remain in effect as long as new laws and
regulations have not yet taken effect under this Constitution.
Article III
The Constitutional Court shall be established at the latest by 17 August 2003, and the
Supreme Court shall undertake its functions before it is established.
Additional Provisions
Article I
The 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 II
With 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.
Disclaimer : The Embassy accepts no responsibility for checking the accuracy of
information accessed through this site and therefore makes no
representation concerning its completeness, truth, accuracy, or its suitability
for any particular purpose. Users are advised to rely on their own
independent investigations.

Printedfrom: Indonesia.NLSite URL : http://www.kbri.nlPage URL : http://www.kbri.nl/articles.php?rank=2&art_cat_id=22Date : 12 October 2006 21:51:33 CETDisclaimer : The Embassy accepts no responsibility for checking the accuracy ofinformation accessed through this site and therefore makes norepresentation concerning its completeness, truth, accuracy, or its suitabilityfor any particular purpose. Users are advised to rely on their ownindependent investigations.GovernmentThe 1945 ConstitutionThe 1945 Constitution of the Republic of Indonesia As amended by the FirstAmendment of 1999, the Second Amendment of 2000, the Third Amendment of 2001and the Fourth Amendment of 2002 Unofficial translation THE PREAMBLE TO THECONSTITUTION_________________________________________________________Whereas independence is the inalienable right of all nations, therefore, all colonialismmust 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 independencemovement to guide the people safely and well to the gate of the independence of thestate of Indonesia which shall be independent, united, sovereign, just and prosperous;By the grace of God Almighty and motivated by the noble desire to live a free nationallife, the people of Indonesia hereby declare their independence.Subsequent thereto, to form a government of the state of Indonesia which shall protectall the people of Indonesia and all the independence and the land that has beenstruggled for, and to improve public welfare, to educate the life of the people and toparticipate toward the establishment of a world order based on freedom, perpetualpeace and social justice, therefore the independence of Indonesia shall be formulatedinto a constitution of the Republic of Indonesia which shall be built into a sovereign statebased on a belief in the One and Only God, just and civilized humanity, the unity ofIndonesia, and democratic life led by wisdom of thoughts in deliberation amongstrepresentatives of the people, and achieving social justice for all the people of Indonesia.ARTICLESChapter IForm of the State and SovereigntyArticle 1(1) The State of Indonesia shall be a unitary state in the form of a republic.(2) Sovereignty is in the hands of the people and is implemented according to thisConstitution.(3) The State of Indonesia shall be a state based on the rule of law.Chapter IIThe People’s Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR)Article 2(1) The MPR shall consist of the members of the DPR and the members of the DPDwho have been elected through general elections, and shall be regulated furtherby law.(2) The MPR shall convene in a session at least once in every five years in the capitalof the state.(3) All decisions of the MPR shall be taken by a majority vote.Article 3(1) The MPR has the authority to amend and enact the Constitution.(2) The MPR shall inaugurate the President and/or Vice President.(3) The MPR may only dismiss the President and/or Vice-President during his/herterm of office in accordance with the Constitution.Chapter IIIThe Executive PowerArticle 4(1) The President of the Republic of Indonesia shall hold the power of governmentin accordance with the Constitution.(2) In exercising his/her duties, the President shall be assisted by a Vice-President.Article 5(1) The President shall be entitled to submit bills to the DPR.(2) The President may issue Government regulations as required to implement laws.Article 6(1) Any candidate for President or Vice-President shall be a citizen of Indonesiasince birth, shall never have acquired another citizenship by his/her own will,shall never have committed an act of treason against the State, and shall bementally and physically capable of implementing the duties and obligations ofPresident or Vice-President.(2) The requirements to become President or Vice-President shall be furtherregulated by law.Article 6A(1) The President and Vice-President shall be elected as a single ticket directly by thepeople.(2) Each ticket of candidates for President and Vice-President shall be proposedprior to the holding of general elections by political parties or coalitions ofpolitical parties which are participants in the general elections.(3) Any ticket of candidates for President and Vice-President which polls a vote ofmore than fifty percent of the total number of votes during the general electionand in addition polls at least twenty percent of the votes in more than half of thetotal number of provinces in Indonesia shall be declared elected as the Presidentand Vice-President.(4) In the event that there is no ticket of candidates for President and Vice- Presidentelected, the two tickets which have received the first and second highest total ofvotes in the general election shall be submitted directly to election by the people,and the ticket which receives the highest total of votes shall be sworn in as thePresident and Vice-President.(5) The procedure for the holding of the election of the President and Vice- Presidentshall be further regulated by law.Article 7The President and Vice President shall hold office for a term of five years and maysubsequently be reelected to the same office for one further term only.Article 7AThe President and/or the Vice-President may be dismissed from his/her position duringhis/her term of office by the MPR on the proposal of the House of Representatives(Dewan Perwakilan Rakyat or DPR), both if it is proven that he/she has violated the lawthrough an act of treason, corruption, bribery, or other act of a grave criminal nature, orthrough moral turpitude, and/or that the President and/or Vice-President no longermeets the qualifications to serve as President and/or Vice-President.Article 7B(1) Any proposal for the dismissal of the President and/or the Vice-President maybe submitted by the DPR to the MPR only by first submitting a request to theConstitutional Court to investigate, bring to trial, and issue a decision on theopinion of the DPR either that the President and/or Vice-President hasviolated the law through an act of treason, corruption, bribery, or other act of agrave criminal nature, or through moral turpitude, and/or that the Presidentand/or Vice-President no longer meets the qualifications to serve as Presidentand/or Vice-President.(2) The opinion of the DPR that the President and/or Vice-President has violated thelaw or no longer meets the qualifications to serve as President and/or Vice-President is undertaken in the course of implementation of the supervisionfunction of the DPR.(3) The submission of the request of the DPR to the Constitutional Court shall onlybe made with the support of at least 2/3 of the total members of the DPR whoare present in a plenary session that is attended by at least 2/3 of the totalmembership of the DPR.(4) The Constitutional Court has the obligation to investigate, bring to trial, andreach the most just decision on the opinion of the DPR at the latest ninety daysafter the request of the DPR was received by the Constitutional Court.(5) If the Constitutional Court decides that the President and/or Vice- President isproved to have violated the law through an act of treason, corruption, bribery, orother act of a grave criminal nature, or through moral turpitude; and/or thePresident and/or Vice-President is proved no longer to meet the qualifications toserve as President and/or Vice-President, the DPR shall hold a plenary session tosubmit the proposal to impeach the President and/or Vice-President to the MPR.(6) The MPR shall hold a session to decide on the proposal of the DPR at the latestthirty days after its receipt of the proposal.(7) The decision of the MPR over the proposal to impeach the President and/orVice-President shall be taken during a plenary session of the MPR which isattended by at least 3/4 of the total membership and shall require the approvalof at least 2/3 of the total of members who are present, after the Presidentand/or Vice-President have been given the opportunity to present his/herexplanation to the plenary session of the MPR.Article 7CThe President may not freeze and/or dissolve the DPR.Article 8(1) In the event that the President dies, resigns, is impeached, or is not capable ofimplementing his/her obligations during his/her term, he/she will be replacedby the Vice-President until the end of his/her term.(2) In the event that the position of Vice-President is vacant, the MPR should hold asession within sixty days at the latest to elect a Vice-President from twocandidates nominated by the President.(3) In the event that the President and the Vice President die, resign, are impeached,or are permanently incapable of performing their tasks and duties within theirterm of office simultaneously, the tasks and duties of the presidency shall beundertaken by a joint administration of the Minister of Foreign Affairs, theMinister of Home Affairs, and the Minister of Defense. At the latest thirty daysafter that, the MPR shall hold a session to elect a new President and VicePresident from the tickets nominated by the political parties or coalitions ofpolitical parties whose tickets won first and second place in the last presidentialelection, who will serve for the remainder of the term of office.Article 9(1) Prior to taking office, the President and Vice President shall swear an oath inaccordance with their respective religions or shall make a solemn promise beforethe MPR or DPR. The oath or promise shall be as follows: Presidential (Vice-Presidential) Oath:”I swear before God that, to the best of my ability, I shall fulfill as justly aspossible my duties as President (Vice-President) of the Republic of Indonesia,that I shall uphold faithfully the Constitution, conscientiously implement allstatutes and regulations, and shall devote myself to the service of Country andNation.”Presidential (Vice-Presidential) Promise:”I solemnly promise that, to the best of my ability, I shall fulfill as justly aspossible my duties as President (Vice-President) of the Republic of Indonesia thatI shall uphold faithfully the Constitution, conscientiously implement all statutesand regulations, and shall devote myself to the service of Country and Nation.”(2) In the event that the MPR or DPR is unable to convene a sitting, the Presidentand Vice-President shall swear an oath in accordance with their respectivereligions or shall make a solemn promise before the leadership of the MPRwitnessed by the leadership of the Supreme Court.Article 10The President is the Supreme Commander of the Army, the Navy and the Air Force.Article 11(1) The President with the approval of the DPR may declare war, make peace andconclude treaties with other countries.(2) The President in making other international agreements that will produce anextensive and fundamental impact on the lives of the people which are linked tothe state financial burden, and/or that will requires an amendment to or theenactment of a law, shall obtain the approval of the DPR.(3) Further provisions regarding international agreements shall be regulated by law.Article 12The President may declare a state of emergency. The conditions for such a declarationand the subsequent measures regarding a state of emergency shall be regulated by law.Article 13(1) The President shall appoint ambassadors and consuls.(2) In the appointment of ambassadors, the President shall have regard to theopinion of the DPR.(3) The President shall receive the accreditation of ambassadors of foreign nationsand shall in so doing have regard to the opinion of the DPR.Article 14(1) The President may grant clemency and restoration of rights and shall in so doinghave regard to the opinion of the Supreme Court.(2) The President may grant amnesty and the dropping of charges and shall in sodoing have regard to the opinion of the DPR.Article 15The President may grant titles, decorations and other honors as provided by law.Article 16The President shall establish an advisory council with the duty of giving advice andconsidered opinion to the President, which shall be further regulated by law.Chapter IVSupreme Advisory CouncilDeleted.Chapter VMinisters of StateArticle 17(1) The President shall be assisted by Ministers of State.(2) Ministers of State shall be appointed and dismissed by the President.(3) Each Minister of State shall be responsible for a particular area of Governmentactivity.(4) The formation, change, and dissolution of ministries of state shall be regulatedby law.Chapter VIRegional AuthoritiesArticle 18(1) The Unitary State of the Republic of Indonesia shall be divided into provincesand those provinces shall be divided into regencies (kabupaten) andmunicipalities (kota), each of which shall have regional authorities which shall beregulated by law.(2) The regional authorities of the provinces, regencies and municipalities shalladminister and manage their own affairs according to the principles of regionalautonomy and the duty of assistance (tugas pembantuan).(3) The authorities of the provinces, regencies and municipalities shall include foreach a Regional People’s House of Representatives (DPRD) whosemembers shall be elected through general elections.(4) Governors, Regents (bupati) and Mayors (walikota), respectively as head ofregional government of the provinces, regencies and municipalities, shall beelected democratically.(5) The regional authorities shall exercise wide-ranging autonomy, except in mattersspecified by law to be the affairs of the central government.(6) The regional authorities shall have the authority to adopt regional regulationsand other regulations to implement autonomy and the duty of assistance.(7) The structure and administrative mechanisms of regional authorities shall beregulated by law.Article 18A(1) The authority relations between the central government and the regionalauthorities of the provinces, regencies and municipalities, or between a provinceand its regencies and municipalities, shall be regulated by law having regard tothe particularities and diversity of each region.(2) The relations between the central government and regional authorities infinances, public services, and the use of natural and other resources shall beregulated and administered with justice and equity according to law.Article 18B(1) The State recognises and respects units of regional authorities that are specialand distinct, which shall be regulated by law.(2) The State recognises and respects traditional communities along with theirtraditional customary rights as long as these remain in existence and are inaccordance with the societal development and the principles of the Unitary Stateof the Republic of Indonesia, and shall be regulated by law.Chapter VIIThe People’s Representative Council (Dewan Perwakilan Rakyat or DPR)Article 19(1) Members of the DPR shall be elected through a general election.(2) The structure of the DPR shall be regulated by law.(3) The DPR shall convene in a session at least once a year.Article 20(1) The DPR shall hold the authority to establish laws.(2) Each bill shall be discussed by the DPR and the President to reach joint approval.(3) If a bill fails to reach joint approval, that bill shall not be reintroduced within thesame DPR term of sessions.(4) The President signs a jointly approved bill to become a law.(5) If the President fails to sign a jointly approved bill within 30 days following suchapproval, that bill shall legally become a law and must be promulgated.Article 20A(1) The DPR shall hold legislative, budgeting and oversight functions.(2) In carrying out its functions, in addition to the rights regulated in other articles ofthis Constitution, the DPR shall hold the right of interpellation (interpelasi), theright of investigation (angket), and the right to declare an opinion.(3) Other than the rights regulated in other articles of this Constitution, every DPRmember shall hold the right to submit questions, the right to propose suggestionsand opinions, and the right of immunity.(4) Further provisions on the rights of the DPR and the rights of DPR members shallbe regulated by law.Article 21DPR members shall have the right to propose bills.Article 22(1) Should exigencies compel, the President shall have the right to establishgovernment regulations in lieu of laws.(2) Such government regulations must obtain the approval of the DPR during itsnext session.(3) Should there be no such approval, these government regulations shall berevoked.Article 22AFurther provisions regarding the procedures to establish laws shall be regulated by law.Article 22BDPR members may be removed from office, according to conditions and procedureswhich shall be regulated by law.Chapter VIIAThe Council of Representatives of the Regions (Dewan Perwakilan Daerah or DPD)Article 22C(1) The members of the DPD shall be elected from every province through a generalelection.(2) The total number of members of DPD in every province shall be the same, andthe total membership of the DPD shall not exceed a third of the total membershipof the DPR.(3) The DPD shall hold a session at least once every year.(4) The structure and composition of the DPD shall be regulated by law.Article 22D(1) The DPD may propose to the DPR Bills related to regional autonomy, therelationship of central and local government, formation, expansion and mergerof regions, management of natural resources and other economic resources, andBills related to the financial balance between the centre and the regions.(2) The DPD shall participate in the discussion of Bills related to regionalautonomy; the relationship of central and local government; formation,expansion, and merger of regions; management of natural resources and othereconomic resources, and financial balance between the centre and the regions;and shall provide consideration to the DPR over Bills on the State Budget and onBills related to taxation, education, or religion.(3) The DPD may oversee the implementation of laws concerning regionalautonomy, the formation, expansion and merger of regions, the relationship ofcentral and local government, management of natural resources and othereconomic resources, implementation of the State Budget, taxation, education, orreligion and shall in addition submit the result of such oversight to the DPR inthe form of materials for its further consideration.(4) The members of the DPD may be removed from office under requirements andprocedures that shall be regulated by law.CHAPTER VIIBGeneral ElectionsArticle 22E(1) General elections shall be conducted in a direct, general, free, secret, honest, andfair manner once every five years.(2) General elections shall be conducted to elect the members of the DPR, DPD, thePresident and Vice-President, and the Regional People’s Representative Council(Dewan Perwakilan Rakyat Daerah or DPRD).(3) The participants in the general election for the election of the members of theDPR and the members of the DPRDs are political parties.(4) The participants in the general election for the election of the members of theDPD are individuals.(5) The general elections shall be organised by a general election commission of anational, permanent, and independent character.(6) Further provisions regarding general elections shall be regulated by law.Chapter VIIIFinances Article 23(1) The State Budget as the basis of the management of state funds shall bedetermined annually by law and shall be implemented in an open andaccountable manner in order to best attain the prosperity of the people.(2) The Bill on the State Budget shall be submitted by the President for jointconsideration with the DPR, which consideration shall take into account theopinions of the DPD.(3) In the event that the DPR fails to approve the proposed Bill on the State Budgetsubmitted by the President, the Government shall implement the State Budget ofthe preceding year.Article 23AAll taxes and other levies for the needs of the state of a compulsory nature shall beregulated by law.Article 23BThe forms and denomination of the national currency shall be regulated by law.Article 23COther matters concerning state finances shall be regulated by law.Article 23DThe state shall have a central bank, the structure, composition, authorities,responsibilities and independence of which shall be regulated by law.Chapter VIIIASupreme Audit Board (Badan Pemeriksa Keuangan or BPK)Article 23E(1) To investigate the management and accountability of state finances, there shallbe a single Supreme Audit Board which shall be free and independent.(2) The result of any investigation of state finances shall be submitted to the DPR,DPD or DPRD in line with their respective authority.(3) Action following the result of any such investigation will be taken byrepresentative institutions and/or bodies according to law.Article 23F(1) The members of the BPK shall be chosen by the DPR, which shall have regard toany considerations of the DPD, and will be formally appointed by the President.(2) The leadership of the BPK shall be elected by and from the members.Article 23G(1) The BPK shall be based in the capital of the nation, and shall have representationin every province.(2) Further provisions regarding the BPK shall be regulated by law.Article 24(1) The judicial power shall be independent and shall possess the power to organizethe judicature in order to enforce law and justice.(2) The judicial power shall be implemented by a Supreme Court and judicial bodiesunderneath it in the form of public courts, religious affairs courts, militarytribunals, and state administrative courts, and by a Constitutional Court.(3) Other institutions whose functions have a relation with the judicial powers shallbe regulated by law.Article 24A(1) The Supreme Court shall have the authority to hear a trial at the highest(cassation) level, to review ordinances and regulations made under any lawagainst such law, and shall possess other authorities as provided by law.(2) Each justice of the Supreme Court must possess integrity and a personality that isnot dishonorable, and shall be fair, professional, and possess legal experience.(3) Candidate justices of the Supreme Court shall be proposed by the JudicialCommission to the DPR for approval and shall subsequently be formallyappointed to office by the President.(4) The Chair and Vice-Chair of the Supreme Court shall be elected by and from thejustices of the Supreme Court.(5) The structure, status, membership, and judicial procedure of the Supreme Courtand its subsidiary bodies of judicature shall be regulated by law.Article 24B(1) There shall be an independent Judicial Commission which shall possess theauthority to propose candidates for appointment as justices of the SupremeCourt and shall possess further authority to maintain and ensure the honour,dignity and behaviour of judges.(2) The members of the Judicial Commission shall possess legal knowledge andexperience and shall be persons of integrity with a personality that is notdishonourable.(3) The members of the Judicial Commission shall be appointed and dismissed bythe President with the approval of the DPR.(4) The structure, composition and membership of the Judicial Commission shall beregulated by law.Article 24C(1) The Constitutional Court shall possess the authority to try a case at the first andfinal level and shall have the final power of decision in reviewing laws againstthe Constitution, determining disputes over the authorities of state institutionswhose powers are given by this Constitution, deciding over the dissolution of apolitical party, and deciding disputes over the results of general elections.(2) The Constitutional Court shall possess the authority to issue a decision over anopinion of the DPR concerning alleged violations by the President and /or Vice-President of this Constitution.(3) The Constitutional Court shall be composed of nine persons who shall beconstitutional justices and who shall be confirmed in office by the President, ofwhom three shall be nominated by the Supreme Court, three nominated by theDPR, and three nominated by the President.(4) The Chair and Vice-Chair of the Constitutional Court are elected by and from theconstitutional justices.(5) Each constitutional justice must possess integrity and a personality that is notdishonorable, and shall be fair, shall be a statesperson who has a command of theConstitution and the public institutions, and shall not hold any position as a stateofficial.(6) The appointment and dismissal of constitutional justices, the judicial procedure,and other provisions concerning the Constitutional Court shall be regulated bylaw.Article 25The appointment and dismissal of judges shall be regulated by law.Chapter IXAState TerritoryArticle 25AThe Unitary State of the Republic of Indonesia is an archipelagic state, the boundariesand rights of whose territory shall be established by law.Chapter XCitizens and ResidentsArticle 26(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreignorigin who have been legalised as citizens in accordance with law.(2) Residents shall consist of Indonesian citizens and foreign nationals living inIndonesia.(3) Matters concerning citizens and residents shall be regulated by law.Article 27(1) All citizens shall be equal before the law and the government and shall berequired to respect the law and the government, with no exceptions.(2) Every citizen shall have the right to work and to earn a humane livelihood.(3) Each citizen shall have the right and duty to participate in the effort of defendingthe state.Chapter XAHuman RightsArticle 28The freedom to associate and to assemble, to express written and oral opinions, etc.,shall be regulated by law.Article 28AEvery person shall have the right to live and to defend his/her life and existence.Article 28B(1) Every person shall have the right to establish a family and to procreate basedupon lawful marriage.(2) Every child shall have the right to live, to grow and to develop, and shall havethe right to protection from violence and discrimination.Article 28C(1) Every person shall have the right to develop him/herself through the fulfillmentof his/her basic needs, the right to get education and to benefit from science andtechnology, arts and culture, for the purpose of improving the quality of his/herlife and for the welfare of the human race.(2) Every person shall have the right to improve him/herself through collectivestruggle for his/her rights to develop his/her society, nation and state.Article 28D(1) Every person shall have the right of recognition, guarantees, protection andcertainty before a just law, and of equal treatment before the law.(2) Every person shall have the right to work and to receive fair and properremuneration and treatment in employment.(3) Every citizen shall have the right to obtain equal opportunities in government.(4) Every person shall have the right to citizenship status.Article 28E(1) Every person shall be free to choose and to practice the religion of his/her choice,to choose one’s education, to choose one’s employment, to choose one’scitizenship, and to choose one’s place of residence within the state territory, toleave it and to subsequently return to it.(2) Every person shall have the right to the freedom to believe his/her faith(kepercayaan), and to express his/her views and thoughts, in accordance withhis/her conscience.(3) Every person shall have the right to the freedom to associate, to assemble and toexpress opinions.Article 28FEvery person shall have the right to communicate and to obtain information for thepurpose of the development of his/her self and social environment, and shall have theright to seek, obtain, possess, store, process and convey information by employing allavailable types of channels.Article 28G(1) Every person shall have the right to protection of his/herself, family, honor,dignity, and property, and shall have the right to feel secure against and receiveprotection from the threat of fear to do or not do something that is a humanright.(2) Every person shall have the right to be free from torture or inhumane anddegrading treatment, and shall have the right to obtain political asylum fromanother country.Article 28H(1) Every person shall have the right to live in physical and spiritual prosperity, tohave a home and to enjoy a good and healthy environment, and shall have theright to obtain medical care.(2) Every person shall have the right to receive facilitation and special treatment tohave the same opportunity and benefit in order to achieve equality and fairness.(3) Every person shall have the right to social security in order to develop oneselffully as a dignified human being.(4) Every person shall have the right to own personal property, and such propertymay not be unjustly held possession of by any party.Article 28I(1) The rights to life, freedom from torture, freedom of thought and conscience,freedom of religion, freedom from enslavement, recognition as a person beforethe law, and the right not to be tried under a law with retrospective effect are allhuman rights that cannot be limited under any circumstances.(2) Every person shall have the right to be free from discriminative treatment basedupon any grounds whatsoever and shall have the right to protection from suchdiscriminative treatment.(3) The cultural identities and rights of traditional communities shall be respected inaccordance with the development of times and civilizations.(4) The protection, advancement, upholding and fulfillment of human rights are theresponsibility of the state, especially the government.(5) For the purpose of upholding and protecting human rights in accordance withthe principle of a democratic and law-based state, the implementation of humanrights shall be guaranteed, regulated and set forth in laws and regulations.Article 28J(1) Every person shall have the duty to respect the human rights of others in theorderly life of the community, nation and state.(2) In exercising his/her rights and freedoms, every person shall have the duty toaccept the restrictions established by law for the sole purposes of guaranteeingthe recognition and respect of the rights and freedoms of others and of satisfyingjust demands based upon considerations of morality, religious values, securityand public order in a democratic society.Chapter XIReligionArticle 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 tohis/her own religion or belief.Chapter XIIState Defense and SecurityArticle 30(1) Every citizen shall have the right and duty to participate in the defense andsecurity of the state.(2) The defense and security of the state shall be conducted through the totalpeople’s defense and security system, with the Indonesian National Military(TNI) and the Indonesian National Police (POLRI) as the main force, and thepeople as the supporting force.(3) TNI, consisting of the Army, Navy and Air Force, as an instrument of the statehas the duty to defend, protects, and maintains the integrity and sovereignty ofthe state.(4) POLRI, as an instrument of the state that maintains public order and security,has the duty to protect, guard, and serve the people, and to uphold the law.(5) The structure and status of TNI and POLRI, the authority relationships betweenTNI and POLRI in performing their respective duties, the conditions concerningthe participation of citizens in the defense and security of the state, and othermatters related to defense and security, shall be regulated by law.Chapter XIIIEducationArticle 31(1) Every citizen has the right to receive education.(2) Every citizen has the obligation to undertake basic education, and thegovernment has the obligation to fund this.(3) The government shall manage and organize one system of national education,which shall increase the level of spiritual belief, devoutness and moral characterin the context of developing the life of the nation and shall be regulated by law.(4) The state shall priorities the budget for education to a minimum of 20% of theState Budget and of the Regional Budgets to fulfill the needs of implementationof national education.(5) The government shall advance science and technology with the highest respectfor religious values and national unity for the advancement of civilization andprosperity of humankind.Article 32(1) The state shall advance the national culture of Indonesia among the civilizationsof the world by assuring the freedom of society to preserve and to developcultural values.(2) The state shall respect and preserve local languages as national culturaltreasures.Chapter XIVThe National Economy and Social WelfareArticle 33(1) The economy shall be organized as a common Endeavour based upon theprinciples of the family system.(2) Sectors of production which are important for the country and affect the life ofthe people shall be under the powers of the State.(3) The land, the waters and the natural resources within shall be under the powersof the State and shall be used to the greatest benefit of the people.(4) The organization of the national economy shall be conducted on the basis ofeconomic democracy upholding the principles of togetherness, efficiency withjustice, continuity, environmental perspective, self-sufficiency, and keeping abalance in the progress and unity of the national economy.(5) Further provisions relating to the implementation of this article shall beregulated by law.Article 34(1) Impoverished persons and abandoned children shall be taken care of by theState.(2) The state shall develop a system of social security for all of the people and shallempower the inadequate and underprivileged in society in accordance withhuman dignity.(3) The state shall have the obligation to provide sufficient medical and publicservice facilities.(4) Further provisions in relation to the implementation of this Article shall beregulated by law.Chapter XVNational Flag, Language, Coat of Arms and AnthemArticle 35The national flag of Indonesia shall be the Red and White (Sang Merah Putih).Article 36The national language shall be Indonesian (Bahasa Indonesia).Article 36AThe national coat of arms shall be the Pancasila eagle (Garuda Pancasila) with the mottoUnity in Diversity (Bhinneka Tunggal Ika).Article 36BThe national anthem shall be Indonesia Raya.Article 36CFurther provisions regarding the national flag, language, coat of arms and anthem shallbe regulated by law.Chapter XVIConstitutional AmendmentsArticle 37(1) A proposal to amend the Articles of this Constitution may be included in theagenda of an MPR session if it is submitted by at least 1/3 of the total MPRmembership.(2) Any proposal to amend the Articles of this Constitution shall be introduced inwriting and must clearly state the articles to be amended and the reasons for theamendment.(3) To amend the Articles of this Constitution, the session of the MPR requires atleast 2/3 of the total membership of the MPR to be present.(4) Any decision to amend the Articles of this Constitution shall be made with theagreement of at least fifty per cent plus one member of the total membership ofthe MPR.(5) Provisions relating to the form of the unitary state of the Republic of Indonesiamay not be amended.Transitional ProvisionsArticle IAll existing state institutions shall remain in place in order to implement the provisionsof this Constitution as long as new state institutions are not yet established in conformitywith this Constitution.Article IIAll existing laws and regulations shall remain in effect as long as new laws andregulations have not yet taken effect under this Constitution.Article IIIThe Constitutional Court shall be established at the latest by 17 August 2003, and theSupreme Court shall undertake its functions before it is established.Additional ProvisionsArticle IThe MPR is tasked to undertake a review of the content and the legal status of theDecrees (TAP) of the MPRS and the MPR for decision by the MPR at its session in 2003.Article IIWith the enactment of this Amendment to the Constitution, the Constitution of the Stateof the Republic of Indonesia shall consist of the Preamble and the Articles.Disclaimer : The Embassy accepts no responsibility for checking the accuracy ofinformation accessed through this site and therefore makes norepresentation concerning its completeness, truth, accuracy, or its suitabilityfor any particular purpose. Users are advised to rely on their ownindependent investigations.

download pdf UUD 1945-English version

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