Chapter III. The Executive Power
Article 4 and Article 5, section 2
'The President is the Chief Executive of the state. To enforce laws he has the power to issue government regulations (pouvoir reglementair).
Article 5, section 1
Beside the executive power, the President together with the Dewan Perwakilan Rakyat exercises the legislative power of the state.
Articles 6, 7, 8 and 9
These are self-explanatory.
Articles 10, 11, 12, 13, 14 and 15
The powers of the President referred to in these articles are the consequences of his position as the Head of State.
Chapter IV. The Supreme Advisory Council
This body is a Council of State whose duty is to give recommendations to the government. It is only an advisory body.
Chapter V. The Ministers of State
See above points VI and VII.
Chapter VI. The Regional Governments
I. Since Indonesia is a unitary state (eenheidstaat), there will be no region under its jurisdiction that constitutes another state (staat).
The Indonesian territory will be divided into provinces which, in turn will be divided into smaller (administrative) regions.
All regions with an autonomous status "streek" and "locale rechtsgemeenschappen" or which merely form an administrative unit, must respect statutory regulations.
In regions with an autonomous status, a regional legislative body will be established since in the regions too the administration must be based on the principles of deliberations.
II. In the territory of Indonesia there are approximately 250 self-governing regions (zelfbesturende landschappen) and village communities (volksgemeeschappen), such as the "desa" (village) in Java and Bali, the "nagari" in Minangkabau, the "dusun" and "marga" in Palembang and other social-adminstrative units. These regional units have their own indigenous social systems and thus may be considered as special regions.
The Republic of Indonesia respects the status of the special regions and any government regulation on these regions shall have due regard to their hereditary rights.
Chapter VII. The Dewan Perwakilan Rakyat
Articles 19, 20, 21 and 23
The Dewan has to approve all bills submitted by the government. It also has the right to initiate bills.
III. Following article 23, the Dewan has the right to control the budget (begrooting). In this way the Dewan controls the government. It has to be borne in mind that all the members of the Dewan are also members of the Majelis Permusyawaratan Rakyat.
This article concerns the emergency rights (noodverordeningsrect) of the President. It is necessary to include this provision in order that in times of emergency the government can guarantee the safety of the country by taking prompt and appropriate actions. Nevertheless, the government cannot escape the control of the Dewan. Therefore, government measures referred to in this Article must obtain the approval of the Dewan must obtain the approval of the Dewan as they have the same validity as laws.
Chapter VIII. Finance
Article 23, sections 1, 2, 3, and 4
Section 1 refers to the right of the Dewan Perwakilan Rakyat to control the budget (begrooting). The method to decide a budget is a yardstick to assess the characteristics of the government. In a fascist country the budget is exclusively determined by the government. In a democracy or a country based on the people's sovereignty, like the Republic of Indonesia, the budget is sanctioned by law, meaning with the approval of the Dewan Perwakilan Rakyat.
How the people will live as a nation and where to get the funds from, must be decided by the people themselves through their representatives in the Dewan. The people decide their own destiny and hence also their way of living.
Article 23 stresses that to decide a budget the Dewan is in a stronger position than the government. This reflects the sovereignty of the people.
Since the right of the people to decide their own destiny is involved in the process of adopting a budget, any measures which impose a burden on the people, such as taxes and the like, must be determined by law, which means that these must be approved by the Dewan.
In this connection, the authority of the Bank of Indonesia, which will issue and regulate the circulation of money, should be set out by law.
How the government spends the money that has been approved by the Dewan must conform to the decision on the budget.
To examine the accounts of the government there must a body that is free from government influence and authority. A body that is subordinate to the government will not be able to discharge such a difficult task. Nor does such a body stands above the government. Hence, its authority and duty should be determined by law.
Chapter IX. The Judicial Power
Articles 24 and 25
The judicial power is independent to such an extent that it is free from government interference. Thus, the status of judges should be guaranteed by law.
Chapter X. The Citizens
Article 26, Section 1
People of other nations, such as those of Dutch, Chinese and Arabic descents, whose domicile is Indonesia, recognize Indonesia as their home country and are loyal to the Republic of Indonesia, may become citizens.
Article 26, Section 2
Article 27, 30, 31 and, section 1
These articles concern the rights of citizens. Otherwise they are self-explanatory.
Articles 28, 29 section 2, and 34
These articles concern the status of residents. Articles which only concern citizens as well as those regarding the entire population, accommodate the aspirations of the Indonesian people to build a democratic state which will promote social justice and humanity.
Chapter XI. Religion
Article 29, section 1
This section emphasizes the belief of the Indonesian people in the One and Only God.
Chapter XII. National Defence
Chapter XIII. Education
Article 31, section 2
The national culture is the product of the mental and spiritual activities of the entire Indonesian people.
The old and indigenous cultures which were the peak of cultural life in all the regions of Indonesia, together form the national culture. Cultural activities should lead to the advancement of civilization and culture, and the strengthening of unity without rejecting new elements of foreign cultures which can develop or enrich the own national culture and raise the human dignity of the Indonesian people.
Chapter IX. Social Welfare
Article 33 embodies the principle of economic democracy which states that production is done by all for all, under the leadership of supervision of members of the community. Social prosperity is the primary goal, not individual prosperity. Hence, the economy is organized as a common endeavour based on the principles of the family system. The form of enterprise which meets those conditions is the cooperative.
The economy is based on economic democracy which envisages prosperity for everybody. Therefore, economic sectors which are essential for the country and which affect the life of the people, must be controlled by the state. Otherwise the control of production might fall in the hands of powerful individuals who could exploit the people. Hence, only enterprises which do not affect the life of the general population may be left to private individuals.
The land, the waters and the natural resources therein are basic assets for the people's prosperity and should, therefore, be controlled by the state and exploited to the greatest benefit of the people.
Chapter XV. The Flag and the Language
Regional languages which are well preserved by the people, such as the Javanese, Sundanese, Madurese and other languages, will be respected and preserved by the state. Since these languages are also part of the Indonesian culture.
Chapter XVI. Amendments to the Constitution
THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA
Department of Information
Republic of Indonesia
1. THE OPENING TO THE 1945 CONSTITUTION
Whereas Independence is the natural right of every nation, colonialism must be abolished in this world because it is not in conformity with Humanity and Justice.
And the Struggle of the movement for the independence of Indonesia has now reached the hour of rejoicing by leading the People of Indonesia safe and sound to the gateway of the Independence of an Indonesian State which is free, united, sovereign, just and prosperous.
Thanks to the blessing of God Almighty and impelled by the noble desire to lead their own free national life, the People of Indonesia hereby declare their independence.
Following this, in order to set up a government of the State of Indonesia which shall protect the whole of the Indonesian People and their entire native land of Indonesia, and in order to advance the general welfare, to develop the intellectual life of the nation and to contribute in implementing an order in the world which is based upon independence, abiding peace and social justice, the structure of Indonesia's National Independence shall be formulated in a Constitution of the Indonesian State which shall have the structural state form of a Republic of Indonesia with sovereignty of the people, and which shall be based upon: Belief in the One, Supreme God, just and civilized Humanity, the unity of Indonesia, and democracy which is guided by the inner wisdom in the unanimity arising out of deliberation amongst representatives, meanwhile creating a condition of social justice for the whole of the People of Indonesia.
2. THE 1945 CONSTITUTION
Chapter I. Form and Sovereignty.
1. The State of Indonesia shall be a unitary state which has the form of a Republic.
2. Sovereignty shall be in the hands of the People and shall be exercised in full by the Majelis Permusyawaratan Rakyat.
Chapter II. The Majelis Permusyawaratan Rakyat.
1. The Majelis Permusyawaratan Rakyat *) shall consist of members of the Dewan Perwakilan Rakyat**) augmented by delegates from the regional territories and the groups in accordance with regulation prescribed by statute.
2. The Majelis Permusyawaratan Rakyat shall sit at least once in every five years in the capital of the State.
3. All decisions of the Majelis Permusyawaratan Rakyat shall be determined by majority vote.
The Majelis Permusyawaratan Rakyat shall determine the Constitution and the guidelines of the policy of the State.
Chapter III. The Powers of Government of the State
1. The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution.
2. In exercising his duties, the President shall be assisted by a Vice-President.
1. The President shall hold the power to make statutes in agreement with the Dewan Perwakilan Rakyat.
2. The President shall determine the Government Regulations necessary to implement statutes.
1. The President shall be a native-born Indonesian.
2. The President and Vice-President shall be elected by the Majelis Permusyawaratan Rakyat by majority vote.
The President and Vice-President shall hold office for a term of five years and shall be eligible for re-election.
Should the President die, ceased from executing or be unable to execute his duties during his term of office, his office shall be taken by the Vice-President until the expiry of that term.
Before assuming the duties of office, the President and Vice-President shall take an oath according to the requirements of religion, or shall make a solemn promise, before the Majelis Permusyawaratan Rakyat, or the Dewan Perwakilan Rakyat as follows:
Oath of the President (Vice-President).
"I swear before God that, to the best of my ability, I will fulfill as justly as possible the duties of the President (Vice-President) of the Republic of Indonesia; that I will hold faithfully to the Constitution and conscientiously implement all statutes and regulations, and that I will devote myself to the service of Country and Nation".
Promise of the President (Vice-President).
"I solemnly promise that, to the best of my ability, I will fulfill as justly as possible the duties of the President (Vice-President) of the Republic of Indonesia; that I will hold faithfully to the Constitution and conscientiously implement all statutes and regulations, and that I will devote myself to the service of Country and Nation".
The President shall hold the highest authority over the Army, the Navy and the Air Force.
The President, with the agreement of the Dewan Perwakilan Rakyat, declares war, makes peace and concludes treaties with other states.
The President declares the state of emergency. The conditions governing, and the consequences of, the state of emergency shall be prescribed by statute.
1. The President appoints diplomatic representatives and consuls.
2. The President receives the diplomatic representatives of other states.
The President grants grace, amnesty, abolition and restoration of rights.
The President grants titles, decorations and other marks of honour.
Chapter IV. The Supreme Advisory Council
1. The structure of the Supreme Advisory Council shall be prescribed by statute.
2. This Council shall submit replies to issues raised by the President and shall have the right to submit proposals to the Government.
Chapter V. The Ministers of State
1. The President shall be assisted by the Ministers of State.
2. These Ministers shall be appointed and dismissed by the President.
3. These Minister shall lead the Government Departments.
Chapter VI. Local Government
The division of the area of Indonesia into large and small regional territories together with the structure of their administration, shall be prescribed by statute, with regard for and in observance of the principle of deliberation in the governmental system of the State, and the traditional rights in the regional territories which have a special character.
Chapter VII. The Dewan Perwakilan Rakyat (The Legislative Body)
1. The structure of the Dewan Perwakilan Rakyat shall be prescribed by statute.
2. Dean Perwakilan Rakyat shall sit at least once a year.
1. Every statute shall require the agreement of the Dewan Perwakilan Rakyat.
2. Should a draft law not obtain the agreement of the Dewan Perwakilan Rakyat, the draft may not be submitted again during the same session of the Dewan Perwakilan Rakyat.
1. Members of the Dewan Perwakilan Rakyat shall have the right to submit draft laws.
2. Should those drafts, although agreed to by the Dewan Perwakilan Rakyat, not be ratified by the President, those drafts may not be submitted again during the same session of the Dewan Perwakilan Rakyat.
1. Should exigency compel, the President shall have the right to determine Government Regulations in lieu of statutes.
2. Those Government Regulations must obtain the agreement of the Dewan Perwakilan Rakyat in its next session.
3. Should that agreement not be obtained, the Government Regulation shall be revoked.
Chapter VIII. Finance
1. The estimates of revenue and expenditure shall be fixed each year by statute. Should the Dewan Perwakilan Rakyat not agree to the estimates proposed by the Government, the Government shall work to the estimates of the previous year.
2. All kinds of taxes for the needs of the State shall be based upon statutes.
3. All kinds and values of the currency shall be prescribed by statute.
4. Further matters of the finances of the State shall be regulated by statute.
5. In order to investigate the accountability for state Finances, a Body for the investigation of finances shall be set up, the regulation for which shall be prescribed by statute.
The results of that investigation shall be made known to the Dewan Perwakilan Rakyat.
Chapter IX. The Judicial Powers
1. The judicial powers shall be exercised by a Supreme Court and other courts of law in accordance with statute.
2. The structure and powers of those courts of law shall be regulated by statute.
The conditions for becoming a judge and for being dismissed shall be prescribed by statute.
Chapter X. Citizens
1. Citizens shall be persons who are native-born Indonesians and persons of other nationality who are legalized by statute as being citizens.
2. Conditions with regard to citizenship shall be prescribed by statute.
1. Without any exception, all citizens shall have equal positions in Law and Government and shall be obliged to uphold that Law and Government.
2. Every citizen shall have the right to work and to a living, befitting for human beings.
Freedom of association and assembly, of expressing thoughts and of issuing writing and the like, shall be prescribed by statute.
Chapter XI. Religion
1. The State shall be based upon Belief in the One, Supreme God.
2. The State shall guarantee freedom to every resident to adhere to his respective religion and to perform his religious duties in conformity with that religion and that faith.
Chapter XII. Defence
1. Every citizen shall have the right and the duty to participate in the defence of the State.
2. Conditions concerning defence shall be regulated by statute.
Chapter XIII. Education
1. Every citizen shall have the right to obtain an education.
2. The Government shall establish and conduct a national educational system which shall be regulated by statute.
The Government shall advance the national culture of Indonesia.
Chapter XIV. Social Well-Being
1. The economy shall be organized as a common endeavour based upon the principle of the family system.
2. Branches of production which are important for the State and which affect the life of most people shall be controlled by the State.
3. Land and water and the natural riches contained therein shall be controlled by the State and shall be made use of for the people.
The poor and destitute children shall be cared for by the State
Chapter XV. Flag and Language
The Flag of the Indonesian State shall be the Honoured Red-and-White.
The Language of the State shall be the Indonesian Language.
Chapter XVI. Alterations to the Constitution
1. In order to alter the Constitution, at least two-thirds of the total members of the Majelis Permusyawaratan Rakyat must be in attendance.
2. A decision shall be taken with the agreement of at least two-thirds of the total number of members who are in attendance.
3. TRANSITIONAL PROVISIONS
The Preparatory Committee for Indonesia's Independence shall regulate and execute the transfer of government to the Indonesian Government.
All existing institutions and regulations of the State shall continue to function so long as new ones have not been set up in conformity with this Constitution.
The President and Vice-President shall be elected for the first by the Preparatory Committee for Indonesia's Independence.
Before the Majelis Permusyarwaratan Rakyat, the Dewan Perwakilan Rakyat and the Supreme Advisory Council have been set up in conformity with this Constitution, all their powers shall be exercised by the President with the assistance of a National Committee.
4. ADDITIONAL PROVISIONS
1. Within six months after the end of the Greater East Asia War, the President of Indonesia shall regulate and implement all things which are stipulated in this Constitution.
1. Within six months after the Majelis Permusyawaratan Rakyat has been set up, the Majelis shall sit in order to determine the Constitution.
5. ELUCIDATION OF THE CONSTITUTION
I. The written Constitution, a part of Fundamental Law.
The written Constitution of a state is only a part of the Law which is the basis of the state. The Constitution is that part of the Fundamental Law which is written down, while besides that Constitution there also prevails a Fundamental Law which is not written down, namely, the basic rules which arise and are maintained in the practice of running a state, although they are not written down.
Certainly, in order to study the Fundamental Law (Droit Constitutionnel) of a state, it is not enough only to study the articles of its written Constitution (Loi Constitutionnel) alone, but one must also study how it is applied and what is the spiritual background (Geistlichen Hintergrund) of that written Constitution.
The Constitution of any state whatsoever can not be understood if merely its text is read alone. Truly, to understand the meaning of the Constitution of a state, we must also study how that text came into being, we must know the explanations made of it and we must also know under what conditions that text was made.
In this way we shall be able to understand what is the meaning and purpose of the Constitution we are studying, and what current of thought it was which became the foundation of that Constitution.
II. Fundamental ideals in the "Opening" (Preamble).
What are the fundamentals contained in the Preamble to the Constitution?
1. The State--so the text runs-- is what "shall protect the whole of the Indonesian People and their entire native land of Indonesia...based upon...unity...meanwhile creating a condition of social justice for the whole of the People of Indonesia".
2. In this Preamble, the current of thought is accepted of the unitary state, the state which protects and covers the whole of the people. Thus the state encompasses every kind of group opinion, encompasses all opinions of individuals. The state, in accordance with the concept of this Preamble, seeks unity, and extends over the whole of the Indonesian People. This is one foundation of the state which may not be forgotten.
3. The third fundamental idea contained in the Preamble is that of sovereignty of the people, based upon democracy and deliberation amongst representatives. Therefore, the system of state which is given form in the Constitution must be based upon sovereignty of the people and must be based upon deliberation amongst representatives. Indeed, this current of thought accords with the character of the Indonesian society.
4. The fourth fundamental idea contained in the Preamble is that the state is based upon that Belief in the One, Supreme God which conforms with the principles of just and civilised humanity.
Therefore, the Constitution must oblige the Government and other authorities of state to nurture the nobility of human character and to hold fast to the fine moral ideals of the people.