The 1945 State Constitution of the Republic of Indonesia ( id, Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, commonly abbreviated as ''UUD 1945'' or ''UUD '45'') is the supreme law and basis for all laws of

Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...

. The constitution was written in June, July, and August 1945, in the final months of the

Japanese occupation of the Dutch East Indies The Empire of Japan occupied the Dutch East Indies (now Indonesia) during World War II from March 1942 until after the end of the war in September 1945. It was one of the most crucial and important periods in modern Indonesian history. In May ...

at the end of

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

. It was abrogated by the

Federal Constitution of 1949 The 1949 Federal Constitution of the United States of Indonesia ( id, Konstitusi Republik Indonesia Serikat) replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the ...

and the

Provisional Constitution of 1950 The Provisional Constitution of 1950 ( id, Undang-Undang Dasar Sementara Republik Indonesia 1950, ''UUDS 1950'') replaced the Federal Constitution of 1949 when Indonesia unilaterally withdrew from the union with the Netherlands agreed at the ...

, but restored by

President Sukarno's 1959 Decree The Presidential Decree of July 5, 1959 (legally the Decree of the President of the Republic of Indonesia Number 150 of 1959 on the Return to the Constitution of 1945, id, Keputusan Presiden Republik Indonesia Nomor 150 Tahun 1959 Tentang Kembal ...

. The 1945 Constitution sets forth the Pancasila, the five nationalist principles, as the embodiment of basic principles of an independent Indonesian state. It provides for a limited separation of executive, legislative, and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics."King (2007) Following major upheavals in 1998 and the resignation of President Suharto, several political reforms were set in motion, via amendments to the Constitution, which resulted in changes to all branches of government as well as additional human rights provisions.

History

The writing

The

Japanese Japanese may refer to: * Something from or related to Japan, an island country in East Asia * Japanese language, spoken mainly in Japan * Japanese people, the ethnic group that identifies with Japan through ancestry or culture ** Japanese diaspor ...

invaded the

Dutch East Indies The Dutch East Indies, also known as the Netherlands East Indies ( nl, Nederlands(ch)-Indië; ), was a Dutch colony consisting of what is now Indonesia. It was formed from the nationalised trading posts of the Dutch East India Company, which ...

in 1942, defeated the

Dutch colonial Dutch Colonial is a style of domestic architecture, primarily characterized by gambrel roofs having curved eaves along the length of the house. Modern versions built in the early 20th century are more accurately referred to as "Dutch Colonial Re ...

regime, and occupied it for the duration of

. The territory then fell under the jurisdiction of the Japanese

Southern Expeditionary Army Group ''Nanpō gun'' , image = 1938 terauchi hisaichi.jpg , image_size = 200px , caption = Japanese General Count Terauchi Hisaichi, right, commanding officer of the Southern Expedition ...

(''Nanpo Gun''), based in

Saigon , population_density_km2 = 4,292 , population_density_metro_km2 = 697.2 , population_demonym = Saigonese , blank_name = GRP (Nominal) , blank_info = 2019 , blank1_name = – Total , blank1_ ...

Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...

. The Japanese divided the territory into three military government regions, based on the largest islands: Sumatra was under the Japanese 25th Army, Java under the Japanese 16th Army and East Indonesia (the eastern islands), including part of Borneo (Sarawak and Sabah were under the Japanese 38th Army) was under the

Imperial Japanese Navy The Imperial Japanese Navy (IJN; Kyūjitai: Shinjitai: ' 'Navy of the Greater Japanese Empire', or ''Nippon Kaigun'', 'Japanese Navy') was the navy of the Empire of Japan from 1868 to 1945, when it was dissolved following Japan's surrender ...

. As the Japanese military position became increasingly untenable, especially after their defeat at the

Battle of Leyte Gulf The Battle of Leyte Gulf ( fil, Labanan sa golpo ng Leyte, lit=Battle of Leyte gulf; ) was the largest naval battle of World War II and by some criteria the largest naval battle in history, with over 200,000 naval personnel involved. It was fou ...

in October 1944, more and more native Indonesians were appointed to official positions in the occupation administration. On 1 March 1945, the 16th Army established the

Investigating Committee for Preparatory Work for Independence The Investigating Committee for Preparatory Work for Independence ( id, Badan Penyelidik Usaha-usaha Persiapan Kemerdekaan, BPUPK; ja, 独立準備調査会, Hepburn: , Nihon-shiki / Kunrei-shiki: ), sometimes referred to as the Investigating Co ...

( id, Badan Penyelidik Usaha Persiapan Kemerdekaan (BPUPK)), for Java. The 25th Army later established a BPUPK for Sumatra.Kusuma (2004) No such organisation existed for the remainder of the East Indies. The BPUPK in Java, when established, consisted of 62 members, but there were 68 in the second session. It was chaired by Dr Radjiman Wedyodiningrat (1879–1951). The future president

Sukarno Sukarno). (; born Koesno Sosrodihardjo, ; 6 June 1901 – 21 June 1970) was an Indonesian statesman, orator, revolutionary, and nationalist who was the first president of Indonesia, serving from 1945 to 1967. Sukarno was the leader of ...

and vice-president

Mohammad Hatta Mohammad Hatta (; 12 August 1902 – 14 March 1980) was an Indonesian statesman and nationalist who served as the country's first vice president. Known as "The Proclamator", he and a number of Indonesians, including the first president of Indone ...

were among its members. It met in the building that had been used by the Dutch colonial quasi-parliament, the

Volksraad The Volksraad was a people's assembly or legislature in Dutch or Afrikaans speaking government. Assembly South Africa *Volksraad (South African Republic) (1840–1902) *Volksraad (Natalia Republic), a similar assembly that existed in the Natalia Re ...

("People's Council") in central

Jakarta Jakarta (; , bew, Jakarte), officially the Special Capital Region of Jakarta ( id, Daerah Khusus Ibukota Jakarta) is the capital and largest city of Indonesia. Lying on the northwest coast of Java, the world's most populous island, Jakarta ...

. It held two sessions, 29 May – 1 June and 10–17 July 1945. The first session discussed general matters, including the philosophy of the state for future independent Indonesia, '' Pancasila'', which future president Sukarno outlined in a speech on 1 June. During the recess between the two BPUPK sessions, a Committee of Nine (''Panitia Sembilan'') comprising Sukarno, Hatta, Yamin, Maramis, Soebardjo,

Wahid Hasjim Abdul Wahid Hasyim (June 1, 1914 – April 19, 1953) was the first Minister of Religious Affairs in the government of President Sukarno of Indonesia, a post he held in 1945, and from 1949 to 1952. He was the son of Nahdlatul Ulama founder Has ...

, Muzakkir, Agus Salim and Abikoesno reformulated Sukarno's Pancasila in to a preamble for the future constitution. This later became known as the

Jakarta Charter The Jakarta Charter ( id, Piagam Jakarta) was a document drawn up by members of the Indonesian Investigating Committee for Preparatory Work for Independence (BPUPK) on 22 June 1945 in Jakarta that later formed the basis of the preamble to the Co ...

. This was something of a compromise, and included an obligation for

Muslims Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...

to follow

Sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

(Islamic law). In the second session, which opened on 10 July, a committee of 19 people produced a provisional constitution. They were: *Sukarno *Maramis *Puruboyo *

Oto Iskandar di Nata Oto Iskandar di Nata ( Sundanese: , also spelled Otto Iskandardinata, called Otista and nicknamed Si Jalak Harupat; born 31 March 1897 – disappeared 19 December 1945, retrospectively declared dead 20 December 1945) was an Indonesian politician ...

*Agus Salim *

Achmad Soebardjo Achmad Soebardjo Djojoadisoerjo (23 March 1896 – 15 December 1978) was a diplomat, one of Indonesia's founding fathers, and an Indonesian national hero. He was the first Foreign Minister of Indonesia. In 1933, he received the degree '' Meeste ...

*Soepomo * Maria Ulfah Santoso *Wahid Hasjim * Parada Harahap *

Johannes Latuharhary Johannes Latuharhary (6 July 1900 – 8 November 1959) was an Indonesian politician and nationalist of Moluccan descent, who served as the first Indonesian governor of Maluku from 1945 until 1955, though he did not assume office in Maluku unt ...

Susanto Tirtoprodjo Susanto Tirtoprodjo (3 March 1900 – 16 November 1969) was the acting Prime Minister of the Republic of Indonesia (part of the United States of Indonesia from 20 December 1949 to 16 January 1950. He was also a member of the Investigating Comm ...

Sartono Sartono (5 August 1900 – 15 October 1968) was an Indonesian politician and lawyer who served as the first speaker of the People's Representative Council (DPR) from 1950 until 1960. Born to a noble ethnic- Javanese family, Sartono studied ...

Wongsonegoro Kanjeng Raden Mas Tumenggung Wongsonegoro (20 April 1895 – 4 March 1974), more commonly known simply as Wongsonegoro, was an Indonesian politician, who served as the Deputy Prime Minister of Indonesia, alongside Zainul Arifin under Prime Min ...

*Wuryaningrat *Singgih * Tan Eng Hoa *Jayadiningrat *

Soekiman Wirjosandjojo Soekiman Wirjosandjojo ( EYD: Sukiman Wiryosanjoyo; 19June 1898 – 23July 1974) was an Indonesian politician and physician who served as prime minister of Indonesia from 1951 until 1952. A member of the Masyumi Party, he also served as the pa ...

The draft constitution comprised 37 articles, 4 transitory provisions and 2 additional provisions. The nation would be a

unitary state A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...

and a

republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...

. On 26 July 1945, the Allies called for the unconditional surrender of Japan in the

Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, Uni ...

. The Japanese authorities, realising they would probably lose the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else. On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the ''Nanpo Gun'' headquarters announced that an Indonesian leader could enact a body called the

Preparatory Committee for Indonesian Independence The Preparatory Committee for Indonesian Independence ( id, Panitia Persiapan Kemerdekaan Indonesia), PPKI, ja, 独立準備委員会, Dokuritsu Junbi Iinkai, lead=yes) was a body established on 7 August 1945 to prepare for the transfer of auth ...

(PPKI). The dropping of a second atomic bomb on Nagasaki, and the

Soviet invasion of Manchuria The Soviet invasion of Manchuria, formally known as the Manchurian strategic offensive operation (russian: Манчжурская стратегическая наступательная операция, Manchzhurskaya Strategicheskaya Nastu ...

on 9 August prompted the Japanese to surrender unconditionally on 15 August 1945. Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day. In the meeting chaired by Sukarno, the 27 members, including Hatta,

Soepomo Soepomo (EYD: Supomo; 22 January 1903 – 12 September 1958) was an Indonesian politician and lawyer who served as the country's first Minister of Justice from August until November 1945 and again from December 1949 until 6 September 1950. K ...

, Wachid Hasjim,

Sam Ratulangi Dr. Gerungan Saul Samuel Jacob Ratulangi (also written as ''Ratu Langie''; 5 November 1890 – 30 June 1949) was a Minahasan teacher, journalist, politician, and national hero from North Sulawesi, Indonesia. He was part of the committee that rat ...

and Subardjo, began to discuss the proposed constitution article by article. The Committee made some fundamental changes, including the removal of 7 words from the text of Jakarta Charter which stated the obligation for

to follow Sharia. The new charter then became the preambule of the constitution, and the clause stating that the president must be a Muslim was removed. The historical compromise was made possible in part by the influence of Mohamad Hatta and Tengku Mohamad Hasan. The Committee then officially adopted the Constitution. On 29 August, Sukarno dissolved the Preparatory Committee for Indonesian Independence and established the

Central Indonesian National Committee The Central Indonesian National Committee, ( id, Komite Nasional Indonesia Pusat) or KNIP, was a body appointed to assist the president of the newly independent Indonesia. Originally purely advisory, it later gained assumed legislative functions. ...

(KNIP). Sukarno and Hatta appointed 135 members, including the membership of the PPKI to this new body. It included people representing areas outside Java,

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...

, women and young people.

Other constitutions

Following the transfer of sovereignty to the

United States of Indonesia The United States of Indonesia ( nl, Verenigde Staten van Indonesië, id, Republik Indonesia Serikat, abbreviated as RIS), was a short-lived federal state to which the Netherlands formally transferred sovereignty of the Dutch East Indies (except ...

(RIS), in December 1949, the state adopted a

bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...

system. The KNIP met for the last time on 15 December 1949 to agree to the Republic of Indonesia joining the

(RIS). However, this state was short lived and when Indonesia became a unitary state in August 1950, the Working Committee of the KNIP became part of the

People's Representative Council The People's Representative Council of the Republic of Indonesia ( id, Dewan Perwakilan Rakyat Republik Indonesia, DPR-RI), also known as the House of Representatives, is one of two elected chambers of the People's Consultative Assembly (MPR), ...

and Constitution 1945 (usually referred to by the Indonesian acronym "UUD'45") remained in force until it was replaced by the Federal Constitution on 27 December 1949. This was in turn replaced by the

Provisional Constitution A provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. The following countries currently have,had in the past,such a c ...

on 17 August 1950 which in the end turned back into the unitary state of the republic of Indonesia. In 1955 elections were held for the

(DPR) as well as for a

Constitutional Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the role of

in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the military, who saw a much greater constitutional role for themselves, began to push for a return to the 1945 Constitution. This was put to the vote on 30 May 1958 and 2 June 1959, but the motion failed to gain the required two-thirds majority. Finally, on 5 July 1959 President Sukarno issued a

decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...

dissolving the assembly and returning to the 1945 Constitution.

Constitutional amendments

Suharto Suharto (; ; 8 June 1921 – 27 January 2008) was an Indonesian army officer and politician, who served as the second and the longest serving president of Indonesia. Widely regarded as a military dictator by international observers, Suharto ...

, who officially became president in 1968, refused to countenance any changes to the Constitution despite the fact that even Sukarno had viewed it as a provisional document.Adnan Buyung Nasution (2001) In 1983, the

People's Consultative Assembly The People's Consultative Assembly of the Republic of Indonesia ( id, Majelis Permusyawaratan Rakyat Republik Indonesia, MPR-RI) is the legislative branch in Politics of Indonesia, Indonesia's political system. It is composed of the membe ...

(MPR) passed a decree stipulating the need for a nationwide referendum to be held before any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a 90% turnout and for any changes to be approved by a 90% vote. Then in 1997, the activist Sri Bintang Pamungkas and two colleagues were arrested and jailed for publishing a proposed modified version of the 1945 Constitution.Sri Bintang Pamungkas (1999) With the fall of Suharto and the New Order regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the MPR in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 73, of which only 11% remain unchanged from the original constitution.Denny Indrayana (2008), p331 The most important of the changes were:Denny Indrayana (2008), pp. 360-381 * Limiting presidents to two terms of office * Establishing a Regional Representative Council (DPD), which together with the DPR makes up an entirely elected MPR. * Purifying and empowering presidential system of government, instead of a semi presidential one. * Stipulating democratic, direct elections for the president, instead of the president being elected by the MPR * Reorganizing the mechanism of horizontal relation among state organs, instead of giving the highest constitutional position to the People's Assembly. * Abolishing the Supreme Advisory Council * Mandating direct, general, free, secret, honest, and fair elections for the House of Representatives and regional legislatures * Establishing a Constitutional Court for guarding and defending the constitutional system as set forth in the constitution. * Establishing a Judicial Commission * The addition of ten entirely new articles concerning human rights. Among the above changes, the establishment of Constitutional Court is regarded as a successful innovation in Indonesia constitutional system. The court was established in 2003 by 9 justices head by Professor

Jimly Asshiddiqie Jimly Asshiddiqie (born 17 April 1956) is an Indonesian academic who served as the first chief justice of Indonesia's Constitutional Court from 2003 to 2008. Education and academic career Jimly graduated from high school in Palembang in 1973. ...

,a prominent scholar from the University of Indonesia. There are five jurisdictions of the court, i.e. (i) constitutional review of law, (ii) disputes of constitutional jurisdiction between state institutions, (iii) disputes on electoral results, (iv) dissolution of political parties, and (v) impeachment of the president/vice-president. The other icon of success in Indonesian reform is the establishment of the

Corruption Eradication Commission Corruption Eradication Commission ( id, Komisi Pemberantasan Korupsi), abbreviated as KPK, is an Indonesian government agency established to prevent and fight corruption in the country. Firli Bahuri, an active police general, is the current ch ...

which independently fights against corruption and grafts. Corruption in Indonesia is regarded an extraordinary crime.

Legal standing

The 1945 Constitution has the highest legal authority in the country's system of government. The executive, legislative and judicial branches of government must defer to it. The Constitution was originally officially enacted on 18 August 1945. The attached Elucidation, drawn up by Prof. Raden

(1903–1958), Indonesia's first justice minister, was officially declared to be a part of the Constitution on 5 July 1959. The Preamble, the body of the Constitution and the Elucidation were all reaffirmed as inseparable parts of the Constitution in 1959, and then again in Provisional MPR Decree No. XX/MPRS/1966.Dahlan Thaib (1999) However, since the amendments, the Elucidation has not been updated, and still refers to the original document, including parts that have been removed, such as Chapter IV. During the sessions in the People's Assembly, all the ideas setforth in the Elucidation was transformed become articles in the new amendments.Jimly Asshiddiqie(2009) Then, final article of the amended Constitution states that the Constitution consists of the Preamble and the articles.Denny Indrayana (2008), pp. 312-313

Preamble

The preamble to the 1945 Constitution of Indonesia contains the Pancasila state philosophy.

THE PREAMBLE OF THE 1945 CONSTITUTION
Whereas Independence is the inalienable right of all nations; therefore, colonialism must be abolished in the 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 is independent, united, sovereign, just and prosperous; By the blessings of Almighty God 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 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 nation and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice, therefore the independence of Indonesia is formulated into a constitution of the Republic of Indonesia which is 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.

The Constitution

Chapter I: Form of state and sovereignty

States that Indonesia is a unitary

based on law with sovereignty in the hands of the people and exercised through laws.

Chapter II: People's Consultative Assembly

States that the

is made up of the members of the

and the

Regional Representatives Council The Regional Representative Council ( id, Dewan Perwakilan Daerah, DPD; alternatively translatable as the House of Regions or the House of Regional Representatives or the Senate of Indonesia), is one of two parliamentary chambers in Indonesi ...

, all of the members of both bodies being directly elected. The People's Consultative Assembly changes and passes laws, appoints the president, and can only dismiss the president or vice-president during their terms of office according to law.

Chapter III: Executive power

Outlines the powers of the

president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

. States the requirements for the president and

vice-president A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...

. Limits the president and vice-president to two terms of office and states that they be elected in a general election. Specifies the impeachment procedure. Includes the wording of the presidential and vice-presidential oath and promise of office.

Chapter IV: Supreme advisory council

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

Chapter V: State ministries

Four short articles giving the

cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...

a constitutional basis. The president appoints ministers.

Chapter VI: Local governments

Explains how Indonesia is divided into

provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...

, regencies and cities, each with its own administration chosen by general election. The leaders of these administrations are "chosen democratically". Autonomy is applied as widely as possible. The state recognises the special nature of certain regions.

Chapter VII: House of Representatives

Its members are elected by general election. It has the right to pass laws, and has legislative, budgeting and oversight functions. It has the right to request government statements and to put forward opinions.

Chapter VII-A: The Regional Representatives Council

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

Chapter VII-B: General elections

General elections to elect the members of the People's Representative Council, the Regional Representatives Council, the president and vice-president and the regional legislatures are free, secret, honest and fair and are held every five years. Candidates for the People's Representative Council and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.

Chapter VIII: Financial matters

States that the president puts forward the annual state budget for consideration by the People's Representative Council.

Chapter VIII-A: Audit Board

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

Chapter IX: Judicial powers

Affirms the independence of the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. Explains the role and position of the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

as well as the role of the Judicial Commission. Also states the role of the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...

Chapter IX-A: State territory

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

Chapter X: Citizens and residents

Defines

citizens Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...

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

Chapter X-A: Human rights

Details the

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

guaranteed to all, including: * the right of children to grow up free of violence and discrimination * the right of all to

legal certainty Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. The legal system needs to permit those subject to the law to regulate their condu ...

* the right to religious freedom * the right to choose education, work and citizenship as well as the right to choose where to live * the right of assembly, association and expression of opinion * the right to be free from torture It also states that the rights not to be tortured, to have freedom of thought and conscience, of religion, to not be enslaved, to be recognised as an individual before the law and to not be charged under retroactive legislation cannot be revoked under any circumstances. Furthermore, every person has the right to freedom from discrimination on any grounds whatsoever. Finally, every person is obliged to respect the rights of others.

Chapter XI: Religion

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

Chapter XII: State defence and security

States that all citizens have an obligation and right to participate in the defence of the nation. Outlines the structure and roles of the armed forces and the police.

Chapter XIII: Education and culture

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

Chapter XIV: National economy and social welfare

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

Chapter XV: National flag, language, emblem, and anthem

Specifies the

flag A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design empl ...

official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...

coat of arms A coat of arms is a heraldry, heraldic communication design, visual design on an escutcheon (heraldry), escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central ele ...

, and

national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European n ...

of Indonesia.

Chapter XVI: Constitutional amendment

Lays down the procedures for proposing changes and amending the Constitution. Two-thirds of the members of the People's Consultative Assembly must be present: any proposed amendment requires a simple majority of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed.

Transitional provisions

States that laws and bodies continue to exist until new ones are specified in this constitution. Calls for the establishment of a Constitutional court before 17 August 2003.

Additional provisions

Tasks the People's Consultative Assembly with re-examining decrees passed by it and its predecessors for their validity to be determined in the 2003 general session.

Notes

References

* Adnan Buyung Nasution (2001) ''The Transition to Democracy: Lessons from the Tragedy of Konstituante in Crafting Indonesian Democracy'', Mizan Media Utama, Jakarta, * * Dahlan Thaib, Dr. H, (1999), ''Teori Hukum dan Konstitusi'' (''Legal and Constitutional Theory''), Rajawali Press, Jakarta, * Denny Indrayana (2008) ''Indonesian Constitutional Reform 1999-2002: An Evaluation of Constitution-Making in Transition'', Kompas Book Publishing, Jakarta . * * Jimly Asshiddiqie (2005), Konstitusi dan Konstitutionalisme Indonesia (Indonesia Constitution and Constitutionalism), MKRI, Jakarta. * Jimly Asshiddiqie (1994), Gagasan Kedaulatan Rakyat dalam Konstitusi dan Pelaksanaannya di Indonesia (The Idea of People's Sovereignty in the Constitution), Ichtiar Baru - van Hoeve, Jakarta, . * Jimly Asshiddiqie (2009), ''The Constitutional Law of Indonesia'', Maxwell Asia, Singapore. * Jimly Asshiddiqie (2005), ''Hukum Tata Negara dan Pilar-Pilar Demokrasi (Constitutional Law and the Pillars of Democracy''), Konpres, Jakarta, . * * * * Nadirsyah Hosen, (2007) ''Shari'a and Constitutional Reform in Indonesia'', ISEAS, Singapore * Saafroedin Bahar,Ananda B.Kusuma,Nannie Hudawati, eds, (1995) ''Risalah Sidang Badan Penyelidik Usahah Persiapan Kemerdekaan Indonesian (BPUPKI) Panitia Persiapan Kemerdekaan Indonesia (PPKI) (Minutes of the Meetings of the Agency for Investigating Efforts for the Preparation of Indonesian Independence and the Preparatory Committee for Indonesian Independence)'', Sekretariat Negara Republik Indonesia, Jakarta * * Sri Bintang Pamungkas (1999), ''Konstitusi Kita dan Rancangan UUD-1945 Yang Disempurnakan'' (''Our Constitution and a Proposal for an Improved Version of the 1945 Constitution''), Partai Uni Demokrasi, Jakarta, No ISBN {{DEFAULTSORT:Constitution of Indonesia Politics of Indonesia *

Sukarno 1945 documents