Seven Pillars of the Constitution Judicial Review Clauses
| 1945 State Constitution of the Commonwealth of Indonesia | |
|---|---|
 A 1946 print edition of the constitution, published by Indonesian National Committee in Probolinggo | |
| Overview | |
| Original title | Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 |
| Jurisdiction |  Indonesia |
| Created | ane June–18 August 1945 |
| Presented | xviii August 1945 |
| Ratified | 18 Baronial 1945 |
| Date constructive | 18 Baronial 1945 |
| System | Unitary Republic |
| Government structure | |
| Branches | 3 |
| Head of state | President |
| Chambers | MPR, consisting of DPR and DPD |
| Executive | Chiffonier led past the President |
| Judiciary | MA, MK, and KY |
| Federalism | Unitary |
| Electoral higher | No |
| Entrenchments | one |
| History | |
| First legislature | 29 August 1945 |
| Start executive | xviii August 1945 |
| First court | 18 August 1945 |
| Amendments | 4 |
| Last amended | eleven August 2002 |
| Location | National Archives of Republic of indonesia, Dki jakarta |
| Commissioned past | PPKI |
| Author(s) | BPUPKI |
| Media type | Printed text document |
| Total text | |
 Constitution of the Republic of Indonesia at Wikisource | |
The 1945 State Constitution of the Democracy of Republic of indonesia (Indonesian: Undang-Undang Dasar Negara Republik Republic of indonesia Tahun 1945, normally abbreviated every bit UUD 1945 or UUD '45) is the basis for all laws of Indonesia.
The constitution was written in June, July, and August 1945, when Indonesia was emerging from Japanese control at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, merely restored on 5 July 1959.
The 1945 Constitution so set up forth the Pancasila, the five nationalist principles, as the embodiment of bones principles of an independent Indonesian country. It provides for a limited separation of executive, legislative, and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics."[1] Following major upheavals in 1998 and the resignation of President Suharto, several political reforms were set in movement, via amendments to the Constitution, which resulted in changes to all branches of government as well every bit boosted human rights provisions.
History [edit]
The writing [edit]
The Japanese invaded the Dutch East Indies in 1942, defeated the Dutch colonial regime, and occupied it for the duration of World War II. The territory then savage under the jurisdiction of the Japanese Southern Expeditionary Regular army Group (Nanpo Gun), based in Saigon, Vietnam. The Japanese divided the territory into three military government regions, based on the largest islands: Sumatra was under the Japanese 25th Regular army, Java under the Japanese 16th Regular 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. Equally the Japanese war machine position became increasingly untenable, particularly subsequently their defeat at the Battle of Leyte Gulf 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 Piece of work for Independence (Indonesian: Badan Penyelidik Usaha Persiapan Kemerdekaan (BPUPK)), for Java. The 25th Army later established a BPUPK for Sumatra.[2] No such organisation existed for the residual of the E Indies.[3]
The BPUPK in Coffee, when established, consisted of 62 members, merely there were 68 in the 2d session. It was chaired by Dr Radjiman Wedyodiningrat (1879–1951). The future president Sukarno and vice-president Mohammad Hatta were among its members. It met in the building that had been used by the Dutch colonial quasi-parliament, the Volksraad ("People'due south Council") in primal Dki jakarta. Information technology held two sessions, 29 May – i June and 10–17 July 1945. The offset session discussed general matters, including the philosophy of the state for future independent Indonesia, Pancasila, which time to come president Sukarno outlined in a speech on i June.[iv]
During the recess between the 2 BPUPK sessions, a Commission of Nine (Panitia Sembilan) comprising Sukarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim, Muzakkir, Agus Salim and Abikoesno reformulated Sukarno'south Pancasila in to a preamble for the futurity constitution. This later on became known every bit the Dki jakarta Charter.[2] This was something of a compromise, and included an obligation for Muslims to follow Sharia (Islamic law). In the second session, which opened on 10 July, a committee of 19 people produced a conditional constitution. They were:[5]
- Sukarno
- Maramis
- Puruboyo
- Oto Iskandar di Nata
- Agus Salim
- Achmad Soebardjo
- Soepomo
- Maria Ulfah Santoso
- Wahid Hasjim
- Parada Harahap
- Johannes Latuharhary
- Susanto Tirtoprodjo
- Sartono
- Wongsonegoro
- Wuryaningrat
- Singgih
- Tan Eng Hoa
- Jayadiningrat
- Soekiman Wirjosandjojo
The typhoon constitution comprised 37 manufactures, iv transitory provisions and 2 boosted provisions. The nation would be a unitary country and a commonwealth.[2] [6]
A 1946 impress edition of the constitution
On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration. 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.[vii] On 6 August, an diminutive bomb was dropped on Hiroshima. On 7 August, the Nanpo Gun headquarters announced that an Indonesian leader could enact a torso called the Preparatory Committee for Indonesian Independence (PPKI). The dropping of a second diminutive bomb on Nagasaki, and the Soviet invasion of Manchuria on ix August prompted the Japanese to surrender unconditionally on 15 Baronial 1945. Sukarno and Hatta alleged independence on 17 August 1945, and the PPKI met the following day.[2] [eight]
In the meeting chaired by Sukarno, the 27 members, including Hatta, Soepomo, Wachid Hasjim, Sam Ratulangi and Subardjo, began to discuss the proposed constitution commodity past article. The Committee made some fundamental changes, including the removal of 7 words from the text of Djakarta Charter which stated the obligation for Muslims 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 and then officially adopted the Constitution.[2] [9]
Other constitutions [edit]
The 1945 Constitution (usually referred to by the Indonesian acronym "UUD'45") remained in forcefulness until it was replaced by the Federal Constitution on 27 December 1949. This was in turn replaced by the Provisional Constitution on 17 August 1950. In 1955 elections were held for the People's Representative Council (DPR) equally well every bit for a Constitutional Assembly to describe upwardly a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the function of Islam in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the armed forces, 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 ii June 1959, merely the movement failed to proceeds the required two-thirds majority. Finally, on five July 1959 President Sukarno issued a decree dissolving the assembly and returning to the 1945 Constitution.[x]
Ramble amendments [edit]
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 certificate.[11] In 1983, the People's Consultative Assembly (MPR) passed a decree stipulating the need for a nationwide referendum to be held earlier any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a ninety% turnout and for any changes to be approved by a ninety% vote. And 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.[12]
With the fall of Suharto and the New Guild regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to improve the Constitution to arrive more autonomous. This was washed in four stages at sessions of the MPR in 1999, 2000, 2001 and 2002. Equally a result, the original Constitution has grown from 37 articles to 73, of which only 11% remain unchanged from the original constitution.[13]
The almost important of the changes were:[14] [15]
- 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 ramble position to the People's Assembly.
- Abolishing the Supreme Advisory Council[16]
- Mandating direct, general, gratuitous, secret, honest, and fair elections for the Business firm of Representatives and regional legislatures
- Establishing a Ramble Court for guarding and defending the ramble organization as set forth in the constitution.
- Establishing a Judicial Commission
- The addition of ten entirely new articles concerning homo rights.
Amid the above changes, the establishment of Constitutional Court is regarded as a successful innovation in Indonesia ramble system. The court was established in 2003 by 9 justices head by Professor Jimly Asshiddiqie,a prominent scholar from the University of Indonesia. There are v jurisdictions of the court, i.e. (i) constitutional review of police force, (ii) disputes of constitutional jurisdiction between country institutions, (three) 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 which independently fights against corruption and grafts. Corruption in Indonesia is regarded an extraordinary law-breaking.
Legal Continuing [edit]
The 1945 Constitution has the highest legal authority in the land'southward arrangement of authorities. The executive, legislative and judicial branches of government must defer to information technology. The Constitution was originally officially enacted on 18 August 1945. The attached Elucidation, drawn up by Prof. Raden Soepomo (1903–1958), Indonesia'southward beginning justice minister, was officially declared to be a part of the Constitution on v July 1959. The Preamble, the body of the Constitution and the Elucidation were all reaffirmed as inseparable parts of the Constitution in 1959, and so over again in Provisional MPR Decree No. Twenty/MPRS/1966.[17] However, since the amendments, the Elucidation has not been updated, and nevertheless refers to the original document, including parts that have been removed, such every bit Affiliate IV. During the sessions in the People's Assembly, all the ideas setforth in the Elucidation was transformed become articles in the new amendments.[18] Then, final article of the amended Constitution states that the Constitution consists of the Preamble and the manufactures.[19]
Contents [edit]
Preamble [edit]
The preamble to the 1945 Constitution of Indonesia contains the Pancasila land philosophy.[20]
THE PREAMBLE OF THE 1945 CONSTITUTION
Whereas Independence is the inalienable right of all nations; therefore, colonialism must be abolished in the world as information technology 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 land of Indonesia which is contained, united, sovereign, simply and prosperous;
By the blessings of Almighty God and motivated by the noble desire to live a costless national life, the people of Republic of indonesia hereby declare their independence.
Subsequent thereto, to form a regime of the land of Indonesia which protect all the people of Indonesia and all the independence and the land that has been struggled for, and to ameliorate public welfare, to educate the life of the nation and to participate toward the institution of a world order based on freedom, perpetual peace and social justice, therefore the independence of Indonesia is formulated into a constitution of the Commonwealth of Republic of indonesia which is built into a sovereign state based on a conventionalities in the One and Just God, merely 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 [edit]
Affiliate I: Form of state and sovereignty [edit]
States that Indonesia is a unitary republic based on police force with sovereignty in the hands of the people and exercised through laws.
Chapter Two: People's Consultative Assembly [edit]
States that the People's Consultative Assembly is made up of the members of the People'southward Representative Council and the Regional Representatives Council, all of the members of both bodies being directly elected. The People's Consultative Assembly changes and passes laws, appoints the president, and can only dismiss the president or vice-president during their terms of office according to law.
Chapter Three: Executive power [edit]
Outlines the powers of the president. States the requirements for the president and vice-president. Limits the president and vice-president to two terms of function and states that they exist elected in a general election. Specifies the impeachment procedure. Includes the wording of the presidential and vice-presidential oath and promise of office.
Affiliate IV: Supreme advisory council [edit]
The unabridged manufactures of this chapter has been removed past the fourth subpoena of the Constitution. Previously, states the office of Supreme Informational Council.
Chapter V: State ministries [edit]
Four short articles giving the cabinet a constitutional basis. The president appoints ministers.
Affiliate Half-dozen: Local governments [edit]
Explains how Indonesia is divided into provinces, regencies and cities, each with its own assistants chosen by general election. The leaders of these administrations are "chosen democratically". Autonomy is applied every bit widely as possible. The state recognises the special nature of certain regions.
Chapter VII: House of Representatives [edit]
Its members are elected by general ballot. It has the correct to pass laws, and has legislative, budgeting and oversight functions. It has the right to asking government statements and to put forrad opinions.
Chapter VII-A: The Regional Representatives Council [edit]
An equal number of members is chosen from each province via a general election. The Council tin can suggest bills related to regional problems to the People'south Representative Council. It also advises the House on matters apropos taxes, educational activity and organized religion.
Affiliate VII-B: General elections [edit]
General elections to elect the members of the People's Representative Quango, the Regional Representatives Council, the president and vice-president and the regional legislatures are gratuitous, surreptitious, honest and fair and are held every 5 years. Candidates for the People'southward Representative Council and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.
Chapter 8: Financial matters [edit]
States that the president puts forward the annual state budget for consideration past the People's Representative Council.
Chapter VIII-A: Audit Board [edit]
Explains that this exists to oversee the management of country funds.
Chapter IX: Judicial powers [edit]
Affirms the independence of the judiciary. Explains the role and position of the Supreme Court besides as the office of the Judicial Commission. Also states the part of the Constitutional Court.
Chapter Nine-A: Country territory [edit]
States that the nation is an archipelago whose borders and rights are laid downwardly by law.
Affiliate X: Citizens and residents [edit]
Defines citizens and residents, and states that all citizens are equal before the law.
Affiliate 10-A: Human rights [edit]
Details the human rights guaranteed to all, including:
- the right of children to grow upwards free of violence and discrimination
- the right of all to legal certainty
- the correct to religious liberty
- the right to choose education, work and citizenship as well as the correct to choose where to live
- the right of assembly, clan and expression of stance
- the right to exist free from torture
It likewise states that the rights non to exist tortured, to accept freedom of idea and conscience, of faith, to not be enslaved, to be recognised every bit an individual earlier the law and to non be charged under retroactive legislation cannot be revoked under any circumstances. Furthermore, every person has the right to freedom from discrimination on whatever grounds whatsoever.
Finally, every person is obliged to respect the rights of others.
Chapter Eleven: Religion [edit]
The nation is based on belief in God, but the state guarantees religious liberty for all.
Chapter XII: Country defense force and security [edit]
States that all citizens have an obligation and right to participate in the defence of the nation. Outlines the structure and roles of the war machine and the police.
Chapter Xiii: Education and culture [edit]
States that every denizen has the right to an education. Too obliges the regime to classify 20 percent of the state upkeep to education.
Chapter XIV: National economy and social welfare [edit]
States that major ways of production are to be controlled past the country. Besides states that the country takes care of the poor.
Chapter Xv: National flag, language, keepsake, and canticle [edit]
Specifies the flag, official language, coat of arms, and national anthem of Indonesia.
Chapter Sixteen: Constitutional subpoena [edit]
Lays down the procedures for proposing changes and amending the Constitution. 2-thirds of the members of the People's Consultative Assembly must be nowadays: any proposed amendment requires a elementary bulk of the entire People's Consultative Assembly membership. The course of the unitary state cannot be inverse.
Transitional provisions [edit]
States that laws and bodies keep to be until new ones are specified in this constitution. Calls for the institution of a Constitutional courtroom before 17 Baronial 2003.
Additional provisions [edit]
Tasks the People's Consultative Assembly with re-examining decrees passed by it and its predecessors for their validity to exist adamant in the 2003 general session.
Encounter also [edit]
- Constitutional economics
- Constitutionalism
Notes [edit]
- ^ King (2007)
- ^ a b c d e Kusuma (2004)
- ^ Kusuma 2004, p. 1.
- ^ Ricklefs (2008), pp. 338-339
- ^ Elson (2009), pp. 113-114
- ^ Elson (2009), p113
- ^ Ricklefs (2008), p. 197
- ^ Ricklefs (2008), pp. 197-198
- ^ Ricklefs (2008), pp. 197-198
- ^ Ricklefs (2008), p. 254
- ^ Adnan Buyung Nasution (2001)
- ^ Sri Bintang Pamungkas (1999)
- ^ Denny Indrayana (2008), p331
- ^ Jimly Asshiddiqie (2009)
- ^ Denny Indrayana (2008), pp. 360-381
- ^ Jimly Asshiddiqie (2005)
- ^ Dahlan Thaib (1999)
- ^ Jimly Asshiddiqie(2009)
- ^ Denny Indrayana (2008), pp. 312-313
- ^ – via Wikisource.
References [edit]
- Adnan Buyung Nasution (2001) The Transition to Democracy: Lessons from the Tragedy of Konstituante in Crafting Indonesian Republic, Mizan Media Utama, Jakarta, ISBN 979-433-287-9
- Dahlan Thaib, Dr. H, (1999), Teori Hukum dan Konstitusi (Legal and Ramble Theory), Rajawali Press, Dki jakarta, ISBN 979-421-674-vii
- Denny Indrayana (2008) Indonesian Constitutional Reform 1999-2002: An Evaluation of Constitution-Making in Transition, Kompas Volume Publishing, Djakarta ISBN 978-979-709-394-5.
- Elson, R. E. (October 2009). "Another Expect at the Jakarta Charter Controversy of 1945" (PDF). Indonesia. 88 (88): 105–130.
- Jimly Asshiddiqie (2005), Konstitusi dan Konstitutionalisme Republic of indonesia (Indonesia Constitution and Constitutionalism), MKRI, Jakarta.
- Jimly Asshiddiqie (1994), Gagasan Kedaulatan Rakyat dalam Konstitusi dan Pelaksanaannya di Republic of indonesia (The Idea of People's Sovereignty in the Constitution), Ichtiar Baru - van Hoeve, Djakarta, ISBN 979-8276-69-8.
- 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, ISBN 979-99139-0-X.
- King, Blair A. (30 July 2007). "Constitutional tinkering". Inside Indonesia. Inside Indonesia. Retrieved 9 July 2019.
- Kusuma, R.M.A.B.. (2004). Lahirnya Undang Undang Dasar 1945 [Birth of the 1945 Constitution] (in Indonesian). Jakarta: Badan Penerbit Fakultas Hukum Universitas Republic of indonesia. ISBN979-8972-28-7.
- 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
- Ricklefs, M.C. (2008) [1981]. A History of Modernistic Indonesia Since c.1300 (4th ed.). London: MacMillan. ISBN978-0-230-54685-1.
- 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
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Source: https://en.wikipedia.org/wiki/Constitution_of_Indonesia
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