THE
1945 CONSTITUTION OF THE REPUBLIC
OF INDONESIA
Whereas independence is the inalienable right
of every nation, therefore, colonialism in the world should be abolished,
because it is not in conformity with humanity and justice.
And the struggle of the Indonesian independence
movement has now reached the hour of rejoicing by leading the people of
Indonesia safe and sound to the gateway of Independence for an Indonesia
state which is free, united, sovereign, just and prosperous.
By the Grace of God Almighty and motivated
by the noble aspirations to lead their own free national life, the people
of Indonesia hereby declare their independence.
Subsequent to this, in order to establish
a government of the State of Indonesia which shall protect the whole of
the Indonesian people and their entire homeland 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 Indonesians national independence shall be formulated in a Constitution
of an Indonesia 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 and only God, just and civilized humanity,
the unity of Indonesia, and Democracy which is guided by the inner wisdom
of unanimity arising from deliberations amongst representatives, meanwhile
creating a condition of social justice for the whole of the people of Indonesia.
CHAPTER I
FORM OF STATE AND SOVEREIGNTY
Article 1
(1). The State of Indonesia shall be a unitary state which has the form of a Republic.
(2). Sovereign shall be vested in the hands
of the people and shall be fully exercised by the Majelis Permusyawaratan
Rakyat.*)
*) The Majelis Permusyawaratan Rakyat or
MPR or Majelis has many English translation such as: The people's Consultative
Assembly, The people's Deliberative Council. It is the highest state institution
of the country.
C H A P T E R II
THE MAJELIS PERMUSYAWARATAN RAKYAT
Article 2
(1). The Majelis Permusyawaratan Rakyat shall consist of members of the Dewan Perwakilan Rakyat,*) argumented by delegates from the regional territories and functional groups, in accordance with statutory regulations.
(2). The Majelis Permusyawaratan Rakyat shall sit at least once every five years in the capital of the state.
(3). All decisions of the Majelis Permusyawaratan
Rakyat shall be taken by majority vote.
*) The Dewan Perwakilan Rakyat or DPR or
Dewan has several English translations such as: The House of People's Representative,
The House of Representatives, Parliament.
Article 3
The Majelis Permusyawaratan Rakyat shall determine
the Constitution and the guidelines of state policy
C H A P T E R III
THE EXECUTIVE POWERS OF THE STATE
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 duties, the President
shall be assisted by a Vice-President.
Article 5
(1). The President shall have the power to enact the laws in agreement with the Dewan Perwakilan Rakyat .
(2). The President shall determine government
regulations necessary to implement the laws.
Article 6
(1). The President shall be a native born Indonesia.
(2). The President and the Vice-President
shall be elected by the Majelis Permusyawaratan Rakyat by majority vote.
Article 7
The President and Vice-President shall hold
office for a term of five years and shall be eligible for re-election.
Article 8
Should the President die, cease from executing
his duty, or unable to execute his duty during his term of office, his
office will be taken by the Vice-President until the expiry of that them.
Article 9
Before assuming their duties, the President
and Vice-President shall take an oath according to the requirements of
religion, or make a solemn promise before the Majelis Permusyawaratan Rakyat
or the Dewan Perwakilan Rakyat, as follows:
Oath of the President (Vice-President)
"In the Name of God, I swear that I will
fulfill, to the best of my ability and as justly as possible, the duties
of a President (Vice-President) of the Republic of Indonesia; that I will
firmly uphold the Constitution and faithfully implement all laws and regulations,
and that will devote myself to the service of Country and Nation".
Promise of the President (Vice-President)
"I solemnly promise that I will fulfill,
to the best of my ability and as justly as possible, the duties of a President
(Vice-President) of the Republic of Indonesia; that I will firmly uphold
the Constitution and faithfully implement all laws and regulations, and
that I will devote myself to the service of Country and Nation".
Article 10
The President shall hold the highest authority
over the Army, the Navy and the Air Force.
Article 11
The President, with the agreement of the Dewan
Perwakilan Rakyat, declares, war, makes peaces and concludes treaties
with other states.
Article 12
The President declares the state of emergency.
The conditions for and consequencies of the state of emergency, shall be
laid down by law.
Article 13
(1). The President appoints envoys and consuls.
(2). The President receives the envoys of
other states.
Article 14
The Presidents grants titles, decoration and
other marks of honour.
Article 15
The President grant titles, decoration and
other marks of honour
C H A P T E R IV
THE DEWAN PERTIMBANGAN AGUNG*)
Article 16
(1). The Composition of the Dewan Pertimbangan Agung shall be laid down by law.
(2). The DPA must submit replies to question
put by the President and shall have the right to submit proposals to the
President.
*) The Dewan Pertimbangan Agung or DPA
is translated in to English as: The Supreme Advisory Council.
C H A P T E R V
THE MINISTERS OF STATE
Article 17
(1). The President shall be assisted by ministers of state.
(2). These ministers shall be appointed and dismissed by the President.
(3). These ministers shall lead the government
departments.
C H A P T E R VI
THE LOCAL GOVERNMENT
Article 18
The division of the Indonesian territory into
large and small regions, as well as the form and structure of their administration
shall be laid down by law, with due regard for and in observance of the
principle of musyawarah in the governmental system of the State and the
traditional rights of those regions, which have a special character.
C H A P T E R VII
THE DEWAN PERWAKILAN RAKYAT*)
Article 19
(1). The composition of the Dewan Perwakilan Rakyat shall be laid down by law.
(2). The Dewan Perwakilan Rakyat shall sit
at least once a year.
*) The Dewan Perwakilan Rakyat or DPR or
Dewan has several English translations such as: The House of People's Representative,
The House of Representatives, Parliament.
Article 20
(1). Each law shall require the agreement of the Dewan Perwakilan Rakyat
(2). Should a bill not obtain the agreement
of the Dewan Perwakilan Rakyat, that bill may not be submitted again during
the same session of the Dewan Perwakilan Rakyat.
Article 21
(1). Members of the Dewan Perwakilan Rakyat shall have the right to submit bills.
(2). Should these bills, although passed by
the Dewan Perwakilan Rakyat not be ratified by the President, they may
not be submitted again during the same session of the Dewan Perwakilan
Rakyat.
Article 22
(1). Should exigency compel, the President shall have the right to determine government regulation in lieu of law.
(2). These government regulation must obtain the agreement of the Dewan Perwakilan Rakyat during its next session.
(3). Should there be no agreement, these government
regulations shall be revoked.
CHAPTER VIII
FINANCE
Article 23
(1). The annual state budget shall be laid down by law. Should the Dewan Perwakilan Rakyat not agree with the draft state budget submitted by the government, the government should work on the previous year's state budget.
(2). All the taxes needed by the State shall be laid down by law
(3). Each kind of currency and its value shall be laid down by law.
(4). Other state financial matters shall be provided for by law.
(5). In order to examine the state financial accounts, a state audit board shall be set up, the regulation for which shall be laid down by law.
The results of the examination shall be communicated
to the Dewan Perwakilan Rakyat.
C H A P T E R IX
THE JUDICIAL POWER
Article 24
(1). The Judicial power shall be exercised by the Supreme Court*) and other courts of justice in accordance with law.
(2). The composition and power of these courts
of justice shall be laid down by law.
Article 25
The conditions for the appointment and dismissal
of a judge shall be laid down by law.
*) The Indonesian name for the Supreme
Court is Mahkamah Agung. It is also translated: Supreme Court of Justice.
CHAPTER X
CITIZENSHIP
Article 26
(1). Citizens shall be all native-born Indonesian and other nationals who have obtained citizenship by virtue of law.
(2). Requirements pertaining to citizenship shall be laid down by law.
Article 27
(1). All citizens, without exception shall be equal before the law and in government and shall have the duty to uphold the law and the government
(2). Every citizens shall have the right of
employment and to a living befitting human beings.
Article 28
Freedom of association and assembly, of thought
expression by speech and writing, and so on, shall be laid down by law.
CHAPTER XI
RELIGION
Article 29
(1). The state shall be based upon Belief in the One and only God.
(2). The state shall guarantee freedom to
all residents to embrace their respective religion and to perform their
religious duties in accordance with their religion and belief.
CHAPTER XII
NATIONAL DEFENSE
Article 30
(1). Every citizen shall have the right and the duty to participate in the defense efforts of the state.
(2). The requirements pertaining to defense
shall be laid down by law.
CHAPTER XIII
EDUCATION
Article 31
(1). Every citizens shall have the right to education.
(1). The government shall establish and operate
a national education system which shall be provided for by law.
Article 32
The government shall advance the national
culture of Indonesia.
CHAPTER XIV
SOCIAL WELFARE
Article 33
(1). The economy shall by organized as a common endeavour based on the principle of mutual help.
(2). Branches of production which are important for the state and which effect the life of most the people shall be controlled by the state.
(3). Land and water, and the natural resources
found therein, shall be controlled by the state and shall be exploited
for the maximum benefit of the people.
Article 34
The poor, and the destitute children shall
be cared for by the state.
CHAPTER XV
FLAG AND LANGUAGE
Article 35
The flag of the Indonesian state shall be
the Sang Saka Merah Putih.*)
*) Often translated into: The Honoured
Red-and-White flag.
Article 36
The National language shall be the Bahasa
Indonesia.*)
*) Bahasa Indonesia = The Indonesian language
- the lingua franca of Indonesia.
CHAPTER XVI
ALTERATION OF THE CONSTITUTION
Article 37
(1). In order to alter the Constitution, at least two-thirds of the total number of 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 in attendance.
Clause I
The Preparatory Committee*) for Indonesia's
Independence shall regulated and execute the transfer of authority to the
Indonesian Government
*) Preparatory Committee for Indonesia's
Independence is the English translation for Panitia Persiapan Kemerdekaan
Indonesia, abbreviated PPKI.
Clause II
All existing state institutions and regulations
shall continue to function as long as new ones have not been established
or introduced in accordance with the Constitution.
Clause III
The President and Vice-President shall be
elected for the first time by the Preparatory Committee for Indonesia's
Independence.
Clause IV
Pending the establishment of the Majelis Permusyawaratan
Rakyat, the Dewan Perwakilan Rakyat and the Supreme Advisory Council in
Accordance with the Constitution, all their power shall be exercised by
the President with the assistance of a National Committee.*)
*) The Indonesian Name is: Komite Nasional
Indonesia.
(1). Within six months after the end of the Asia Timur Raya War.*) The President of Indonesia shall regulate and implement all matters which are laid down the Constitution.
(2). Within six months after the establishment
a the Majelis Permusyawaratan Rakyat, the Majelis shall convene a session
to determine the Constitution.
*) Translated into the Greater East Asia
War or The Pacific War of World War II