Constitution of Indonesia

The 1945 Constitution of the Unitary State of the Republic of Indonesia (Indonesian: Undang-Undang Dasar Negara Kesatuan Republik Indonesia Tahun 1945, lit. 'Basic Law of State of the Republic of Indonesia Year 1945', commonly abbreviated as UUD 1945 or UUD '45) is the most important law in Indonesia. It is the supreme law and the basis for all other laws in the country.

The constitution was written in June–August 1945, during the final months of the Japanese occupation of the Dutch East Indies at the end of World War II. It was replaced for a time by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but was restored later by President Sukarno's 1959 Decree.

The 1945 Constitution includes the Pancasila, the five nationalist principles that guide Indonesia. It describes how the government works, with a system that mixes presidential and parliamentary styles. After big changes in 1998 and the resignation of President Suharto, the constitution was changed to bring reforms and add new protections for people's rights.

History

The writing

In 1942, Japan took control of the area called the Dutch East Indies during World War II. As the war went on, the Japanese started getting ready for Indonesia to be independent. In March 1945, they formed a group called the Investigating Committee for Preparatory Work for Independence (BPUPK) on Java. This group had future leaders like Sukarno and Mohammad Hatta. They talked about ideas for Indonesia’s future government, including something called Pancasila.

Later in July 1945, another group worked on a draft of the country’s first constitution. After Japan surrendered that year, Sukarno and Hatta announced Indonesia’s independence on August 17, 1945. They changed the draft a little and officially adopted it soon after.

Other constitutions

After World War II, Indonesia had several changes in its government. A new constitution was made when Indonesia became part of the United States of Indonesia in 1949. But this didn’t last long. By 1950, Indonesia became a unitary state again, and the 1945 Constitution was used once more. In 1959, President Sukarno brought back the 1945 Constitution after trying to make a new one didn’t work.

Constitutional amendments

Main article: Amendments to the Constitution of Indonesia

After a long time with no changes, Indonesia started updating its constitution in the late 1990s. These updates happened from 1999 to 2002. The changes included limiting presidents to two terms, creating new councils and courts, and adding protections for people’s rights. One big change was making a Constitutional Court to help solve important legal issues. Another was starting a special group to fight corruption, which has helped the country a lot.

Legal standing

The 1945 Constitution is the most important law in Indonesia. All parts of the government must follow it. It was first put into place on August 18, 1945. In 1959, an explanation written by Raden Soepomo, Indonesia's first justice minister, became part of the Constitution. This explanation was confirmed again in 1966. The Constitution today includes the introduction and the articles.

Contents

Preamble

The preamble to the 1945 Constitution of Indonesia includes the Pancasila, the country's guiding principles. It talks about Indonesia's independence and the hope for a fair and peaceful world.

The Constitution

Chapter I: Form of state and sovereignty

This chapter says Indonesia is a unitary republic where the people hold power, and leaders are chosen through laws.

Chapter II: People's Consultative Assembly

The People's Consultative Assembly is made up of members from the House of Representatives and the Regional Representatives Council. They help make laws, choose the president, and can only remove a president or vice-president from office under certain conditions.

Chapter III: Executive power

This part explains the president's duties and who can be president or vice-president. It says they can serve only two terms and are chosen in elections. It also talks about how a president can be removed from office.

Chapter V: State ministries

The president chooses ministers to help run the government.

Chapter VI: Local governments

Indonesia is divided into provinces, regencies, and cities. Leaders in these areas are chosen by the people, and each area has its own rules.

Chapter VII: House of Representatives

Members of the House of Representatives are chosen in elections. They make laws, manage money, and watch over the government.

Chapter VII-A: The Regional Representatives Council

Senators are chosen from each province. They suggest laws about regional issues and give advice on taxes, education, and religion.

Chapter VII-B: General elections

Elections for the House of Representatives, Regional Representatives Council, president, vice-president, and local leaders happen every five years. They must be free, fair, and secret.

Chapter VIII: Financial matters

The president suggests the yearly budget for the country, which the House of Representatives reviews.

Chapter IX: Judicial powers

The courts are independent. This chapter talks about the Supreme Court, Judicial Commission, and Constitutional Court and their roles.

Chapter X: Citizens and residents

It defines who is a citizen or resident and says all citizens are equal under the law.

Chapter X-A: Human rights

This chapter lists important rights for everyone, such as the right to be treated fairly, to practice their religion, to choose their job, and to live where they want.

Chapter XI: Religion

Indonesia believes in one God, but people can practice any religion freely.

Chapter XII: State defence and security

All citizens help protect the country. It talks about the roles of the armed forces and police.

Chapter XIII: Education and culture

Every citizen has the right to education, and the government must spend part of its money on schools.

Chapter XIV: National economy and social welfare

The state controls important parts of the economy and helps take care of people in need.

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

This chapter talks about Indonesia's flag, official language, coat of arms, and national anthem.

Chapter XVI: Constitutional amendment

It explains how to change the Constitution, needing support from most members of the People's Consultative Assembly.

Transitional provisions

It says old laws stay until new ones are made and calls for a Constitutional Court to be set up by a certain date.

Additional provisions

The People's Consultative Assembly checks old decrees to see if they are still valid.