The Republic of Indonesia has the basic law that was legalized on August 18, 1945 by The Committee of Preparation for Freedom of Indonesia. Since on December 27, 1949 Indonesia caused to be effective RIS (The Temporary of Indonesian Republic), and since August 17, 1950 Indonesia put into effect (The Temporary of Indonesian Republic Constitution). The government of Indonesia via DPR (The Council of Citizenry Representation) discussed about re-validity of the 1945 constitution of Indonesian Republic (UUD 1945) on July 05, 1959. Eventually, on July 22, 1959, the 1945 constitution of Indonesian Republic (UUD 1945) was legalized by DPR.
In addition, 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, but restored on 5 July 1959.
The 1945 Constitution then set forth the Pancasila, the five nationalist principles devised by Sukarno, 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 "semi-presidential" or "presidential with parliamentary characteristics." Following the Indonesian 1998 Upheaval and the resignation of President Suharto, several political reforms were set in motion, which are still continuing.
The contents of the 1945 constitution of Indonesian Republic are below:
Preamble
The preamble to the 1945 Constitution of Indonesia contains the Pancasila state philosophy.
Chapter I: Form of state and sovereignty
States that Indonesia is a unitary republic based on law with sovereignty in the hands of the people and exercised through laws.
Chapter II: The People's Consultative Assembly
States that the People's Consultative Assembly is made up of the members of the People's Representative Council and the Regional Representatives Council, all of who are elected via general election. 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 powers of the state
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 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.
Four short articles giving the cabinet a constitutional basis. The president appoints ministers.
Explains how Indonesia is divided into provinces, 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 recognizes the special nature of certain regions.
Chapter VII: The House of Representatives
The members of the House are elected by general election. The House 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 put forward to the House of Representatives bills related to regional issues. 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 House of Representatives, the Regional Representatives Council, the president and vice-president as well as the regional legislatures are free, secret, honest and fair and are held every five years. Candidates for the House of Representatives and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.
States that the president puts forward the annual state budget for consideration by the House of Representatives.
Chapter VIII-A: The supreme audit agency
Explains that this exists to oversee the management of state funds.
Affirms the independence of the judiciary. Explains the role and position of the Supreme Court as well as the role of the judicial commission. Also states the role of the Constitutional Court.
Chapter IX-A: Geographical extent of the nation
States that the nation is an archipelago whose borders and rights are laid down by law.
Chapter X: Citizens and residents
Defines citizens and residents and states that all citizens are equal before the law. Details the human rights guaranteed to all, including:
- the right of children to grow up free of violence and discrimination
- the right of all to legal certainty
- 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 recognized 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.
States that all citizens have an obligation and right to participate in the defense 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.
The 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: The flag, language, coat of arms, and the national anthem
Specifies the flag, official language, coat of arms, and national anthem of Indonesia.
Chapter XVI: Amendment of the constitution
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. The form of the unitary state cannot be changed.
Actually, Indonesia still needs some points to perfect the constitution. Probably, Indonesia can consider and learn more about the United States constitution. The writer feels that there is point which is needed on helping to perfect the Indonesian constitution. It is Amendment VI (Right to speedy, public trial by impartial jury; Right to have witnesses and a defender for the trial). “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the sate and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (Amendment Book)
The reason is; In Indonesia, the right to speedy, public trial by impartial jury; right to have witnesses and a defender for the trial has not been maximized yet. So, Indonesia still needs rules that can help Indonesia to be better on constitution. We feel that we can learn more about the constitution with from the United States constitutions.
In conclusion, every country has different constitution or basic law that can manage the government and make it a good government. Every country can learn more or can study another country to improve their constitution, because as long as the government runs, the rules are there.
Source: Wikipedia
English Programs for Internationals
University of South Carolina,U.S.A
Spring 2009
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