このページは、2019年3月に保存されたアーカイブです。最新の内容ではない場合がありますのでご注意ください

THE 1945 CONSTITUTION OF THE REPUBLIC
OF INDONESIA



PREAMBLE

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.


THE CONSTITUTION

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 theMajelis 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 theDewan Perwakilan Rakyat,*)argumented by delegates from the regional territories and functional groups, in accordance withstatutory 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 andconcludes 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 theSupreme 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 theSang Saka Merah Putih.*)

*) Often translated into: The Honoured Red-and-White flag.

Article 36

The National language shall be theBahasa 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.






TRANSITIONAL PROVISIONS

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 aNational Committee.*)

*) The Indonesian Name is: Komite Nasional Indonesia.

ADDITIONAL PROVISIONS

(1). Within six months after the end of theAsia 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


| Previous | Top |

このページは、2019年3月に保存されたアーカイブです。最新の内容ではない場合がありますのでご注意ください