1945 Indonesian Constitution

[Marketta Filipovich]

The1945 Constitution sets forth the Pancasila, the five nationalist principles, 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 "presidential with parliamentary characteristics."[1] Following major upheavals in 1998 and the resignation of President Suharto, several political reforms were set in motion, via amendments to the Constitution, which resulted in changes to all branches of government as well as additional human rights provisions.

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 fell under the jurisdiction of the Japanese Southern Expeditionary Army Group (南方軍, Nanpō 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 Army, Java under the Japanese 16th 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. As the Japanese military position became increasingly untenable, especially after 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 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 remainder of the East Indies.[3]

During the recess between the two BPUPK sessions, a Committee of Nine (Panitia Sembilan) comprising Sukarno, Hatta, Yamin, Maramis, Soebardjo, Wahid Hasjim, Muzakkir, Agus Salim and Abikoesno reformulated Sukarno's Pancasila in to a preamble for the future constitution. This later became known as the 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 provisional constitution. They were:[5]

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.[7] On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the Southern Expeditionary Army Group headquarters announced that an Indonesian leader could enact a body called the Preparatory Committee for Indonesian Independence (PPKI). The dropping of a second atomic bomb on Nagasaki, and the Soviet invasion of Manchuria on 9 August prompted the Japanese to surrender unconditionally on 15 August 1945. Sukarno and Hatta declared independence on 17 August 1945, and the PPKI met the following day.[2][8]

In the meeting chaired by Sukarno, the 27 members, including Hatta, Soepomo, Wachid Hasjim, Sam Ratulangi and Subardjo, began to discuss the proposed constitution article by article. The Committee made some fundamental changes, including the removal of 7 words from the text of Jakarta 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 then officially adopted the Constitution.[2][9]

On 29 August, Sukarno dissolved the Preparatory Committee for Indonesian Independence and established the Central Indonesian National Committee (KNIP). Sukarno and Hatta appointed 135 members, including the membership of the PPKI to this new body. It included people representing areas outside Java, Islam, women and young people.[10][11]

Following the transfer of sovereignty to the United States of Indonesia (RIS), in December 1949, the state adopted a bicameral system. The KNIP met for the last time on 15 December 1949 to agree to the Republic of Indonesia joining the United States of Indonesia (RIS). However, this state was short lived and when Indonesia became a unitary state in August 1950, the Working Committee of the KNIP became part of the House of Representatives and Constitution 1945 (usually referred to by the Indonesian acronym "UUD'45") remained in force 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 which in the end turned back into the unitary state of the republic of Indonesia.[12][13]

In 1955 elections were held for the House of Representatives (DPR) as well as for a Constitutional Assembly to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists, primarily over the role of Islam in Indonesia. Sukarno became increasingly disillusioned by this stagnation and with the support of the military, 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 2 June 1959, but the motion failed to gain the required two-thirds majority. Finally, on 5 July 1959 President Sukarno issued a decree dissolving the assembly and returning to the 1945 Constitution.[14]

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 document.[15] In 1983, the People's Consultative Assembly (MPR) passed a decree stipulating the need for a nationwide referendum to be held before any amendments were made to the Constitution. This led to a 1985 law requiring such a referendum to have a 90% turnout and for any changes to be approved by a 90% vote. 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.[16]

With the fall of Suharto and the New Order regime in 1998, the 1983 decree and 1985 law were rescinded and the way was clear to amend the Constitution to make it more democratic. This was done in four stages at sessions of the MPR in 1999, 2000, 2001 and 2002. As a result, the original Constitution has grown from 37 articles to 73, of which only 11% remain unchanged from the original constitution.[17]

Among the above changes, the establishment of Constitutional Court is regarded as a successful innovation in Indonesia constitutional 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 five jurisdictions of the court, i.e. (i) constitutional review of law, (ii) disputes of constitutional jurisdiction between state institutions, (iii) 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 crime.

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 state of Indonesia which is independent, united, sovereign, just and prosperous;

Subsequent thereto, to form a government of the state of Indonesia which protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the nation and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice, therefore the independence of Indonesia is formulated into a constitution of the Republic of Indonesia which is built into a sovereign state based on a belief in the One and Only God, just 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.

States that the People's Consultative Assembly is made up of the members of the House of Representatives 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.

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.

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 recognises the special nature of certain regions.

Its members are elected by general election. It 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.

An equal number of members is chosen from each province via a general election. The Council can suggest bills related to regional issues to the House of Representatives. It also advises the House on matters concerning taxes, education and religion.

General elections to elect the members of the House of Representatives, the Regional Representatives Council, the president and vice-president and 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.

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