by Max Barry

Latest Forum Topics




by The Unitary States of Greater Indonesia Republic. . 7 reads.

Konstitusi - Constitution

⤆ ⤇ ↺ ☖ |Search:

The preamble to the 1891 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 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.

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.

Chapter IV: Ministers of state
Four short articles giving the cabinet a constitutional basis. The president appoints ministers.

Chapter V: Local government
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.

Chapter VI: The People's Representative Council
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.

Chapter VII-A: The Regional Representatives Council
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 People's Representative Council. 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 People's Representative Council, 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 People's Representative Council and regional legislatures represent political parties: those for the Regional Representatives Council are individuals.

Chapter VIII: Finance
States that the president puts forward the annual state budget for consideration by the People's Representative Council.

Chapter VIII-A: The supreme audit agency
Explains that this exists to oversee the management of state funds. (Cf. Supreme Audit Institution)

Chapter IX: Judicial power
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 recognised 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.

Chapter XII: National defence
States that all citizens have an obligation and right to participate in the defence 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.

Chapter XIV: 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 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 of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed.