The 1945 Constitution of the Republic of Indonesia
By Unknown - Tuesday, October 16, 2012
The 1945 Constitution
of the Republic of Indonesia
As amended by the
First Amendment of 1999, the Second Amendment of 2000, the Third
Amendment of 2001 and
the Fourth Amendment of 2002
Unofficial
translation
THE PREAMBLE TO THE
CONSTITUTION
Whereas independence
is the inalienable right of all nations, therefore, all colonialism must be
abolished in this
world as it is not in conformity with humanity and justice; 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 shall be
independent, united,
sovereign, just and prosperous; By the grace of God Almighty and motivated
by the noble desire
to live a free national life, the people
of Indonesia hereby declare their
independence.
Subsequent thereto,
to form a government of the state of Indonesia which shall 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 people and to participate toward the
establishment of a
world order based on freedom, perpetual peace and social justice, therefore
the independence of
Indonesia shall be formulated into a constitution of the Republic of Indonesia
which shall be built
into a sovereign state based on a belief in the One and Only God, just and
civilised 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.
ARTICLES
Chapter I
Form of the State and
Sovereignty
Article 1
(1) The State of
Indonesia shall be a unitary state in the form of a republic.
(2) Sovereignty is in
the hands of the people and is implemented according to this Constitution.
(3) The State of
Indonesia shall be a state based on the rule of law.
Chapter II
The People's
Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR)
Article 2
(1) The MPR shall
consist of the members of the DPR and the members of the DPD who have
been elected through
general elections, and shall be regulated further by law.
(2) The MPR shall
convene in a session at least once in every five years in the capital of the
state.
(3) All decisions of
the MPR shall be taken by a majority vote.
Article 3
(1) The MPR has the
authority to amend and enact the Constitution.
(2) The MPR shall
inaugurate the President and/or Vice President.
(3) The MPR may only
dismiss the President and/or Vice-President during his/her term of office in
accordance with the
Constitution.
Chapter III
The Executive Power
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/her duties, the President shall be assisted by a Vice-President.
Article 5
(1) The President
shall be entitled to submit bills to the DPR.
(2) The President may
issue Government regulations as required to implement laws.
Article 6
(1) Any candidate for
President or Vice-President shall be a citizen of Indonesia since birth, shall
never have acquired
another citizenship by his/her own will, shall never have committed an act of
treason against the
State, and shall be mentally and physically capable of implementing the
duties and
obligations of President or Vice-President.
(2) The requirements
to become President or Vice-President shall be further regulated by law.
Article 6A
(1) The President and
Vice-President shall be elected as a single ticket directly by the people.
(2) Each ticket of
candidates for President and Vice-President shall be proposed prior to the
holding of general
elections by political parties or coalitions of political parties which are
participants in the
general elections.
(3) Any ticket of
candidates for President and Vice-President which polls a vote of more than
fifty
percent of the total
number of votes during the general election and in addition polls at least
twenty percent of the
votes in more than half of the total number of provinces in Indonesia shall
be declared elected
as the President and Vice-President.
(4) In the event that
there is no ticket of candidates for President and Vice-President elected, the
two tickets which
have received the first and second highest total of votes in the general
election shall be submitted directly to election by the people, and the ticket
which receives the highest
total of votes shall
be sworn in as the President and Vice-President.
(5) The procedure for
the holding of the election of the President and Vice-President shall be
further regulated by law.
Article 7
The President and
Vice President shall hold office for a term of five years and may subsequently
be re-elected to the
same office for one further term only.
Article 7A
The President and/or
the Vice-President may be dismissed from his/her position during his/her
term of office by the
MPR on the proposal of the House of Representatives (Dewan Perwakilan
Rakyat or DPR), both
if it is proven that he/she has violated the law through an act of treason,
corruption, bribery,
or other act of a grave criminal nature, or through moral turpitude, and/or
that
the President and/or
Vice-President no longer meets the qualifications to serve as President
and/or
Vice-President.
Article 7B
(1) Any proposal for
the dismissal of the President and/or the Vice-President may be submitted by
the DPR to the MPR
only by first submitting a request to the Constitutional Court to investigate,
bring to trial, and
issue a decision on the opinion of the DPR either that the President and/or
VicePresident has violated the law through an act of treason, corruption, bribery, or other act of
a
grave criminal
nature, or through moral turpitude, and/or that the President and/or
Vice-President
no longer meets the
qualifications to serve as President and/or Vice-President.
(2) The opinion of
the DPR that the President and/or Vice-President has violated the law or no
longer meets the
qualifications to serve as President and/or Vice-President is undertaken in the
course of
implementation of the supervision function of the DPR.
(3) The submission of
the request of the DPR to the Constitutional Court shall only be made with
the support of at
least 2/3 of the total members of the DPR who are present in a plenary session
that is attended by
at least 2/3 of the total membership of the DPR.
(4) The
Constitutional Court has the obligation to investigate, bring to trial, and
reach the most
just decision on the
opinion of the DPR at the latest ninety days after the request of the DPR was
received by the
Constitutional Court.
(5) If the
Constitutional Court decides that the President and/or Vice-President is proved
to have
violated the law
through an act of treason, corruption, bribery, or other act of a grave
criminal
nature, or through
moral turpitude; and/or the President and/or Vice-President is proved no longer
to meet the
qualifications to serve as President and/or Vice-President, the DPR shall hold
a
plenary session to
submit the proposal to impeach the President and/or Vice-President to the
MPR.
(6) The MPR shall
hold a session to decide on the proposal of the DPR at the latest thirty days
after its receipt of
the proposal.
(7) The decision of the
MPR over the proposal to impeach the President and/or Vice-President
shall be taken during
a plenary session of the MPR which is attended by at least 3/4 of the total
membership and shall
require the approval of at least 2/3 of the total of members who are
present, after the
President and/or Vice-President have been given the opportunity to present
his/her explanation
to the plenary session of the MPR. Article 7C
The President may not
freeze and/or dissolve the DPR.
Article 8
(1) In the event that
the President dies, resigns, is impeached, or is not capable of implementing
his/her obligations
during his/her term, he/she will be replaced by the Vice-President until the
end
of his/her term.
(2) In the event that
the position of Vice-President is vacant, the MPR should hold a session
within sixty days at
the latest to elect a Vice-President from two candidates nominated by the
President.
(3) In the event that
the President and the Vice President die, resign, are impeached, or are
permanently incapable
of performing their tasks and duties within their term of office
simultaneously, the
tasks and duties of the presidency shall
be undertaken by a joint
administration of the
Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of
Defence. At the
latest thirty days after that, the MPR shall hold a session to elect a new
President
and Vice President
from the tickets nominated by the political parties or coalitions of political
parties whose tickets
won first and second place in the last presidential election, who will serve
for the remainder of
the term of office.
Article 9
(1) Prior to taking
office, the President and Vice President shall swear an oath in accordance with
their respective
religions or shall make a solemn promise before the MPR or DPR. The oath or
promise shall be as
follows:
Presidential
(Vice-Presidential) Oath:
"I swear before
God that, to the best of my ability, I shall fulfil as justly as possible my
duties as
President
(Vice-President) of the Republic of
Indonesia, that I shall uphold faithfully the
Constitution,
conscientiously implement all statutes and regulations, and shall devote myself
to
the service of
Country and Nation."
Presidential
(Vice-Presidential) Promise:
"I solemnly
promise that, to the best of my ability, I shall fulfil as justly as possible
my duties as
President
(Vice-President) of the Republic of
Indonesia, that I shall uphold faithfully the
Constitution, conscientiously
implement all statutes and regulations, and shall devote myself to
the service of
Country and Nation."
(2) In the event that
the MPR or DPR is unable to convene a
sitting, the President and VicePresident shall swear an oath in accordance with
their respective religions or shall make a
solemn promise before
the leadership of the MPR witnessed by the leadership of the Supreme
Court.
Article 10
The President is the
Supreme Commander of the Army, the Navy and the Air Force.
Article 11
(1) The President
with the approval of the DPR may declare
war, make peace and conclude
treaties with other
countries.
(2) The President in
making other international agreements that will produce an extensive and
fundamental impact on
the lives of the people which is linked to the state financial burden, and/or
that will requires an amendment to or the enactment of a law, shall obtain the
approval of the
DPR.
(3) Further
provisions regarding international agreements shall be regulated by law.
Article 12
The President may
declare a state of emergency. The conditions for such a declaration and the
subsequent measures
regarding a state of emergency shall be regulated by law.
Article 13
(1) The President
shall appoint ambassadors and consuls.
(2) In the
appointment of ambassadors, the President shall have regard to the opinion of
the
DPR.
(3) The President
shall receive the accreditation of ambassadors of foreign nations and shall in
so
doing have regard to
the opinion of the DPR.
Article 14
(1) The President may
grant clemency and restoration of rights and shall in so doing have regard
to the opinion of the
Supreme Court.
(2) The President may
grant amnesty and the dropping of charges and shall in so doing have
regard to the opinion
of the DPR.
Article 15
The President may
grant titles, decorations and other honours as provided by law.
Article 16
The President shall
establish an advisory council with the duty of giving advice and considered
opinion to the
President, which shall be further regulated by law.
Chapter IV
Supreme Advisory
Council
Deleted.
Chapter V
Ministers of State
Article 17
(1) The President
shall be assisted by Ministers of State.
(2) Ministers of
State shall be appointed and dismissed by the President.
(3) Each Minister of
State shall be responsible for a particular area of Government activity.
(4) The formation,
change, and dissolution of ministries of state shall be regulated by law.
Chapter VI
Regional Authorities
Article 18
(1) The Unitary State
of the Republic of Indonesia shall be divided into provinces and those
provinces shall be
divided into regencies (kabupaten) and municipalities (kota), each of which
shall have regional
authorities which shall be regulated by law.
(2) The regional authorities
of the provinces, regencies and municipalities shall administer and
manage their own
affairs according to the principles of regional autonomy and the duty of
assistance (tugas
pembantuan).
(3) The authorities
of the provinces, regencies and municipalities shall include for each a
Regional People's
House of Representatives (DPRD) whose members shall be elected through
general elections.
(4) Governors,
Regents (bupati) and Mayors (walikota), respectively as head of regional
government of the provinces,
regencies and municipalities, shall be elected democratically.
(5) The regional
authorities shall exercise wide-ranging autonomy, except in matters specified
by
law to be the affairs
of the central government.
(6) The regional
authorities shall have the authority to adopt regional regulations and other
regulations to
implement autonomy and the duty of assistance.
(7) The structure and
administrative mechanisms of regional authorities shall be regulated by law.
Article 18A
(1) The authority
relations between the central government
and the regional authorities of the
provinces, regencies
and municipalities, or between a province and its regencies and
municipalities, shall
be regulated by law having regard to the particularities and diversity of each
region.
(2) The relations
between the central government and regional authorities in finances, public
services, and the use
of natural and other resources shall be regulated and administered with
justice and equity
according to law.
Article 18B
(1) The State
recognises and respects units of regional authorities that are special and
distinct,
which shall be
regulated by law.
(2) The State
recognises and respects traditional communities along with their traditional
customary rights as
long as these remain in existence and are in accordance with the societal
development and the
principles of the Unitary State of the Republic of Indonesia, and shall be
regulated by law.
Chapter VII
The People's
Representative Council (Dewan Perwakilan Rakyat or DPR)
Article 19
(1) Members of the
DPR shall be elected through a general election.
(2) The structure of
the DPR shall be regulated by law.
(3) The DPR shall
convene in a session at least once a year.
Article 20
(1) The DPR shall
hold the authority to establish laws. (2) Each bill shall be discussed by the
DPR and the President to reach joint approval.
(3) If a bill fails
to reach joint approval, that bill shall not be reintroduced within the same
DPR
term of sessions.
(4) The President
signs a jointly approved bill to become a law.
(5) If the President
fails to sign a jointly approved bill within 30 days following such approval,
that
bill shall legally
become a law and must be promulgated.
Article 20A
(1) The DPR shall
hold legislative, budgeting and oversight functions.
(2) In carrying out
its functions, in addition to the rights
regulated in other articles of this
Constitution, the DPR
shall hold the right of interpellation (interpelasi), the right of
investigation
(angket), and the
right to declare an opinion.
(3) Other than the
rights regulated in other articles of this Constitution, every DPR member shall
hold the right to
submit questions, the right to propose suggestions and opinions, and the right
of
immunity.
(4) Further
provisions on the rights of the DPR and the rights of DPR members shall be
regulated
by law.
Article 21
DPR members shall
have the right to propose bills.
Article 22
(1) Should exigencies
compel, the President shall have the right to establish government
regulations in lieu
of laws.
(2) Such government
regulations must obtain the approval of the DPR during its next session.
(3) Should there be
no such approval, these government regulations shall be revoked.
Article 22A
Further provisions
regarding the procedures to establish laws shall be regulated by law.
Article 22B
DPR members may be
removed from office, according to conditions and procedures which shall
be regulated by law.
Chapter VIIA
The Council of
Representatives of the Regions (Dewan Perwakilan Daerah or DPD)
Article 22C
(1) The members of
the DPD shall be elected from every province through a general election.
(2) The total number
of members of DPD in every province shall be the same, and the total
membership of the DPD
shall not exceed a third of the total membership of the DPR.
(3) The DPD shall
hold a session at least once every year.
(4) The structure and
composition of the DPD shall be regulated by law.
Article 22D
(1) The DPD may
propose to the DPR Bills related to regional autonomy, the relationship of
central and local
government, formation, expansion and merger of regions, management of
natural resources and
other economic resources, and Bills related to the financial balance
between the centre
and the regions.
(2) The DPD shall
participate in the discussion of Bills
related to regional autonomy; the
relationship of
central and local government; formation, expansion, and merger of regions;
management of natural
resources and other economic resources, and financial balance between
the centre and the
regions; and shall provide consideration to the DPR over Bills on the State
Budget and on Bills
related to taxation, education, or religion.
(3) The DPD may
oversee the implementation of laws concerning regional autonomy, the
formation, expansion
and merger of regions, the relationship of central and local government,
management of natural
resources and other economic resources, implementation of the State
Budget, taxation,
education, or religion and shall in addition submit the result of such
oversight to
the DPR in the form
of materials for its further consideration.
(4) The members of
the DPD may be removed from office under requirements and procedures
that shall be
regulated by law.
CHAPTER VIIB
General Elections
Article 22E
(1) General elections
shall be conducted in a direct, general, free, secret, honest, and fair manner
once every five
years.
(2) General elections
shall be conducted to elect the members of the DPR, DPD, the President
and Vice-President,
and the Regional People's Representative
Council (Dewan Perwakilan
Rakyat Daerah or
DPRD).
(3) The participants
in the general election for the election of the members of the DPR and the
members of the DPRDs
are political parties.
(4) The participants
in the general election for the election
of the members of the DPD are
individuals.
(5) The general
elections shall be organised by a general election commission of a national,
permanent, and
independent character.
(6) Further
provisions regarding general elections shall be regulated by law.
Chapter VIII
Finances
Article 23
(1) The State Budget
as the basis of the management of state funds shall be determined annually
by law and shall be
implemented in an open and accountable manner in order to best attain the
prosperity of the
people.
(2) The Bill on the
State Budget shall be submitted by the President for joint consideration with
the DPR, which
consideration shall take into account
the opinions of the DPD.
(3) In the event that
the DPR fails to approve the proposed Bill on the State Budget submitted by
the President, the
Government shall implement the State Budget of the preceding year.
Article 23A
All taxes and other
levies for the needs of the state of a compulsory nature shall be regulated by
law.
Article 23B
The forms and
denomination of the national currency shall be regulated by law.
Article 23C
Other matters
concerning state finances shall be regulated by law.
Article 23D
The state shall have
a central bank, the structure, composition, authorities, responsibilities and
independence of which
shall be regulated by law.
Chapter VIIIA
Supreme Audit Board
(Badan Pemeriksa Keuangan or BPK)
Article 23E
(1) To investigate
the management and accountability of state finances, there shall be a single
Supreme Audit Board
which shall be free and independent.
(2) The result of any
investigation of state finances shall be submitted to the DPR, DPD or DPRD
in line with their
respective authority.
(3) Action following
the result of any such investigation will be taken by representative
institutions
and/or bodies
according to law.
Article 23F
(1) The members of
the BPK shall be chosen by the DPR,
which shall have regard to any
considerations of the
DPD, and will be formally appointed by the President.
(2) The leadership of
the BPK shall be elected by and from the members.
Article 23G
(1) The BPK shall be
based in the capital of the nation, and shall have representation in every
province.
(2) Further
provisions regarding the BPK shall be regulated by law.
Article 24
(1) The judicial
power shall be independent and shall possess the power to organise the
judicature in order
to enforce law and justice.
(2) The judicial
power shall be implemented by a Supreme Court and judicial bodies underneath it
in the form of public
courts, religious affairs courts,
military tribunals, and state administrative
courts, and by a
Constitutional Court.
(3) Other
institutions whose functions have a relation with the judicial powers shall be
regulated
by law.
Article 24A
(1) The Supreme Court
shall have the authority to hear a trial at the highest (cassation) level, to
review ordinances and
regulations made under any law against such law, and shall possess other
authorities as
provided by law.
(2) Each justice of
the Supreme Court must possess integrity and a personality that is not
dishonourable, and
shall be fair, professional, and possess legal experience.
(3) Candidate
justices of the Supreme Court shall be proposed by the Judicial Commission to
the
DPR for approval and
shall subsequently be formally appointed to office by the President.
(4) The Chair and
Vice-Chair of the Supreme Court shall be elected by and from the justices of
the Supreme Court.
(5) The structure,
status, membership, and judicial procedure of the Supreme Court and its
subsidiary bodies of
judicature shall be regulated by law.
Article 24B
(1) There shall be an
independent Judicial Commission which shall possess the authority to
propose candidates
for appointment as justices of the Supreme Court and shall possess further
authority to maintain
and ensure the honour, dignity and behaviour of judges.
(2) The members of
the Judicial Commission shall possess legal knowledge and experience and
shall be persons of
integrity with a personality that is not dishonourable.
(3) The members of
the Judicial Commission shall be appointed and dismissed by the President
with the approval of
the DPR.
(4) The structure,
composition and membership of the Judicial Commission shall be regulated by
law.
Article 24C
(1) The
Constitutional Court shall possess the authority to try a case at the first and
final level and
shall have the final
power of decision in reviewing laws against the Constitution, determining
disputes over the
authorities of state institutions whose
powers are given by this Constitution,
deciding over the
dissolution of a political party, and deciding disputes over the results of
general
elections.
(2) The
Constitutional Court shall possess the authority to issue a decision over an
opinion of the
DPR concerning
alleged violations by the President and /or Vice-President of this
Constitution.
(3) The
Constitutional Court shall be composed of nine persons who shall be
constitutional
justices and who
shall be confirmed in office by the President, of whom three shall be nominated
by the Supreme Court,
three nominated by the DPR, and three
nominated by the President.
(4) The Chair and
Vice-Chair of the Constitutional Court are elected by and from the
constitutional
justices.
(5) Each constitutional
justice must possess integrity and a personality that is not dishonourable,
and shall be fair,
shall be a statesperson who has a command of the Constitution and the public
institutions, and
shall not hold any position as a state official.
(6) The appointment
and dismissal of constitutional justices, the judicial procedure, and other
provisions concerning
the Constitutional Court shall be regulated by law.
Article 25
The appointment and
dismissal of judges shall be regulated by law.
Chapter IXA
State Territory
Article 25A
The Unitary State of
the Republic of Indonesia is an archipelagic state, the boundaries and rights
of whose territory
shall be established by law.
Chapter X
Citizens and
Residents
Article 26
(1) Citizens shall
consist of indigenous Indonesian peoples and persons of foreign origin who
have been legalised
as citizens in accordance with law.
(2) Residents shall
consist of Indonesian citizens and foreign nationals living in Indonesia.
(3) Matters
concerning citizens and residents shall be regulated by law.
Article 27
(1) All citizens
shall be equal before the law and the government and shall be required to
respect
the law and the
government, with no exceptions.
(2) Every citizen
shall have the right to work and to earn a humane livelihood.
(3) Each citizen
shall have the right and duty to participate in the effort of defending the
state.
Chapter XA
Human Rights
Article 28
The freedom to
associate and to assemble, to express written and oral opinions, etc., shall be
regulated by law.
Article 28A
Every person shall
have the right to live and to defend his/her life and existence.
Article 28B
(1) Every person
shall have the right to establish a family and to procreate based upon lawful
marriage.
(2) Every child shall
have the right to live, to grow and to develop, and shall have the right to
protection from
violence and discrimination.
Article 28C
(1) Every person
shall have the right to develop him/herself through the fulfilment of his/her
basic
needs, the right to
get education and to benefit from science and technology, arts and culture, for
the purpose of
improving the quality of his/her life and for the welfare of the human race.
(2) Every person
shall have the right to improve him/herself through collective struggle for
his/her
rights to develop
his/her society, nation and state.
Article 28D
(1) Every person
shall have the right of recognition, guarantees, protection and certainty
before a
just law, and of
equal treatment before the law.
2) Every person shall
have the right to work and to receive fair and proper remuneration and
treatment in
employment.
(3) Every citizen
shall have the right to obtain equal
opportunities in government.
(4) Every person
shall have the right to citizenship status.
Article 28E
(1) Every person
shall be free to choose and to practice the religion of his/her choice, to
choose
one's education, to
choose one's employment, to choose one's citizenship, and to choose one's
place of residence
within the state territory, to leave it
and to subsequently return to it.
(2) Every person
shall have the right to the freedom to believe his/her faith (kepercayaan), and
to
express his/her views
and thoughts, in accordance with his/her conscience.
(3) Every person
shall have the right to the freedom to associate, to assemble and to express
opinions.
Article 28F
Every person shall
have the right to communicate and to obtain information for the purpose of the
development of
his/her self and social environment, and shall have the right to seek, obtain,
possess, store,
process and convey information by employing all available types of channels.
Article 28G
(1) Every person
shall have the right to protection of his/herself, family, honour, dignity, and
property, and shall
have the right to feel secure against and receive protection from the threat of
fear to do or not do
something that is a human right.
(2) Every person
shall have the right to be free from torture or inhumane and degrading
treatment, and shall
have the right to obtain political asylum from another country.
Article 28H
(1) Every person
shall have the right to live in physical and spiritual prosperity, to have a
home
and to enjoy a good
and healthy environment, and shall have the right to obtain medical care.
(2) Every person
shall have the right to receive facilitation and special treatment to have the
same
opportunity and
benefit in order to achieve equality and fairness.
(3) Every person
shall have the right to social security
in order to develop oneself fully as a
dignified human
being.
(4) Every person
shall have the right to own personal property, and such property may not be
unjustly held
possession of by any party.
Article 28I
(1) The rights to
life, freedom from torture, freedom of thought and conscience, freedom of
religion, freedom
from enslavement, recognition as a person before the law, and the right not to
be tried under a law
with retrospective effect are all human rights that cannot be limited under any
circumstances.
(2) Every person
shall have the right to be free from discriminative treatment based upon any
grounds whatsoever
and shall have the right to protection
from such discriminative treatment.
(3) The cultural
identities and rights of traditional communities shall be respected in
accordance
with the development
of times and civilisations. (4) The
protection, advancement, upholding and fulfilment of human rights are the
responsibility
of the state,
especially the government.
(5) For the purpose
of upholding and protecting human rights in accordance with the principle of a
democratic and
law-based state, the implementation of human rights shall be guaranteed,
regulated and set
forth in laws and regulations.
Article 28J
(1) Every person
shall have the duty to respect the human rights of others in the orderly life
of the
community, nation and
state.
(2) In exercising
his/her rights and freedoms, every
person shall have the duty to accept the
restrictions
established by law for the sole purposes of guaranteeing the recognition and
respect
of the rights and
freedoms of others and of satisfying just demands based upon considerations of
morality, religious
values, security and public order in a democratic society.
Chapter XI
Religion
Article 29
(1) The State shall
be based upon the belief in the One and Only God.
(2) The State
guarantees all persons the freedom of worship, each according to his/her own
religion or belief.
Chapter XII
State Defence and
Security
Article 30
(1) Every citizen
shall have the right and duty to participate in the defence and security of the
state.
(2) The defence and
security of the state shall be conducted through the total people's defence
and security system,
with the Indonesian National Military (TNI) and the Indonesian National
Police (POLRI) as the
main force, and the people as the
supporting force.
(3) TNI, consisting
of the Army, Navy and Air Force, as an instrument of the state has the duty to
defend, protect, and
maintain the integrity and sovereignty of the state.
(4) POLRI, as an
instrument of the state that maintains public order and security, has the duty
to
protect, guard, and
serve the people, and to uphold the law.
(5) The structure and
status of TNI and POLRI, the authority relationships between TNI and
POLRI in performing
their respective duties, the conditions concerning the participation of
citizens
in the defence and
security of the state, and other matters related to defence and security, shall
be regulated by law.
Chapter XIII
Education
Article 31
(1) Every citizen has
the right to receive education.
(2) Every citizen has
the obligation to undertake basic education, and the government has the
obligation to fund
this.
(3) The government
shall manage and organise one system of
national education, which shall
increase the level of
spiritual belief, devoutness and moral character in the context of developing
the life of the
nation and shall be regulated by law.
(4) The state shall prioritise the budget for education to a minimum of
20% of the State Budget
and of the Regional
Budgets to fulfil the needs of implementation of national education.
(5) The government
shall advance science and technology with the highest respect for religious
values and national
unity for the advancement of civilisation and prosperity of humankind.
Article 32
(1) The state shall
advance the national culture of Indonesia among the civilisations of the world
by assuring the
freedom of society to preserve and to develop cultural values.
(2) The state shall
respect and preserve local languages as national cultural treasures.
Chapter XIV
The National Economy
and Social Welfare
Article 33
(1) The economy shall
be organized as a common endeavour based upon the principles of the
family system.
(2) Sectors of
production which are important for the country and affect the life of the
people shall
be under the powers
of the State.
(3) The land, the waters
and the natural resources within shall be under the powers of the State
and shall be used to
the greatest benefit of the people.
(4) The organisation
of the national economy shall be conducted on the basis of economic
democracy upholding
the principles of togetherness, efficiency with justice, continuity,
environmental
perspective, self-sufficiency, and keeping a balance in the progress and unity
of
the national economy.
(5) Further
provisions relating to the implementation of this article shall be regulated by
law.
Article 34
(1) Impoverished
persons and abandoned children shall be taken care of by the State.
(2) The state shall
develop a system of social security for all of the people and shall empower the
inadequate and
underprivileged in society in accordance with human dignity.
(3) The state shall
have the obligation to provide sufficient medical and public service
facilities.
(4) Further
provisions in relation to the implementation of this Article shall be regulated
by law.
Chapter XV
National Flag,
Language, Coat of Arms and Anthem
Article 35
The national flag of
Indonesia shall be the Red and White (Sang Merah Putih).
Article 36
The national language
shall be Indonesian (Bahasa Indonesia).
Article 36A
The national coat of
arms shall be the Pancasila eagle (Garuda Pancasila) with the motto Unity in
Diversity (Bhinneka
Tunggal Ika).
Article 36B
The national anthem
shall be Indonesia Raya.
Article 36C
Further provisions
regarding the national flag, language, coat of arms and anthem shall be
regulated by law.
Chapter XVI
Constitutional
Amendments
Article 37
(1) A proposal to
amend the Articles of this Constitution may be included in the agenda of an
MPR session if it is
submitted by at least 1/3 of the total
MPR membership.
(2) Any proposal to
amend the Articles of this Constitution shall be introduced in writing and must
clearly state the
articles to be amended and the reasons for the amendment.
(3) To amend the
Articles of this Constitution, the session of the MPR requires at least 2/3 of
the
total membership of
the MPR to be present.
(4) Any decision to
amend the Articles of this Constitution shall be made with the agreement of at
least fifty per cent
plus one member of the total membership of the MPR.
(5) Provisions
relating to the form of the unitary state of the Republic of Indonesia may not
be
amended.
Transitional
Provisions
Article I
All existing state
institutions shall remain in place in order to implement the provisions of this
Constitution as long
as new state institutions are not yet established in conformity with this
Constitution.
Article II
All existing laws and
regulations shall remain in effect as long as new laws and regulations have
not yet taken effect
under this Constitution.
Article III
The Constitutional
Court shall be established at the latest by 17 August 2003, and the Supreme
Court shall undertake
its functions before it is established.
Additional Provisions
Article I
The MPR is tasked to
undertake a review of the content and the legal status of the Decrees
(TAP) of the MPRS and
the MPR for decision by the MPR at its session in 2003.
Article II
With the enactment of
this Amendment to the Constitution, the Constitution of the State of the
Republic of Indonesia
shall consist of the Preamble and the Articles.
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