Constitution of Indonesia
The State Constitution of the Republic of Indonesia of 1945 is the basis for the government of Indonesia. The constitution was written in June 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 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 and judicial powers. The governmental system has been described as "presidential with parliamentary characteristics." 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, occupied it for the duration of World War II.
The territory fell under the jurisdiction of the Japanese Southern Expeditionary Army Group, 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", including part of "Borneo" was under the Imperial Japanese Navy; as the Japanese military position became untenable 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, for Java; the 25th Army established a BPUPK for Sumatra. No such organisation existed for the remainder of Indonesia; the BPUPK in Java, when established, consisted of 62 members, but there were 68 in the second session. It was chaired by Dr Radjiman Wedyodiningrat; the future president Sukarno and vice-president Mohammad Hatta were among its members.
It met in the building, used by the Dutch colonial quasi-parliament, the Volksraad in central Jakarta. It held two sessions, 29 May – 1 June and 10–17 July 1945; the first session discussed general matters, including the philosophy of the state for future independent Indonesia, Pancasila. The philosophy was formulated by nine members of the BPUPK: Soekarno, Yamin, Soebardjo, Wahid Hasjim, Agus Salim and Abikoesno; the outcome was something of a compromise, included an obligation for Muslims to follow Sharia, the so-called Piagam Jakarta which changed to the current version of Pancasila. The second session produced a provisional constitution made up of 37 articles, 4 transitory provision and 2 additional provision; the nation would be a republic. On 26 July 1945, the Allies called for the unconditional surrender of Japan in the Potsdam Declaration; the Japanese authorities, realising they would lose the war, began to make firm plans for Indonesian independence, more to spite the Dutch than anything else.
On 6 August, an atomic bomb was dropped on Hiroshima. On 7 August, the Nanpo Gun headquarters announced that an Indonesian leader could enact a body called the Preparatory Committee for Indonesian Independence; the dropping of a second atomic bomb on Nagasaki, 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, the PPKI met the following day. In the meeting chaired by Sukarno, the 27 members, including Hatta, 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 became the preambule of the constitution, 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 officially adopted the Constitution. The 1945 Constitution 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. In 1955 elections were held for the People's Representative Council as well as for a Constitutional Assembly to draw up a definitive constitution. However, this became bogged down in disputes between nationalists and Islamists over the role of Islam in Indonesia. Sukarno became 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. On 5 July 1959 President Sukarno issued a decree dissolving the assembly and returning to the 1945 Constitution. Suharto, who became president in 1968, refused to countenance any changes to the Constitution despite the fact that Sukarno had viewed it as a provisional document.
In 1983, the
Subdivisions of Indonesia
Indonesia is divided into provinces. Provinces are made up of cities. Provinces and cities have their own local governments and parliamentary bodies. Since the enactment of Law Number 22 Year 1999 regarding Local Government, local governments now play a greater role in administering their areas. Foreign policy, system of law, monetary policy, remain the domain of the national government. Since 2005, heads of local government have been directly elected by popular election. A province is headed by a governor; each province has its own regional assembly, called Dewan Perwakilan Rakyat Daerah. Governors and representative members are elected by popular vote for five-year terms. Indonesia is divided into 34 provinces. Eight provinces have been created since 2000. Five provinces have special status: Aceh (also known as Nanggroe Aceh Darussalam, has greater role in local government, which includes its own Islamic Sharia law and provincial anthem, local political parties are allowed, decisions or laws made by the central government which directly affect Aceh's administration must be referred to the local government or legislative body.
Yogyakarta Special Region. The Sultan of Yogyakarta is de facto and de jure governor of Yogyakarta since he is given priority when electing the governor. For centuries, the Sultanate of Yogyakarta has reigned in the region; however the central government proposed a law that required the governor to be popularly elected as in the other provinces, while still giving the sultan significant political power. Since 31 August 2012 The Law of Specialty of Yogyakarta Special Region has been approved by Central Government and according to the Law, Yogyakarta refuses to be a province but it is a region at province-level. Papua, since 2001 local government has a greater role; the governor is required to be of Papuan origins. West Papua, has the same status as Papua. Jakarta Special Capital Region, is the capital of Indonesia; the Governor of Jakarta has the power to appoint and dismiss mayors and regent within the Jakarta Special Capital Region. The local government is allowed to co-operate with other cities from other countries.
Regency and city, collectively known as "Daerah Tingkat II" is a local level of government beneath the provincial level. However, they enjoy greater decentralisation of affairs than the provincial body, such as provision of public schools and public health facilities. Both regency and city are at the same level; the difference between a regency and a city lies in differing demographics and economics. The regency has a larger area than the city, the city has non-agricultural economic activities. A regency is headed by a regent, a city is headed by a mayor; the regent or mayor and the representative council members are elected by popular vote for a term of 5 years. Regencies and cities are divided into: Kecamatan headed by a camat. A camat is a civil servant, responsible to the mayor. Kecamatan are found in most parts of Indonesia. Distrik headed by a kepala distrik. Distrik are only found in the provinces of Papua and West Papua and are the equivalent of kecamatan in the rest of Indonesia. Kecamatan and distrik are divided into kelurahan.
Both desa and kelurahan are of a similar division level, but a desa enjoys more power in local matters than a kelurahan. An exception is Aceh, where districts are divided into mukim before being subdivided further into gampong. In Indonesian, as in English, a village has rural connotations. In the context of administrative divisions, a desa can be defined as a body which has authority over the local people in accordance with acknowledged local traditions of the area. A desa is headed by a "head of village", elected by popular vote. Most Indonesian villages use the term "desa", but other terms are used in some regions: Gampong in Aceh Nagari in West Sumatra Dusun in Bungo Regency Kampung in some places in Indonesia:Lampung East Kalimantan Papua West Papua Pekon in Pringsewu and West Lampung regencies In Bali, there are two forms of "desa", i.e. desa dinas and desa adat. Desa dinas deals with administrative functions, while desa adat deals with religious and cultural functions. Lembang in Toraja and North Toraja regencies Although desa and kelurahan are part of a district, a kelurahan has less autonomy than a desa.
A kelurahan is headed by a lurah. Lurahs are civil servants; the following table lists the number of current provinces and cities in Indonesia. List of Indonesian floral emblems
Retno Lestari Priansari Marsudi is an Indonesian diplomat and the Minister for Foreign Affairs in the Working Cabinet. She is the first female minister appointed to the post, she was the Indonesian Ambassador to the Netherlands from 2012 to 2014, as well as Ambassador to Iceland and Norway from 2005 to 2008. Born in Semarang, Marsudi graduated from SMA 3 Semarang and continued her study in International Relations, to which she graduated from Gadjah Mada University in 1985, she pursued a Master's degree in International European Law & Policy at The Hague University of Applied Science and followed the Foreign Ministry training program at the Netherlands Institute of International Relations Clingendael. Retno joined the Ministry of Foreign Affairs from university. Between 1997 and 2001, Marsudi served as First Secretary for Economic Affairs at the Indonesian Embassy in The Hague, Netherlands. In 2001, she was appointed as Director of America Affairs. Marsudi was promoted to Director of West Europe Affairs in 2003.
In 2005, she was appointed as the Indonesian Ambassador to Iceland. During her tenure, she was awarded the Royal Norwegian Order of Merit in December 2011, the first Indonesian to receive the award, she briefly took up study of human rights at the University of Oslo. Marsudi was appointed Director General for European and American Affairs. Marsudi was appointed as Indonesian Ambassador to the Netherlands in 2012, she has led various multilateral negotiations and bilateral consultations with the EU, ASEM, FEALAC. On 27 October 2014, she was appointed Minister of Foreign Affairs by President Joko Widodo in his Working Cabinet. Grand Cross of the Royal Norwegian Order of Merit Grand Cross of the Order of the Sun of Peru List of foreign ministers in 2017 List of current foreign ministers List of female foreign ministers
An insular area of the United States is a U. S. territory, neither a part of one of the 50 states nor of a Federal district. Article IV, Section 3, Clause 2 of the United States Constitution grants to United States Congress the responsibility of overseeing these territories, of which there are 14—three in the Caribbean Sea and 11 in the Pacific Ocean; these territories are classified by whether they are incorporated and whether they have an organized territorial government established by the U. S. Congress through an Organic Act. All territories but one are unincorporated, all but four are considered to be unorganized. Five U. S. territories have a nonmilitary population. Each of them has a civilian government, a constitution, enjoys some degree of local political autonomy. Congress has extended citizenship rights by birth to all inhabited territories except American Samoa, these citizens may vote and run for office in any U. S. jurisdiction in which they are residents. The people of American Samoa are U.
S. nationals by place of birth, or they are U. S. citizens by naturalization after residing in a State for three months. Nationals are free to move around and seek employment within the United States without immigration restrictions, but cannot vote or hold office outside American Samoa. Residents of the five major populated insular areas do not pay U. S. federal income taxes but are required to pay other U. S. federal taxes such as import and export taxes, federal commodity taxes, social security taxes, etc. Individuals working for the federal government pay federal income taxes while all residents are required to pay federal payroll taxes. According to IRS Publication 570, income from other U. S. Pacific Ocean insular areas is taxable as income of United States residents; the U. S. State Department uses the term insular area to refer not only to territories under the sovereignty of the United States, but those independent nations that have signed a Compact of Free Association with the United States.
While these nations participate in many otherwise domestic programs, full responsibility for their military defense rests with the United States, they are distinct from the United States and their inhabitants are neither U. S. citizens nor nationals. The following islands, or island groups, are considered insular areas: None One Palmyra Atoll U. S. Territory of Palmyra Island Four Guam Northern Mariana Islands Puerto Rico United States Virgin Islands One American Samoa Ten Baker Island Howland Island Jarvis Island Johnston Atoll Kingman Reef Midway Atoll Navassa Island Wake Island Serranilla Bank Bajo Nuevo Bank Three Federated States of Micronesia Marshall Islands Palau Panama Canal Zone Philippines Dependent territory Guano Islands Act Guantanamo Bay Insular Cases Political divisions of the United States Territorial acquisitions of the United States Territories of the United States on stamps Office of Insular Affairs Department of the Interior Definitions of Insular Area Political Types Rubin, Richard, "The Lost Islands", The Atlantic Monthly, February 2001 Chapter 7: Puerto Rico and the Outlying Areas, U.
S. Census Bureau, Geographic Areas Reference Manual
Vice President of Indonesia
The Vice President of the Republic of Indonesia is the first in the line of succession in the Republic of Indonesia. The Indonesian Vice Presidency was established during the formulation of the 1945 constitution by the Investigating Committee for Preparatory Work for Independence; the office was first filled on 18 August 1945. The election was conducted by the Committee for the Preparation of Indonesian Independence because the body responsible for the Vice-Presidential elections, the People's Consultative Assembly, had not been formed yet. In the early days of the Republic, the office of Vice-President showed. On 16 October 1945, Hatta announced a Vice-Presidential decree which turned the Central National Committee of Indonesia equal status with that of the President; as a result of this decree, the KNIP was able to separate the role of Head of State and Head of Government on 11 November 1945. Although a new constitution had not been set up yet, Indonesia was now a de facto Parliamentary Democracy.
During the Indonesian National Revolution, both Hatta and Sukarno were captured by the Dutch in Yogyakarta on 18 December 1948. Together with Sukarno, Hatta gave mandate for Syafruddin Prawiranegara to form an emergency Government; this was done and the Emergency Government of the Republic of Indonesia was formed in Sumatra with Prawiranegara as Chairman. Prawiranegara handed back his mandate to Sukarno and to Hatta on 13 July 1949. Now an independent nation, Indonesia adopted the Provisional Constitution, a document which defined the President's role as a ceremonial Head of State whose role was to appoint a Prime Minister on the advice of formateurs. Although the Vice Presidency continued to exist, the form of Government was now a Parliamentary Democracy and there was not a significant role for the Vice-President to play. On 1 December 1956 because of his differences with Sukarno, Hatta resigned from the Vice Presidency. For the next 17 years, the Vice Presidency remain vacant. In December 1965, there were calls for a Vice-President to be named to assist President Sukarno during the times of uncertainty.
The idea did not gain momentum and the Vice Presidency continued to remain vacant as the Presidency passed over from Sukarno to General Suharto. In March 1973, the Vice Presidency vacancy was filled by Hamengkubuwono IX when he was elected by the MPR. After Hamengkubuwono IX and throughout the New Order, the Vice Presidency were successively held by Adam Malik, Umar Wirahadikusumah, Try Sutrisno, BJ Habibie. During his time as President, Suharto would reduce the Vice Presidency to a sinecure. A Vice-President was reduced to making sure that Government policy was being implemented and attending ceremonies; the Vice-President did not take on Presidential duties when Suharto was either out of the country or ill. The office would derogatorily be known as Ban Serep. Despite being a figurehead role, the Vice Presidency twice became a source of controversy with Sudharmono having to face various obstacles en route to being Vice-President in 1988 and Try being preemptively nominated in 1993. With Suharto's fall in May 1998 and Habibie's accession to the Presidency, the Vice Presidency once again became vacant.
In October 1999, Megawati Sukarnoputri was elected as Vice-President and the office began to gain significance. Megawati was delegated genuine tasks to do and in 2000, she became responsible for the day-to-day running of the Government. During the 2001 MPR Annual Session, it was decided that from 2004 onwards, the Vice-President, together with the President, will directly be elected by the people; the substantial role that the Vice Presidency is now going to have was evident in the way in which the 2004 Presidential Candidates chose their running mates. At the end, Jusuf Kalla became Indonesia's first directly elected Vice-President; the 1945 Constitution: The Vice-Presidential candidate has to be of Indonesian origins. The Provisional Constitution: The Vice-Presidential candidate has to be an Indonesian citizen aged at least 30 years old, he cannot be someone, deemed to be undesirable or has had his right to take part in elections stripped. He is required to not be involved with any private corporations.
The Amended 1945 Constitution: The Vice-Presidential candidate has to be an Indonesian citizen since his/her birth, who has not willingly become a citizen in another nation, has not betrayed the nation, is physically and mentally capable of performing the duties. Amended Constitution states that further criteria will be determined by laws; the Vice-President is required to be nominated by a Political Party or a coalition of Political Parties. 2008 Law No. 42 about Presidential and Vice-Presidential Election: The Vice-Presidential candidate must be: Believe in the one and only God.
People's Consultative Assembly
The People's Consultative Assembly of the Republic of Indonesia is the legislative branch in Indonesia's political system. It is composed of the members of the People's Representative Council and the Regional Representative Council. Before 2004, the amendments to the 1945 Constitution, the MPR was the highest governing body in Indonesia. In accordance with Law No. 16/1960, the assembly was formed after the general election in 1971. It was decided at that time; the 920 membership of MPR continued for the terms of 1977–1982 and 1982–1987. For the terms 1987–1992, 1992–1997, 1997–1999 the MPR's membership became 1000. One hundred members were appointed representing delegations from groups as addition to the faction delegates of Karya Pembangunan, Partai Demokrasi Indonesia, Persatuan Pembangunan, military. For the term of 1999–2004 the membership of MPR was 700 (462 civilians and 38 from military and police which formed the DPR, 135 from each of the 27 provinces which formed the Regional Delegations Faction, 65 to form the Groups Delegations Faction.
It was reduced to 688 in 2004 due to exclusion of active military and police officers and Groups Emissary Faction, as well as reassignment of Regional Delegations Faction to the newly-formed DPD and restructuring the numbers to 128 from each of the 32 provinces. Due to addition of West Papua since the 2009 election, the number of DPD senators became 132. For the 2014–2019 term there are 560 DPR members and 132 senators, resulting in 692 members of the MPR. On 18 August 1945, the Preparatory Committee for Indonesian Independence approved a new constitution for the country, it was, difficult to implement because of the unsettled postwar conditions. The Preparatory Committee therefore decided to instead implement a document titled The Four Clauses of Transition Regulations. Clause IV of those regulations stated that until permanent governing bodies could be established all governmental powers would be held by the President with the assistance of a National Committee. On 29 August 1945, the Central Indonesian National Committee was set up, with membership drawn from leaders of communities from various regions as well from the Preparatory Committee.
On 16 October 1945, Vice President Mohammad Hatta issued a decree that outlined the function and authority of the KNIP. In addition to the assisting the President, the committee would perform legislative duties until an MPR and DPR could be formed. In taking on the functions of the MPR, the KNIP was responsible for creating the Broad Outlines of Government Policy; the role which KNIP played would provide a rough outline of the duties which the Preparatory Committee would perform. On 27 December 1949, Indonesia's independence was recognised by the Dutch Government, the search was on for a form of government that would suit Indonesia. From that year until 17 August 1950, Indonesia was known as the United States of Indonesia and had a federal system of government. Under the constitution of the RIS, the MPR was not recognised as the highest state institution, it ceased to function. On 17 August 1950, the RIS ceased to exist, Indonesia changed its name to the Unitary State of the Republic of Indonesia.
Parliamentary democracy was the form of government adopted by the newly re-formed nation. It operated under a provisional constitution that did not recognise the MPR; as a result of the 1955 legislative elections, however, a new DPR was formed. In December 1955, a government body called the Constitutional Assembly of Indonesia was formed, its duty was to draft a new constitution for Indonesia; the Constitutional Assembly could not agree on a constitution, by 1959, the government was demanding a return to the 1945 constitution. On 5 July 1959, President Sukarno, who until had played the role of ceremonial Head of State intervened. In a decree, he dissolved the Constitutional Assembly and declared that the 1945 Constitution would thenceforth be in force and that the Provisional Constitution was void. With the return to the 1945 Constitution, the MPR was once again recognised as the highest governing body in the land. After issuing the decree, Sukarno set to work in establishing an MPR, although it would be dubbed the Provisional People's Consultative Assembly.
Sukarno had envisaged a legislative election to be held to replace the MPRS with a proper MPR, but that vote was delayed until 1971 under President Suharto's rule. The MPRS during the Guided Democracy era numbered 616 members, it consisted of the 257 DPR members, 241 Representatives of the Functional Groups, 118 Regional Representatives. The MPRS was subservient to Sukarno, with the President deciding everything from the number of seats to the appointment of additional members and the choice of the body's Chairman and Vice Chairmen; the MPRS held its first General Session in West Java from 10 November to 7 December. Its main resolution was the adoption of Sukarno's political manifesto as the GBHN and the broad outlines of an eight-year Development Plan, set to start in 1961; the second General Session was held in Bandung from 15 May to 22 May 1963. It was at this General Session that Sukarno was elected'President for Life', a major breach to the Constitution; the MPRS held its third General Session in Bandung from 11 to 15 April 1965.
This General Session further entrenched Sukarno's ideol
Constitutional Court of Indonesia
The Constitutional Court of the Republic of Indonesia is an court in Indonesia which part of Judicial branch of Government of Indonesia, whose primary role is the reviewing of constitutionality under the Constitution. It has administrative law functions such as ruling on competence disputes between governmental entities, giving final decisions on impeachments, making judgments on the dissolution of political parties, it was established as a consequence of the third amendment to the Constitution of Indonesia, ratified by the People's Consultative Assembly on 9 November 2001. Between the adoption of the third Constitutional amendment and the establishment of the Constitutional Court, the duties of the Constitutional Court were carried out by the Supreme Court. Between the adoption of the third Constitutional amendment and the establishment of the Constitutional Court, the duties of the Constitutional Court were carried out by the Supreme Court. In August 2003, the People's Consultative Assembly passed the Constitutional Court Act and the nine justices were appointed on 15 August.
They were sworn in the following day. On 15 October 2003, the Supreme Court handed over authority, marking the start of the Constitutional Court's activities; the nine founding judges were: Prof. Dr Jimly Asshiddiqie from the University of Indonesia Dr Harjono from Airlangga University, Surabaya I Dewa Gede Palguna from Udayana University, Denpasar Dr Mohammad Laica Marzuki, a former judge of the Supreme Court Maruarar Siahaan, former chairman of the High Court of Bengkulu Soedarsono, former chairman of the Administrative High Court of Surabaya Prof. Mukthie Fajar from Brawijaya University, Malang Prof. H. A. S. Ahmad Natabaya from Sriwijaya University, Palembang Lieutenant General Roestandi. For the first time, a prominent scholar, involved in the process of discussing amendments to the Indonesian constitution and with the introduction of the idea of the constitutional court, Prof. Dr Jimly Asshiddiqie was elected the first chief judge. With the successful completion of his first period on the court, he was re-elected as the chief judge for a second term of 2006-2009.
He resigned from the court after finishing his first five-year term of office. After the completion of this first five years periode, the Constitutional Court has been considered one of the icon of Indonesian reform success story, together with the Anti Corruption Eradication Commission; the leadership of the court continued under Prof. Dr Mohammad Mahfud, a senior politician of National Awakening Party and member of parliament; the constitutional court has five jurisdictions: Constitutional review of legislation Disputes about constitutional competence between state institutions Disputes about electoral results Dissolution of political parties Impeachment of the President or Vice President of IndonesiaWith the establishment of the court, the aim is to safeguard democracy and the constitution according to the principle of rule of law, the constitutional rights of the people and human rights can be protected accordingly. The high-profile performance of the constitutional court has made it a respected institution in Indonesia.
During the general election and the first presidential election in 2004, the role taken by the constitutional court was appreciated by the people. Many landmark decisions have been made in the fields of politics and economic law since its first year of establishment; the rehabilitation of the political rights of former members of communist party, the prohibition of retroactive law of anti-terrorism, the abolition of articles of subversive law and of defamation against presidential institution, etc. are among the landmark decisions which made it influential in guiding the new democracy of Indonesia. Public interest in the court has included discussion of the appointment processes of judges. In mid-2011 the Indonesian parliament approved certain changes to the 2003 Constitutional Court Law that established the Constitutional Court; the revisions approved include changes to the arrangements for the Court's ethics council, a strengthening of the qualifications and experience required for the appointment of justices, a reduction in the term of the Court's chair and deputy chair, raising the mandatory retirement age for justices from 67 years to 70 years.
The proposal to change the arrangements for the membership of the Court's ethics council was a controversial issue with the first chief judge of the court, Jimly Asshiddiqie, describing the planned changes as "frivolous." In October 2013, in a move designed to improve the standards of appointment of justices to the Court following the arrest of the then-chief justice Akil Mochtar, president Susilo Bambang Yudhoyono issued a regulation-in-lieu-of-law. The Perppu set out new arrangements relating to the processes of selection of justices. Under the proposed arrangements, a Constitutional Court justice is not to have had links to a political party for at least seven years and would have to undergo screening by an independent selection panel. In addition, a permanent ethics committee was be established to monitor the performance of the Court. On 19 December 2013 the Indonesian parliament endorsed the Perppu; the court has the same legal standing as the Supreme Court. Its powers, set out in article 24C of the Constitution, include the final say in reviewing laws concerning the Constitution, disputes over the authority of state insti