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Certified translation of the 1945 Constitution of the Republic of Indonesia
http:/ / indonesia. ahrchk. net/ news/ mainfile. php/ Constitution/ 34/ ?alt=english
f irst adopt ed August 18, 1945 - superseded 1949-1959 - rest ored 1959
consolidated
as amended by t he First Amendment (19 Oct ober 1999), t he Second Amendment (18 August 2000), t he
Third Amendment (9 November 2001) and t he Fourt h Amendment (11 August 2002).
The Constitution of the Republic of Indonesia of 1945
PREAMBLE
Whereas independence is a genuine right of all nat ions and any f orm of alien occupat ion should t hus
be erased f rom t he eart h as not in conf ormit y wit h humanit y and j ust ice,
Whereas t he st ruggle of t he Indonesian independence movement has reached t he blissf ul point of
leading t he Indonesian people saf ely and well bef ore t he monument al gat e of an independent
Indonesian St at e which shall be f ree, unit ed, sovereign, j ust and prosperous,
By t he grace of God Almight y and urged by t he lof t y aspirat ion t o exist as a f ree nat ion,
Now t heref ore, t he people of Indonesia declare herewit h t heir independence,
Pursuant t o which, in order t o f orm a Government of t he St at e of Indonesia t hat shall prot ect t he
whole people of Indonesia and t he ent ire homeland of Indonesia, and in order t o advance general
prosperit y, t o develop t he nat ion's int ellect ual li f e, and t o cont ribut e t o t he implement at ion of a
world order based on f reedom, last ing peace and social j ust ice, Indonesia's Nat ional Independence
shall be laid down in a Const it ut ion of t he St at e of Indonesia, which is t o be est ablished as t he St at e
of t he Republic of Indonesia wit h sovereignt y of t he people and based on t he belief in t he One and
Only God, on j ust and civilized humanit y, on t he unit y of Indonesia and on democrat ic rule t hat is
guided by t he st rengt h of wisdom result ing f rom deliberat ion / represent at ion, so as t o realize social
j ust ice f or all t he people of Indonesia.
THE CONSTITUTION
SECTION I
FORM AND SOVEREIGNTY
Article 1
(1) The St at e of Indonesia shall be a unit ary st at e, wit h t he f orm of a Republic.
(2) Sovereignt y is vest ed in t he people and implement ed pursuant t o t he Const it ut ion. ***
(3) The St at e of Indonesia is a st at e based on t he rule of law. ***
SECTION II
MAJELIS PERMUSYAWARATAN RAKYAT
Article 2
(1) The MPR consist s of t he members of t he DPR and t he members of t he DPD who are chosen t hrough
general elect ions and f urt her regulat ed by law. ****
(2) The MPR shall convene at least once every f ive years in t he capit al of t he st at e.
(3) All decisions of t he MPR shall be t aken by maj orit y vot e.
Article 3
(1) The MPR has t he aut horit y t o amend and t o ordain t he Const it ut ion. ***
(2) The MPR inst alls t he President and/ or t he Vice President . ***/ ****
(3) The MPR may only dismiss t he President and/ or Vice President during t heir t erm of of f ice in
accordance wit h t he Const it ut ion. ***/ ****
SECTION III
THE STATE'S EXECUTIVE POWERS
Article 4
(1) The President of t he Republic of Indonesia shall hold t he power of government in accordance wit h
t he Const it ut ion.
(2) In exercising his dut ies, t he President shall be assist ed by a Vice President .
Article 5
(1) The President is ent it led t o submit bills t o t he DPR. *
(2) The President shall issue government regulat ions t o implement laws as needed.
Article 6
(1) A President ial candidat e and a Vice President ial candidat e has t o be an Indonesian cit izen f rom
birt h, who has never received anot her nat ionalit y of his own volit ion, who has never bet rayed t he
count ry, and who is ment ally and physically capable of carrying out his dut ies as President or Vice
President . ***
(2) The requirement s t o become President and Vice President are f urt her regulat ed by law. ***
Article 6A
(1) The President and t he Vice President shall be elect ed as a pair by t he people direct ly. ***
(2) Each pair f or President and Vice President shall be proposed prior t o general elect ions by a
polit ical part y or by a coalit ion of polit ical part ies cont est ing t he general elect ions. ***
(3) The pair of President ial and Vice President ial candidat es t hat receives more t han f if t y percent of
t he vot e f rom t he t ot al of vot es in t he general elect ion wit h at least t went y percent of t he vot e in
more t han half of t he t ot al number of provinces in Indonesia, shall be inst alled as President and Vice
President . ***
(4) In t he event t hat no pair f or President ial and Vice President ial candidat es is elect ed, t he t wo pairs
of candidat es who have received t he f irst and second highest number of vot es in t he general elect ion
shall be submit t ed t o direct elect ion by t he people and t he pair t hat get s most of t he vot es shall be
inst alled as President and Vice President . ****
(5) The procedure t o organize t he elect ion f or President and Vice President shall be f urt her regulat ed
by law. ***
Article 7
The President and Vice President hold of f ice f or a t erm of f ive years and can af t erwards be elect ed t o
t he same of f ice, f or one ot her t erm only. *
Article 7A
The President and/ or Vice President may be dismissed f rom of f ice by t he MPR based on a proposal
f rom t he DPR, eit her when proven guilt y of violat ing t he law by bet rayal of t he st at e, of corrupt ion,
of bribery, of any ot her f elony, or because of disgracef ul behavior, as well as when proven no longer
t o f ulf ill t he condit ions as President and/ or Vice President . ***
Article 7B
(1) A proposal t o dismiss t he President and/ or Vice President can only be submit t ed by t he DPR t o t he
MPR af t er f iling f irst a request t o t he Const it ut ional Court t o invest igat e, t o bring t o t rial and t o pass
j udgment over t he DPR's view t hat t he President and/ or Vice President has violat ed t he law by
bet rayal of t he st at e, t hrough corrupt ion, bribery, any ot her f elony, or by disgracef ul behavior;
and/ or over t he view t hat t he President and/ or Vice President is no longer capable of f ulf illing t he
condit ions as President and/ or Vice President . ***
(2) The DPR's view t hat t he President and/ or Vice President has commit t ed such a crime or is no
longer capable of f ulf illing t he condit ions as President and/ or Vice President is t o be seen in t he
f ramework of t he DPR implement ing it s supervisory f unct ion. ***
(3) The DPR's request t o t he Const it ut ional Court can only be submit t ed if support ed by at least 2/ 3 of
all DPR members present in a plenary session t hat is at t ended by at least 2/ 3 of t he t ot al number of
members in t he DPR. ***
(4) The Const it ut ional Court must invest igat e, bring t o t rial and pass t he f airest j udgment possible
over t he DPR's view at t he lat est ninet y days af t er t he DPR's request was received by t he
Const it ut ional Court . ***
(5) In t he event t hat t he Const it ut ional Court resolves t hat t he President and/ or Vice President is
proven guilt y of violat ing t he law by bet rayal of t he st at e, of corrupt ion, of bribery, of any ot her
f elony, or because of disgracef ul behavior; and/ or if proven t hat t he President and/ or Vice President
is no longer capable of f ulf illing t he condit ions as President and/ or Vice President , t hen t he DPR shall
convene a plenary session t o submit a proposal t o t he MPR t o impeach t he President and/ or Vice
President . ***
(6) The MPR shall convene a session t o decide on t he DPR's proposal at t he lat est t hirt y days f rom t he
moment t he MPR received t his proposal. ***
(7) The MPR's decision on t he proposal t o impeach t he President and/ or Vice President shall be t aken
in a plenary session of t he MPR at t ended by at least ? of t he t ot al number of members in t he MPR and
support ed by at least 2/ 3 of t he members present , af t er t he President and/ or t he Vice President has
been given t he opport unit y t o present his explanat ion t o t he plenary session of t he MPR. ***
Article 7C
The President may not lock out or dissolve t he DPR. ***
Article 8
(1) If during his t erm t he President passes away, resigns, is impeached, or is unable t o carry out his
dut ies, he shall be replaced unt il t he end of t hat t erm by t he Vice President . ***
(2) In case t he posit ion of t he Vice President f alls vacant , t he MPR shall convene at t he lat est wit hin
sixt y days t o select a Vice President among t wo candidat es nominat ed by t he President . ***
(3) If during t heir t erm bot h t he President and Vice President simult aneously pass away, resign, are
impeached, or are unable t o carry out t heir dut ies, t he of f ice of t he presidency shall be t aken up
collect ively by t he Minist er of Foreign Af f airs, t he Minist er of Int ernal Af f airs, t he Minist er of Def ense.
Af t er t hirt y days at t he lat est , t he MPR shall convene t o elect f or t he remainder of t he t erm a
President and a Vice President among t he t wo pairs f or President ial and Vice President ial candidat es
who were proposed by a polit ical part y or by a coalit ion of polit ical part ies and who came in f irst and
second as pairs of candidat es f or President and Vice President in t he last general elect ion. ****
Article 9
(1) Prior t o t aking of f ice, t he President and t he Vice President shall t ake oat h according t o t heir
religion, or t o make a solemn pledge bef ore t he MPR or t he DPR as f ollows:
The Oat h of President (Vice President ):
"I swear by God t o f ulf ill t he dut ies of President (Vice President ) of t he Republic of Indonesia t o t he
best of my capabilit ies and in t he f airest way possible, t o uphold t he Const it ut ion by all means and t o
execut e all laws and regulat ions as st raight f orwardly as possible as well as t o dedicat e myself t o t he
service of t he Nat ion and t he People. "
The Pledge of t he President (Vice President ):
"I solemnly pledge t o f ulf ill t he dut ies of President (Vice President ) of t he Republic of Indonesia t o t he
best of my capabilit ies and in t he f airest way possible, t o uphold t he Const it ut ion by all means and t o
execut e all laws and regulat ions as st raight f orwardly as possible as well as t o dedicat e myself t o t he
service of t he Nat ion and t he People. " *
(2) In t he event t hat t he MPR or t he DPR is unable t o convene, t he President and t he Vice President
shall t ake oat h according t o t heir religion, or make a solemn pledge bef ore t he leadership of t he MPR
wit nessed by t he leadership of t he Supreme Court . *
Article 10
The President is t he Supreme Commander of t he Land Forces, t he Navy and t he Air Force.
Article 11
(1) Wit h t he approval of t he DPR t he President may declare war, make peace and conclude t reat ies
wit h ot her count ries. ****
(2) When ent ering int o ot her int ernat ional agreement s t hat ent ail broad and f undament al
consequences f or t he exist ence of t he people because of links t o t he st at e's f inancial burden, and/ or
because t hey require amendment s t o laws or t he enact ment of new ones, t he President needs t he
approval of t he DPR. ***
(3) Furt her provisions as t o int ernat ional agreement s shall be regulat ed by law. ***
Article 12
The President declares t he st at e of emergency. The condit ions and consequences of a st at e of
emergency shall be regulat ed by law.
Article 13
(1) Ambassadors and consuls are appoint ed by t he President .
(2) In appoint ing ambassadors, t he President shall t ake int o account t he considerat ions of t he DPR. *
(3) The President receives t he accredit at ion of ambassadors f rom ot her count ries t aking int o account
t he considerat ions of t he DPR. *
Article 14
(1) The President may grant clemency and rehabilit at ion t aking int o account t he considerat ions of t he
Supreme Court . *
(2) The President may grant amnest y and abolit ion t aking int o account t he considerat ions of t he DPR.
*
Article 15
The President may grant t it les, decorat ions, and ot her insignia as provided by t he law. *
Article 16
The President is t o set up an advisory council whose dut y it is t o give t he President advice and
recommendat ions, and which is t o be f urt her regulat ed by law. ****
SECTION IV
DEWAN PERTIMBANGAN AGUNG
Abolished ****
SECTION V
STATE MINISTERS
Article 17
(1) The President is assist ed by st at e minist ers.
(2) The minist ers are appoint ed and dismissed by t he President . *
(3) Each minist er is responsible f or a specif ic area of governance. *
(4) The est ablishment , changes, and dissolut ion of st at e minist ries shall be regulat ed by law. ***
SECTION VI
REGIONAL ADMINISTRATION
Article 18
(1) The Unit ary St at e of t he Republic of Indonesia is divided int o provinces and a province is divided
int o kabupat en and kot a, wit h each province, kabupat en and kot a having it s own regional
administ rat ion, regulat ed by law. **
(2) The administ rat ion of a province, of a kabupat en, and of a kot a shall regulat e and manage it s own
government mat t ers in accordance wit h t he principles of regional aut onomy and t he dut y of providing
assist ance. **
(3) Each provincial, kabupat en, and kot a administ rat ion shall have it s own DPRD whose members shall
be elect ed t hrough a general elect ion. **
(4) A Governor, Bupat i, and Mayor, each heading respect ively t he administ rat ion of a province, a
kabupat en, and a kot a shall be elect ed democrat ically. **
(5) A regional administ rat ion shall exercise t he broadest possible aut onomy, except f or mat t ers of
governance t hat are det ermined by law as t he prerogat ive of t he Cent ral Government . **
(6) A regional administ rat ion shall have t he right t o adopt regional regulat ions as well as ot her rules
t o implement aut onomy and t he dut y of providing assist ance. **
(7) The organizat ion and mechanisms of implement ing regional administ rat ion are t o be regulat ed by
law. **
Article 18A
(1) Relat ions as t o aut horit y bet ween t he cent ral government and t he administ rat ions of a province, a
kabupat en, a kot a, as well as bet ween a province and a kabupat en or a kot a, are t o be regulat ed by
law wit h special regard f or t he specif icit y and diversit y of each region. **
(2) Relat ions as t o f inance, public services, t he exploit at ion of nat ural and ot her resources bet ween
t he cent ral government and t he regional administ rat ions are t o be regulat ed by law and implement ed
in a j ust and synchronized way. **
Article 18B
(1) The St at e shall recognize and respect ent it ies of regional administ rat ion t hat possess a specif icit y
or a dist inct iveness t hat are t o be regulat ed by law. **
(2) The St at e shall recognize and respect , t o be regulat ed by law, t he homogeneit y of societ ies wit h
cust omary law along wit h t heir t radit ional right s f or as long as t hey remain in exist ence and in
agreement wit h societ al development and wit h t he principle of t he Unit ary St at e of t he Republic of
Indonesia. **
SECTION VII
DEWAN PERWAKILAN RAKYAT
Article 19
(1) The members of t he DPR are elect ed t hrough a general elect ion. **
(2) The organizat ion of t he DPR is regulat ed by law. **
(3) The DPR convenes at least once a year. **
Article 20
(1) The DPR has t he power t o enact laws. *
(2) Each bill shall be discussed bet ween t he DPR and t he President so as t o reach a j oint agreement . *
(3) If a bill f ails t o reach a j oint agreement , it may not be int roduced t o t he DPR again during it s
current t erm. *
(4) The President shall endorse int o law a bill t hat has reached a j oint agreement . *
(5) When a bill t hat has already reached a j oint agreement is not endorsed by t he President wit hin
t hirt y days af t er it has been j oint ly approved, t he bill shall nevert heless become a valid law t hat has
t o be promulgat ed as such. **
Article 20A
(1) The DPR has legislat ive, budget ing and supervisory f unct ions. **
(2) To carry out it s f unct ions t he DPR, apart f rom t he right s regulat ed elsewhere in t his Const it ut ion,
has t he right s of int erpellat ion, of enquiry, and of expressing opinions. **
(3) Apart f rom t he right s regulat ed elsewhere in t his Const it ut ion, each member of t he DPR has t he
right t o ask quest ions, t o make proposals and t o give his opinion along wit h t he right t o immunit y. **
(4) Furt her provisions regarding t he right s of t he DPR and of t he members of t he DPR shall be
regulat ed by law. **
Article 21
(1) The members of t he DPR have t he right t o int roduce bills. *
Article 22
(1) In compelling crisis sit uat ions t he President shall have t he right t o issue government regulat ions in
lieu of law.
(2) Such government regulat ions have t o be approved by t he DPR in it s next session.
(3) If not approved, t he government regulat ion in quest ion has t o be revoked.
Article 22A
Furt her provisions about t he procedure t o enact laws shall be regulat ed by law. **
Article 22B
Members of t he DPR can be removed f rom of f ice, according t o condit ions and procedures t o be
regulat ed by law. **
SECTION VIIA ***
DEWAN PERWAKILAN DAERAH
Article 22C
(1) The members of t he DPD shall be elect ed f rom each province t hrough a general elect ion. ***
(2) The t ot al number of DPD members f rom each province shall be t he same and t he t ot al number of
members in t he DPD shall not be more t han 1/ 3 of t he t ot al number of members in t he DPR. ***
(3) The DPD shall convene at least once a year. ***
(4) The organizat ion and aut horit y of t he DPD are t o be regulat ed by law. ***
Article 22D
(1) The DPD may submit t o t he DPR bills dealing wit h regional aut onomy, relat ions bet ween t he
cent er and t he regions, t he est ablishment and growt h as well as t he merger of regions, t he
management of nat ural and ot her economic resources, and mat t ers relat ed t o t he f inancial balance
bet ween t he cent er and t he regions. ***
(2) The DPD is t o part icipat e in debat es on bills dealing wit h regional aut onomy; relat ions bet ween
t he cent er and t he regions; t he est ablishment , growt h and merger of regions; t he management of
nat ural and ot her economic resources, and mat t ers relat ed t o t he f inancial balance bet ween t he
cent er and t he regions; and, moreover, give it s recommendat ions t o t he DPR on bills dealing wit h t he
st at e budget as well as on bills dealing wit h t axat ion, educat ion, and religion. ***
(3) The DPD may supervise t he implement at ion of laws regarding: regional aut onomy, t he
est ablishment and growt h as well as t he merger of regions, t he management of nat ural and ot her
economic resources, t he implement at ion of t he st at e budget , t axat ion, educat ion, and religion and
may in addit ion submit t he result s of t his supervision t o t he DPR as input f or f ollow-up considerat ions.
***
(4) Members of t he DPD can be removed f rom of f ice, according t o condit ions and procedures t o be
regulat ed by law. ***
SECTION VIIB ***
GENERAL ELECTIONS
Article 22E
(1) Every f ive years general elect ions are t o be organized in a direct , public, f ree, secret , honest , and
f air way. ***
(2) The general elect ions are organized t o elect t he members of t he DPR, t he DPD, t he President and
t he Vice President and t he DPRD. ***
(3) The part icipant s in t he general elect ions t o elect t he members of t he DPR and of t he DPRD are
polit ical part ies. ***
(4) The part icipant s in t he general elect ions t o elect t he members of t he DPD are individuals. ***
(5) The general elect ions shall be organized by a general elect ion commission t hat shall be nat ional,
permanent and independent in nat ure. ***
(6) Furt her provisions regarding t he general elect ions are t o be regulat ed by law. ***
SECTION VIII
FINANCIAL MATTERS
Article 23
(1) The st at e budget as t he mat erializat ion of t he st at e's f inancial management shall annually be
det ermined in t he f orm of a law and be implement ed in an open and account able way in order t o
achieve maximum prosperit y f or t he people. ***
(2) The bill on t he st at e budget shall be submit t ed by t he President f or j oint debat e wit h t he DPR
t aking int o account t he recommendat ions f rom t he DPD. ***
(3) If t he DPR does not agree wit h t he bill on t he st at e budget proposed by t he President , t he
Government is t o implement t he st at e budget of t he preceding year. ***
Article 23A
Taxes and ot her compulsory levies required f or t he needs of t he st at e are t o be regulat ed by law. ***
Article 23B
The kinds and value of t he nat ional currency shall be regulat ed by law. ****
Article 23C
Ot her mat t ers regarding st at e f inances shall be regulat ed by law. ***
Article 23D
The st at e owns a cent ral bank t he organizat ion, aut horit y, compet ence, responsibilit ies, and
independence of which are regulat ed by law. ****
SECTION VIIIA ***
BADAN PEMERIKSA KEUANGAN
Article 23E
(1) To audit t he management of and account abilit y f or t he st at e's f inances a f ree and independent
BPK shall be set up. ***
(2) The result s of t he st at e f inances' audit s shall be submit t ed t o t he DPR, t he DPD, t he DPRD, in
accordance wit h t he compet ence of each. ***
(3) The audit result s are t o be f ollowed t hrough by t he represent at ive inst it ut ions and/ or by ot her
bodies in accordance wit h t he law. ***
Article 23F
(1) The members of t he BPK are select ed by t he DPR t aking int o account considerat ions f rom t he DPD
and shall be inst alled by t he President . ***
(2) BPK's management is select ed f rom among and by it s members. ***
Article 23G
(1) The BPK has it s main seat in t he st at e's capit al, wit h represent at ions in each province. ***
(2) Furt her provisions regarding t he BPK are t o be regulat ed by law. ***
SECTION IX
THE JUDICIAL POWERS
Article 24
(1) The j udicial powers shall be independent wit h t he aut horit y t o organize t he j udicat ure in order t o
uphold law and j ust ice. ***
(2) The j udicial powers shall be carried out by a Supreme Court and by it s subordinat e j udicat ory
bodies dealing wit h general, religious, milit ary, st at e administ rat ive j udicial f ields, and by a
Const it ut ional Court . ***
(3) Ot her bodies dealing wit h j udicial powers are t o be regulat ed by law. ****
Article 24A
(1) The Supreme Court shall have t he compet ence t o t ry cassat ion cases, t o review regulat ions made
under a law against t hat law, as well as ot her compet ences as provided by law. ***
(2) Each supreme j ust ice must have int egrit y and a personalit y beyond reproach, be j ust , prof essional
and experienced in mat t ers of law. ***
(3) Candidat es f or supreme j ust ices are proposed by t he Judicial Commission f or approval t o t he DPR
and subsequent ly inst alled as supreme j ust ices by t he President . ***
(4) The chairman and vice chairman of t he Supreme Court are t o be chosen f rom among and by t he
supreme j ust ices. ***
(5) The organizat ion, aut horit y, membership, and j udicial procedures of t he Supreme Court as well as
of it s subordinat e j udicat ory bodies shall be regulat ed by law. ***
Article 24B
(1) The Judicial Commission shall be independent in nat ure and have t he compet ence t o make
proposals f or t he appoint ment of supreme j ust ices as well as ot her compet ences wit hin t he
f ramework of saf eguarding and upholding t he honor, t he high st at us and t he behavior of j udges. ***
(2) The members of t he Judicial Commission must have knowledge and experience in mat t ers of law
and an int egrit y and personalit y beyond reproach. ***
(3) The members of t he Judicial Commission are t o be appoint ed and dismissed by t he President in
agreement wit h t he DPR. ***
(4) The organizat ion, aut horit y, and membership of t he Judicial Commission shall be regulat ed by
law. ***
Article 24C
(1) The Const it ut ional Court shall have t he aut horit y t o make f inal decisions in cases of f irst and last
inst ance handling t he review of laws against t he Const it ut ion, t o decide on aut horit y argument s
among st at e inst it ut ions whose compet ence is enshrined in t he Const it ut ion, t o decide on t he
dissolut ion of polit ical part ies, and t o decide on disput es regarding general elect ion result s. ***
(2) The Const it ut ional Court has t he dut y t o rule on an opinion of t he DPR regarding alleged violat ions
of t he Const it ut ion by t he President or t he Vice President . ***
(3) The Const it ut ional Court shall have as it s members nine const it ut ional j ust ices, t o be inst alled by
t he President , t hree among t hem nominat ed by t he Supreme Court , t hree by t he DPR, and t hree by
t he President . ***
(4) The chairman and t he vice chairman of t he Const it ut ional Court are t o be elect ed f rom among and
by t he const it ut ional j ust ices. ***
(5) The const it ut ional j ust ices must have int egrit y and a personalit y beyond reproach, be j ust ,
st at esmanlike, mast er const it ut ional and st at e admi nist rat ive mat t ers, and not hold a posit ion as
st at e of f icial. ***
(6) The appoint ment and dismissal of const it ut ional j ust ices, j udicial procedures and ot her provisions
dealing wit h t he Const it ut ional Court are t o be regulat ed by law. ***
Article 25
The condit ions t o become or t o be dismissed as a j udge are det ermined by law.
SECTION IXA **
STATE TERRITORY
Article 25A
The Unit ary St at e of t he Republic of Indonesia is an archipelagic st at e t he surf ace and boundaries of
which are t o be est ablished by law. **
SECTION X
CITIZENS AND RESIDENTS
Article 26
(1) Cit izens are t hose who are indigenous Indonesians and persons of f oreign origin who are legalized
as cit izens in accordance wit h t he law.
(2) Resident s consist of Indonesian cit izens and f oreigners residing in Indonesia. **
(3) Mat t ers of cit izenship and residency are t o be regulat ed by law. **
Article 27
(1) All cit izens shall have equal st at us bef ore t he law and t he government and hold wit hout
exempt ion t he law and t he government in est eem.
(2) Each cit izen shall be ent it led t o an occupat ion and an exist ence proper f or a human being.
(3) Each cit izen shall have t he right and t he dut y t o part icipat e in t he def ense of t he nat ion. **
Article 28
The libert ies of associat ion and assembly, t he f reedom of t hought expressed verbally or in writ ing and
similar right s are t o be det ermined by law.
SECTION XA **
FUNDAMENTAL HUMAN RIGHTS
Article 28A
Each person has t he right t o live and t he right t o def end his lif e and exist ence. **
Article 28B
(1) Each person has t he right t o est ablish a f amily and t o generat e of f spring t hrough a lawf ul
marriage. **
(2) Each child has t he right t o live, grow up, and develop as well as t he right t o prot ect ion f rom
violence or discriminat ion. **
Article 28C
(1) Every person has t he right t o self -realizat ion t hrough t he f ulf illment of his basic needs, t he right
t o educat ion and t o part ake in t he benef it s of science and t echnology, art and cult ure, so as t o
improve t he qualit y of his lif e and t he well-being of mankind. **
(2) Each person has t he right t o self -improvement by way of a collect ive st ruggle f or his right s wit h a
view t o developing societ y, t he nat ion, and t he count ry. **
Article 28D
(1) Each person has t he right t o recognit ion, securit y, prot ect ion and cert aint y under t he law t hat
shall be j ust and t reat everybody as equal bef ore t he law. **
(2) Every person is ent it led t o an occupat ion as well as t o get income and a f air and proper t reat ment
in labor relat ions. **
(3) Each cit izen has t he right t o equal opport unit y in government . **
(4) Each person has a right t o a nat ionalit y. **
Article 28E
(1) Each person is f ree t o worship and t o pract ice t he religion of his choice, t o choose educat ion and
schooling, his occupat ion, his nat ionalit y, his residency in t he t errit ory of t he count ry t hat he shall be
able t o leave and t o which he shall have t he right t o ret urn. **
(2) Each person has t he right t o be f ree in his convict ions, t o assert his t hought s and t enet s, in
accordance wit h his conscience. **
(3) Each person has t he right t o f reely associat e, assemble, and express his opinions. **
Article 28F
Each person has t he right t o communicat ion and t o acquiring inf ormat ion f or his own and his social
environment 's development , as well as t he right t o seek, obt ain, possess, st ore, process, and spread
inf ormat ion via all kinds of channels available. **
Article 28G
(1) Each person is ent it led t o prot ect ion of self , his f amily, honor, dignit y, t he propert y he owns, and
has t he right t o f eel secure and t o be prot ect ed against t hreat s f rom f ear t o do or not t o do somet hing
t hat is part of basic right s. **
(2) Each person has t he right t o be f ree f rom t ort ure or inhuman and degrading t reat ment and shall be
ent it led t o obt ain polit ical asylum f rom anot her count ry. **
Article 28H
(1) Each person has a right t o a lif e of well-being in body and mind, t o a place t o dwell, t o enj oy a
good and healt hy environment , and t o receive medical care. **
(2) Each person has t he right t o f acilit ies and special t reat ment t o get t he same opport unit ies and
advant ages in order t o reach equalit y and j ust ice. **
(3) Each person is ent it led t o social securit y enabling him t o develop his ent ire self unimpaired as a
dignif ied human being. **
(4) Each person has t he right t o own privat e propert y and such ownership shall not be appropriat ed
arbit rarily by whomsoever. **
Article 28I
(1) The right s t o lif e, t o remain f ree f rom t ort ure, t o f reedom of t hought and conscience, t o adhere t o
a religion, t he right not t o be enslaved, t o be t reat ed as an individual bef ore t he law, and t he right
not t o be prosecut ed on t he basis of ret roact ive legislat ion, are f undament al human right s t hat shall
not be curt ailed under any circumst ance. **
(2) Each person has t he right t o be f ree f rom act s of discriminat ion based on what grounds ever and
shall be ent it led t o prot ect ion against such discriminat ive t reat ment . **
(3) The cult ural ident it ies and right s of t radit ional communit ies are t o be respect ed in conj unct ion
wit h progressing t imes and civilizat ion. **
(4) Prot ect ing, promot ing, upholding, and t he f ull realizat ion of human right s are t he responsibilit ies
of t he st at e, f oremost of t he government . **
(5) To uphold and prot ect human right s in accordance wit h t he principles of a democrat ic and
law-based st at e, t he implement at ion of f undament al human right s is t o be guarant eed, regulat ed,
and laid down in laws and regulat ions. **
Article 28J
(1) Each person has t he obligat ion t o respect t he f undament al human right s of ot hers while part aking
in t he lif e of t he communit y, t he nat ion, and t he st at e. **
(2) In exercising his right s and libert ies, each person has t he dut y t o accept t he limit at ions
det ermined by law f or t he sole purposes of guarant eeing t he recognit ion and respect of t he right s and
libert ies of ot her people and of sat isf ying a democrat ic societ y's j ust demands based on
considerat ions of moralit y, religious values, securit y, and public order. **
SECTION XI
RELIGION
Article 29
(1) The st at e is based on t he belief in t he One and Only God.
(2) The st at e guarant ees each and every cit izen t he f reedom of religion and of worship in accordance
wit h his religion and belief .
SECTION XII **
DEFENSE AND SECURITY OF THE STATE
Article 30
(1) Each cit izen has t he right and t he dut y t o part icipat e in t he def ense and securit y of t he st at e. **
(2) The def ense and securit y of t he st at e are undert aken t hrough a def ense and securit y syst em t hat
encompasses t he ent ire populat ion wit h TNI and POLRI as t he main powers, and t he populat ion as t he
support ing power. **
(3) TNI comprises t he Land Forces, t he Navy, and t he Air Force as t he st at e's inst rument s t o def end,
prot ect , and maint ain t he st at e's int egrit y and sovereignt y. **
(4) POLRI is t he st at e's inst rument t o saf eguard securit y along wit h law and order among t he
populat ion and has t he dut y t o prot ect , t o shield, and t o serve t he populat ion, as well as t o uphold
t he law. **
(5) The st ruct ure and t he aut horit y of TNI, of POLRI, t he relat ions as t o t he aut horit ies of each TNI
and POLRI in exercising t heir dut ies, t he condit ions under which t he cit izens can part ake in t he st at e's
def ense and securit y, as well as ot her aspect s regarding def ense and securit y are t o be regulat ed by
law. **
SECTION XIII ****
EDUCATION AND CULTURE
Article 31
(1) Each cit izen has t he right t o an educat ion. ****
(2) Each cit izen is obliged t o f ollow element ary educat ion and t he government has t he dut y t o f und
t his. ****
(3) The government organizes and implement s a nat ional educat ion syst em, t o be regulat ed by law,
t hat aims at enhancing religious and pious f eelings as well as moral excellence wit h a view t o
upgrading nat ional lif e. ****
(4) The st at e shall give priorit y t o t he educat ion budget by allocat ing at least t went y percent of t he
st at e's as well as of t he regional budget s t o meet t he requirement s of implement ing nat ional
educat ion. ****
(5) The government advances science and t echnology along wit h holding religious values and nat ional
unit y in high est eem wit h a view t o promot ing ci vilizat ion as well as t he well-being of humanit y. ***
Article 32
(1) The st at e shall advance Indonesia's nat ional cult ure among t he civilizat ions of t he world by
guarant eeing t he f reedom of t he people t o maint ain and develop cult ural values. ****
(2) The st at e shall respect and preserve t he languages in t he regions as nat ional cult ural t reasures.
****
SECTION XIV ****
NATIONAL ECONOMY AND SOCIAL WELFARE
Article 33
(1) The economy is t o be st ruct ured as a common endeavor based on f amilial principles. ****
(2) Product ion sect ors t hat are vit al t o t he st at e and t hat af f ect t he livelihood of a considerable part
of t he populat ion are t o be cont rolled by t he st at e. ****
(3) The land and t he wat ers as well as t he nat ural riches t herein are t o be cont rolled by t he st at e t o
be exploit ed t o t he great est benef it of t he people. ****
(4) The organizat ion of t he nat ional economy shall be based on economic democracy t hat upholds t he
principles of solidarit y, ef f iciency along wit h f airness, sust ainabilit y, keeping t he environment in
perspect ive, self -suf f iciency, and t hat is concerned as well wit h balanced progress and wit h t he unit y
of t he nat ional economy. ****
(5) Furt her provisions regarding t he implement at ion of t his art icle are t o be regulat ed by law. ****
Article 34
(1) Impoverished persons and abandoned children are t o be t aken care of by t he st at e. ****
(2) The st at e develops a social securit y syst em f or everybody and empowers t he weak and
underprivileged in societ y in accordance wit h t heir dignit y as human beings. ****
(3) The st at e has t he responsibilit y t o provide proper medical and public service f acilit ies. ****
(4) Furt her provisions regarding t he implement at ion of t his art icle are t o be regulat ed by law. ****
SECTION XV **
THE STATE'S FLAG, LANGUAGE, AND COAT OF ARMS, AND THE NATIONAL ANTHEM
Article 35
The f lag of t he Indonesian st at e is t he "Sang Merah Put ih".
Article 36
The language of t he st at e is "Bahasa Indonesia".
Article 36A
The st at e's Coat of Arms is t he "Garuda Pancasila" wit h "Bhinneka Tunggal Ika" as it s mot t o. **
Articles 36B
The nat ional ant hem is "Indonesia Raya". **
Article 36C
Furt her provisions regarding t he f lag, language, and coat of arms of t he st at e, as well as t o t he
nat ional ant hem are t o be regulat ed by law. **
SECTION XVI
AMENDMENTS TO THE CONSTITUTION
Article 37
(1) Proposals t o amend art icles of t he Const it ut ion can be put on t he agenda of t he MPR session if
submit t ed by at least 1/ 3 of t he t ot al number of members in t he MPR. ****
(2) Each proposal t o amend art icles of t he Const it ut ion has t o be submit t ed in writ ing and t o ment ion
clearly which part should t o be amended and f or what reason. ****
(3) To amend art icles of t he Const it ut ion t he MPR session has t o be at t ended by at least 2/ 3 of all
members of t he MPR. ****
(4) A decision t o amend art icles of t he Const it ut ion requires t he agreement of at least f if t y percent
plus one vot e of all t he members of t he MPR. ****
(5) Especially t hose provisions regarding t he f orm of t he Unit ary St at e of t he Republic of Indonesia
may not be amended. ****
TRANSITIONAL PROVISIONS
Article I
All exist ing laws and regulat ions shall remain valid unt il new ones under t his Const it ut ion come int o
ef f ect . ****
Article II
All exist ing st at e inst it ut ions shall cont inue t o implement t he provisions of t he Const it ut ion as long as
t hey have not been replaced by new ones under t his Const it ut ion. ****
Article III
The Const it ut ional Court has t o be est ablished at t he lat est by 17 August 2003 and unt il such
est ablishment all it s compet encies shall be carried out by t he Supreme Court . ***
ADDITIONAL PROVISIONS
Article I
The MPR shall review t he cont ent s and t he legal st at us of t he decisions of t he MPRS and t he MPR f or
decision by t he MPR session of 2003. ****
Article II
Wit h t he enact ment of t hese const it ut ional amendment s, t he 1945 Const it ut ion of t he Republic of
Indonesia shall consist of a Preamble and art icles. ****
Remarks
Up t o July 2003, t he Const it ut ion has been amended f our t imes. The ast erisks used in t he t it les of t he
Sect ions or af t er a paragraph in an art icle, ref er t o t he amendment concerned:
* t he First Amendment of 19 Oct ober 1999
** t he Second Amendment of 18 August 2000
*** t he Third Amendment of 9 November 2001
**** t he Fourt h Amendment of 11 August 2002
This present t ranslat ion is an original one, made f or an on behalf of t he Minist ry of Foreign Af f airs of
t he Republic of Indonesia as a Cert if ied Translat ion, and complet ed on July 1, 2003. The work of t he
expert s and t ranslat ors involved was coordinat ed and supervised by Idris Kyrway, cert if ied t ranslat or
f or law mat t ers:
kyrway@indosat . net . id or j bs@indo. net . id.
Comment s are welcomed and e-mail respondent s are assured of a personal reply.
The Translat ion Team has pref erred t o keep t ypical Indonesian t erms and / or acronyms f or which
t here is no st andard English t ranslat ion yet , pending a regulat ion on t his mat t er, in Bahasa Indonesia.
In t he order as t hey appear in t he Const it ut ion, t hese t erms are:
MPR - Maj elis Permusyawarat an Rakyat . The English equivalent most of t en used is: People's
Consult at ive Assembly
DPR - Dewan Perwakilan Rakyat . The English equivalent most of t en used is House of Represent at ives.
DPD - Dewan Perwakilan Daerah, Regional Represent at ives Council.
Dewan Pert imbangan Agung. The English equivalent t hat was most of t en used f or t his abolished
inst it ut ion was Supreme Advisory Council.
Kabupat en - a geographical and administ rat ive subdivision immediat ely under t he provincial level,
of t en t ranslat ed as "regency" when ref erring t o colonial t imes, or as "dist rict " in post -colonial t imes.
Kot a - At t he nat ional level, an agglomerat ion as an administ rat ive unit has t o answer several crit eria
t o be considered a "cit y" or kot a. Yet , since t he int roduct ion of regional aut onomy, t he capit al of a
kabupat en is also called a "kot a", of t en wit hout f ulf illing t he requirement s t o be recognized as a "cit y"
at t he nat ional level. "Kot a" is of t en t ranslat ed as "municipalit y" (Dut ch: gemeent e - French:
commune, municipalit e - German: Gemeinde) but all t hese f oreign t erms may in t heir count ry of
origin also apply t o small administ rat ive unit s some of which would be considered in Indonesia a
"desa" or village.
DPRD - Dewan Perwakilan Rakyat Daerah, Regional House of Represent at ives.
Bupat i - t he Chief of a kabupat en.
BPK - Badan Pemeriksa Keuangan, Financial Audit Board.
TNI - Tent ara Nasional Indonesia. Since t he Police split up f rom ABRI (Angkat an Bersenj at a Republik
Indonesia - t he Indonesian Armed Forces), TNI now ref ers exclusively t o t he milit ary. TNI is of t en
t ranslat ed as "Army", alt hough t his t erm is bet t er reserved t o ref er t o t he ground t roops or land-f orces
(Angkat an Darat ).
POLRI - Polisi Republik Indonesia. The Police, or t he Police Forces.
Sang Merah Put ih - "The Red-Whit e", ref erri ng t o t he t wo colors of t he st at e f lag.
Bahasa - In Indonesian, t he name of a language as f or example in bahasa Inggris or Bahasa Indonesia is
normally preceded by "bahasa" meaning simply "language". When placed bef ore "Indonesia" t he t erm
is writ t en wit h a capit al let t er. When used on it s own, t he t erm "Bahasa" ref ers exclusively t o "t he
Indonesian Language".
Garuda Pancasila - Garuda is a myt hological eagle and among ot her t hings also t he symbol and
emblem of Indonesia's nat ional airline "Garuda Indonesia"; Pancasila is a Sanscrit t erm meaning "f ive
principles", ref erring t o t he 5 t enet s of t he st at e's ideology.
Bhinneka Tunggal Ika - Sanscrit f or "Unit y in Diversit y".
Indonesia Raya - great , or glorious Indonesia.
MPRS - Maj elis Permusyawarat an Rakyat Sement ara. This t erm ref ers specif ically t o t he emergency
session of t he MPR during which President Soekarno was replaced as Head of St at e by General
Soehart o.
Post ed on 2005-11-30
http:/ / indonesia. ahrchk. net/ news/ mainfile. php/ Constitution/ 34/ ?alt=english
f irst adopt ed August 18, 1945 - superseded 1949-1959 - rest ored 1959
consolidated
as amended by t he First Amendment (19 Oct ober 1999), t he Second Amendment (18 August 2000), t he
Third Amendment (9 November 2001) and t he Fourt h Amendment (11 August 2002).
The Constitution of the Republic of Indonesia of 1945
PREAMBLE
Whereas independence is a genuine right of all nat ions and any f orm of alien occupat ion should t hus
be erased f rom t he eart h as not in conf ormit y wit h humanit y and j ust ice,
Whereas t he st ruggle of t he Indonesian independence movement has reached t he blissf ul point of
leading t he Indonesian people saf ely and well bef ore t he monument al gat e of an independent
Indonesian St at e which shall be f ree, unit ed, sovereign, j ust and prosperous,
By t he grace of God Almight y and urged by t he lof t y aspirat ion t o exist as a f ree nat ion,
Now t heref ore, t he people of Indonesia declare herewit h t heir independence,
Pursuant t o which, in order t o f orm a Government of t he St at e of Indonesia t hat shall prot ect t he
whole people of Indonesia and t he ent ire homeland of Indonesia, and in order t o advance general
prosperit y, t o develop t he nat ion's int ellect ual li f e, and t o cont ribut e t o t he implement at ion of a
world order based on f reedom, last ing peace and social j ust ice, Indonesia's Nat ional Independence
shall be laid down in a Const it ut ion of t he St at e of Indonesia, which is t o be est ablished as t he St at e
of t he Republic of Indonesia wit h sovereignt y of t he people and based on t he belief in t he One and
Only God, on j ust and civilized humanit y, on t he unit y of Indonesia and on democrat ic rule t hat is
guided by t he st rengt h of wisdom result ing f rom deliberat ion / represent at ion, so as t o realize social
j ust ice f or all t he people of Indonesia.
THE CONSTITUTION
SECTION I
FORM AND SOVEREIGNTY
Article 1
(1) The St at e of Indonesia shall be a unit ary st at e, wit h t he f orm of a Republic.
(2) Sovereignt y is vest ed in t he people and implement ed pursuant t o t he Const it ut ion. ***
(3) The St at e of Indonesia is a st at e based on t he rule of law. ***
SECTION II
MAJELIS PERMUSYAWARATAN RAKYAT
Article 2
(1) The MPR consist s of t he members of t he DPR and t he members of t he DPD who are chosen t hrough
general elect ions and f urt her regulat ed by law. ****
(2) The MPR shall convene at least once every f ive years in t he capit al of t he st at e.
(3) All decisions of t he MPR shall be t aken by maj orit y vot e.
Article 3
(1) The MPR has t he aut horit y t o amend and t o ordain t he Const it ut ion. ***
(2) The MPR inst alls t he President and/ or t he Vice President . ***/ ****
(3) The MPR may only dismiss t he President and/ or Vice President during t heir t erm of of f ice in
accordance wit h t he Const it ut ion. ***/ ****
SECTION III
THE STATE'S EXECUTIVE POWERS
Article 4
(1) The President of t he Republic of Indonesia shall hold t he power of government in accordance wit h
t he Const it ut ion.
(2) In exercising his dut ies, t he President shall be assist ed by a Vice President .
Article 5
(1) The President is ent it led t o submit bills t o t he DPR. *
(2) The President shall issue government regulat ions t o implement laws as needed.
Article 6
(1) A President ial candidat e and a Vice President ial candidat e has t o be an Indonesian cit izen f rom
birt h, who has never received anot her nat ionalit y of his own volit ion, who has never bet rayed t he
count ry, and who is ment ally and physically capable of carrying out his dut ies as President or Vice
President . ***
(2) The requirement s t o become President and Vice President are f urt her regulat ed by law. ***
Article 6A
(1) The President and t he Vice President shall be elect ed as a pair by t he people direct ly. ***
(2) Each pair f or President and Vice President shall be proposed prior t o general elect ions by a
polit ical part y or by a coalit ion of polit ical part ies cont est ing t he general elect ions. ***
(3) The pair of President ial and Vice President ial candidat es t hat receives more t han f if t y percent of
t he vot e f rom t he t ot al of vot es in t he general elect ion wit h at least t went y percent of t he vot e in
more t han half of t he t ot al number of provinces in Indonesia, shall be inst alled as President and Vice
President . ***
(4) In t he event t hat no pair f or President ial and Vice President ial candidat es is elect ed, t he t wo pairs
of candidat es who have received t he f irst and second highest number of vot es in t he general elect ion
shall be submit t ed t o direct elect ion by t he people and t he pair t hat get s most of t he vot es shall be
inst alled as President and Vice President . ****
(5) The procedure t o organize t he elect ion f or President and Vice President shall be f urt her regulat ed
by law. ***
Article 7
The President and Vice President hold of f ice f or a t erm of f ive years and can af t erwards be elect ed t o
t he same of f ice, f or one ot her t erm only. *
Article 7A
The President and/ or Vice President may be dismissed f rom of f ice by t he MPR based on a proposal
f rom t he DPR, eit her when proven guilt y of violat ing t he law by bet rayal of t he st at e, of corrupt ion,
of bribery, of any ot her f elony, or because of disgracef ul behavior, as well as when proven no longer
t o f ulf ill t he condit ions as President and/ or Vice President . ***
Article 7B
(1) A proposal t o dismiss t he President and/ or Vice President can only be submit t ed by t he DPR t o t he
MPR af t er f iling f irst a request t o t he Const it ut ional Court t o invest igat e, t o bring t o t rial and t o pass
j udgment over t he DPR's view t hat t he President and/ or Vice President has violat ed t he law by
bet rayal of t he st at e, t hrough corrupt ion, bribery, any ot her f elony, or by disgracef ul behavior;
and/ or over t he view t hat t he President and/ or Vice President is no longer capable of f ulf illing t he
condit ions as President and/ or Vice President . ***
(2) The DPR's view t hat t he President and/ or Vice President has commit t ed such a crime or is no
longer capable of f ulf illing t he condit ions as President and/ or Vice President is t o be seen in t he
f ramework of t he DPR implement ing it s supervisory f unct ion. ***
(3) The DPR's request t o t he Const it ut ional Court can only be submit t ed if support ed by at least 2/ 3 of
all DPR members present in a plenary session t hat is at t ended by at least 2/ 3 of t he t ot al number of
members in t he DPR. ***
(4) The Const it ut ional Court must invest igat e, bring t o t rial and pass t he f airest j udgment possible
over t he DPR's view at t he lat est ninet y days af t er t he DPR's request was received by t he
Const it ut ional Court . ***
(5) In t he event t hat t he Const it ut ional Court resolves t hat t he President and/ or Vice President is
proven guilt y of violat ing t he law by bet rayal of t he st at e, of corrupt ion, of bribery, of any ot her
f elony, or because of disgracef ul behavior; and/ or if proven t hat t he President and/ or Vice President
is no longer capable of f ulf illing t he condit ions as President and/ or Vice President , t hen t he DPR shall
convene a plenary session t o submit a proposal t o t he MPR t o impeach t he President and/ or Vice
President . ***
(6) The MPR shall convene a session t o decide on t he DPR's proposal at t he lat est t hirt y days f rom t he
moment t he MPR received t his proposal. ***
(7) The MPR's decision on t he proposal t o impeach t he President and/ or Vice President shall be t aken
in a plenary session of t he MPR at t ended by at least ? of t he t ot al number of members in t he MPR and
support ed by at least 2/ 3 of t he members present , af t er t he President and/ or t he Vice President has
been given t he opport unit y t o present his explanat ion t o t he plenary session of t he MPR. ***
Article 7C
The President may not lock out or dissolve t he DPR. ***
Article 8
(1) If during his t erm t he President passes away, resigns, is impeached, or is unable t o carry out his
dut ies, he shall be replaced unt il t he end of t hat t erm by t he Vice President . ***
(2) In case t he posit ion of t he Vice President f alls vacant , t he MPR shall convene at t he lat est wit hin
sixt y days t o select a Vice President among t wo candidat es nominat ed by t he President . ***
(3) If during t heir t erm bot h t he President and Vice President simult aneously pass away, resign, are
impeached, or are unable t o carry out t heir dut ies, t he of f ice of t he presidency shall be t aken up
collect ively by t he Minist er of Foreign Af f airs, t he Minist er of Int ernal Af f airs, t he Minist er of Def ense.
Af t er t hirt y days at t he lat est , t he MPR shall convene t o elect f or t he remainder of t he t erm a
President and a Vice President among t he t wo pairs f or President ial and Vice President ial candidat es
who were proposed by a polit ical part y or by a coalit ion of polit ical part ies and who came in f irst and
second as pairs of candidat es f or President and Vice President in t he last general elect ion. ****
Article 9
(1) Prior t o t aking of f ice, t he President and t he Vice President shall t ake oat h according t o t heir
religion, or t o make a solemn pledge bef ore t he MPR or t he DPR as f ollows:
The Oat h of President (Vice President ):
"I swear by God t o f ulf ill t he dut ies of President (Vice President ) of t he Republic of Indonesia t o t he
best of my capabilit ies and in t he f airest way possible, t o uphold t he Const it ut ion by all means and t o
execut e all laws and regulat ions as st raight f orwardly as possible as well as t o dedicat e myself t o t he
service of t he Nat ion and t he People. "
The Pledge of t he President (Vice President ):
"I solemnly pledge t o f ulf ill t he dut ies of President (Vice President ) of t he Republic of Indonesia t o t he
best of my capabilit ies and in t he f airest way possible, t o uphold t he Const it ut ion by all means and t o
execut e all laws and regulat ions as st raight f orwardly as possible as well as t o dedicat e myself t o t he
service of t he Nat ion and t he People. " *
(2) In t he event t hat t he MPR or t he DPR is unable t o convene, t he President and t he Vice President
shall t ake oat h according t o t heir religion, or make a solemn pledge bef ore t he leadership of t he MPR
wit nessed by t he leadership of t he Supreme Court . *
Article 10
The President is t he Supreme Commander of t he Land Forces, t he Navy and t he Air Force.
Article 11
(1) Wit h t he approval of t he DPR t he President may declare war, make peace and conclude t reat ies
wit h ot her count ries. ****
(2) When ent ering int o ot her int ernat ional agreement s t hat ent ail broad and f undament al
consequences f or t he exist ence of t he people because of links t o t he st at e's f inancial burden, and/ or
because t hey require amendment s t o laws or t he enact ment of new ones, t he President needs t he
approval of t he DPR. ***
(3) Furt her provisions as t o int ernat ional agreement s shall be regulat ed by law. ***
Article 12
The President declares t he st at e of emergency. The condit ions and consequences of a st at e of
emergency shall be regulat ed by law.
Article 13
(1) Ambassadors and consuls are appoint ed by t he President .
(2) In appoint ing ambassadors, t he President shall t ake int o account t he considerat ions of t he DPR. *
(3) The President receives t he accredit at ion of ambassadors f rom ot her count ries t aking int o account
t he considerat ions of t he DPR. *
Article 14
(1) The President may grant clemency and rehabilit at ion t aking int o account t he considerat ions of t he
Supreme Court . *
(2) The President may grant amnest y and abolit ion t aking int o account t he considerat ions of t he DPR.
*
Article 15
The President may grant t it les, decorat ions, and ot her insignia as provided by t he law. *
Article 16
The President is t o set up an advisory council whose dut y it is t o give t he President advice and
recommendat ions, and which is t o be f urt her regulat ed by law. ****
SECTION IV
DEWAN PERTIMBANGAN AGUNG
Abolished ****
SECTION V
STATE MINISTERS
Article 17
(1) The President is assist ed by st at e minist ers.
(2) The minist ers are appoint ed and dismissed by t he President . *
(3) Each minist er is responsible f or a specif ic area of governance. *
(4) The est ablishment , changes, and dissolut ion of st at e minist ries shall be regulat ed by law. ***
SECTION VI
REGIONAL ADMINISTRATION
Article 18
(1) The Unit ary St at e of t he Republic of Indonesia is divided int o provinces and a province is divided
int o kabupat en and kot a, wit h each province, kabupat en and kot a having it s own regional
administ rat ion, regulat ed by law. **
(2) The administ rat ion of a province, of a kabupat en, and of a kot a shall regulat e and manage it s own
government mat t ers in accordance wit h t he principles of regional aut onomy and t he dut y of providing
assist ance. **
(3) Each provincial, kabupat en, and kot a administ rat ion shall have it s own DPRD whose members shall
be elect ed t hrough a general elect ion. **
(4) A Governor, Bupat i, and Mayor, each heading respect ively t he administ rat ion of a province, a
kabupat en, and a kot a shall be elect ed democrat ically. **
(5) A regional administ rat ion shall exercise t he broadest possible aut onomy, except f or mat t ers of
governance t hat are det ermined by law as t he prerogat ive of t he Cent ral Government . **
(6) A regional administ rat ion shall have t he right t o adopt regional regulat ions as well as ot her rules
t o implement aut onomy and t he dut y of providing assist ance. **
(7) The organizat ion and mechanisms of implement ing regional administ rat ion are t o be regulat ed by
law. **
Article 18A
(1) Relat ions as t o aut horit y bet ween t he cent ral government and t he administ rat ions of a province, a
kabupat en, a kot a, as well as bet ween a province and a kabupat en or a kot a, are t o be regulat ed by
law wit h special regard f or t he specif icit y and diversit y of each region. **
(2) Relat ions as t o f inance, public services, t he exploit at ion of nat ural and ot her resources bet ween
t he cent ral government and t he regional administ rat ions are t o be regulat ed by law and implement ed
in a j ust and synchronized way. **
Article 18B
(1) The St at e shall recognize and respect ent it ies of regional administ rat ion t hat possess a specif icit y
or a dist inct iveness t hat are t o be regulat ed by law. **
(2) The St at e shall recognize and respect , t o be regulat ed by law, t he homogeneit y of societ ies wit h
cust omary law along wit h t heir t radit ional right s f or as long as t hey remain in exist ence and in
agreement wit h societ al development and wit h t he principle of t he Unit ary St at e of t he Republic of
Indonesia. **
SECTION VII
DEWAN PERWAKILAN RAKYAT
Article 19
(1) The members of t he DPR are elect ed t hrough a general elect ion. **
(2) The organizat ion of t he DPR is regulat ed by law. **
(3) The DPR convenes at least once a year. **
Article 20
(1) The DPR has t he power t o enact laws. *
(2) Each bill shall be discussed bet ween t he DPR and t he President so as t o reach a j oint agreement . *
(3) If a bill f ails t o reach a j oint agreement , it may not be int roduced t o t he DPR again during it s
current t erm. *
(4) The President shall endorse int o law a bill t hat has reached a j oint agreement . *
(5) When a bill t hat has already reached a j oint agreement is not endorsed by t he President wit hin
t hirt y days af t er it has been j oint ly approved, t he bill shall nevert heless become a valid law t hat has
t o be promulgat ed as such. **
Article 20A
(1) The DPR has legislat ive, budget ing and supervisory f unct ions. **
(2) To carry out it s f unct ions t he DPR, apart f rom t he right s regulat ed elsewhere in t his Const it ut ion,
has t he right s of int erpellat ion, of enquiry, and of expressing opinions. **
(3) Apart f rom t he right s regulat ed elsewhere in t his Const it ut ion, each member of t he DPR has t he
right t o ask quest ions, t o make proposals and t o give his opinion along wit h t he right t o immunit y. **
(4) Furt her provisions regarding t he right s of t he DPR and of t he members of t he DPR shall be
regulat ed by law. **
Article 21
(1) The members of t he DPR have t he right t o int roduce bills. *
Article 22
(1) In compelling crisis sit uat ions t he President shall have t he right t o issue government regulat ions in
lieu of law.
(2) Such government regulat ions have t o be approved by t he DPR in it s next session.
(3) If not approved, t he government regulat ion in quest ion has t o be revoked.
Article 22A
Furt her provisions about t he procedure t o enact laws shall be regulat ed by law. **
Article 22B
Members of t he DPR can be removed f rom of f ice, according t o condit ions and procedures t o be
regulat ed by law. **
SECTION VIIA ***
DEWAN PERWAKILAN DAERAH
Article 22C
(1) The members of t he DPD shall be elect ed f rom each province t hrough a general elect ion. ***
(2) The t ot al number of DPD members f rom each province shall be t he same and t he t ot al number of
members in t he DPD shall not be more t han 1/ 3 of t he t ot al number of members in t he DPR. ***
(3) The DPD shall convene at least once a year. ***
(4) The organizat ion and aut horit y of t he DPD are t o be regulat ed by law. ***
Article 22D
(1) The DPD may submit t o t he DPR bills dealing wit h regional aut onomy, relat ions bet ween t he
cent er and t he regions, t he est ablishment and growt h as well as t he merger of regions, t he
management of nat ural and ot her economic resources, and mat t ers relat ed t o t he f inancial balance
bet ween t he cent er and t he regions. ***
(2) The DPD is t o part icipat e in debat es on bills dealing wit h regional aut onomy; relat ions bet ween
t he cent er and t he regions; t he est ablishment , growt h and merger of regions; t he management of
nat ural and ot her economic resources, and mat t ers relat ed t o t he f inancial balance bet ween t he
cent er and t he regions; and, moreover, give it s recommendat ions t o t he DPR on bills dealing wit h t he
st at e budget as well as on bills dealing wit h t axat ion, educat ion, and religion. ***
(3) The DPD may supervise t he implement at ion of laws regarding: regional aut onomy, t he
est ablishment and growt h as well as t he merger of regions, t he management of nat ural and ot her
economic resources, t he implement at ion of t he st at e budget , t axat ion, educat ion, and religion and
may in addit ion submit t he result s of t his supervision t o t he DPR as input f or f ollow-up considerat ions.
***
(4) Members of t he DPD can be removed f rom of f ice, according t o condit ions and procedures t o be
regulat ed by law. ***
SECTION VIIB ***
GENERAL ELECTIONS
Article 22E
(1) Every f ive years general elect ions are t o be organized in a direct , public, f ree, secret , honest , and
f air way. ***
(2) The general elect ions are organized t o elect t he members of t he DPR, t he DPD, t he President and
t he Vice President and t he DPRD. ***
(3) The part icipant s in t he general elect ions t o elect t he members of t he DPR and of t he DPRD are
polit ical part ies. ***
(4) The part icipant s in t he general elect ions t o elect t he members of t he DPD are individuals. ***
(5) The general elect ions shall be organized by a general elect ion commission t hat shall be nat ional,
permanent and independent in nat ure. ***
(6) Furt her provisions regarding t he general elect ions are t o be regulat ed by law. ***
SECTION VIII
FINANCIAL MATTERS
Article 23
(1) The st at e budget as t he mat erializat ion of t he st at e's f inancial management shall annually be
det ermined in t he f orm of a law and be implement ed in an open and account able way in order t o
achieve maximum prosperit y f or t he people. ***
(2) The bill on t he st at e budget shall be submit t ed by t he President f or j oint debat e wit h t he DPR
t aking int o account t he recommendat ions f rom t he DPD. ***
(3) If t he DPR does not agree wit h t he bill on t he st at e budget proposed by t he President , t he
Government is t o implement t he st at e budget of t he preceding year. ***
Article 23A
Taxes and ot her compulsory levies required f or t he needs of t he st at e are t o be regulat ed by law. ***
Article 23B
The kinds and value of t he nat ional currency shall be regulat ed by law. ****
Article 23C
Ot her mat t ers regarding st at e f inances shall be regulat ed by law. ***
Article 23D
The st at e owns a cent ral bank t he organizat ion, aut horit y, compet ence, responsibilit ies, and
independence of which are regulat ed by law. ****
SECTION VIIIA ***
BADAN PEMERIKSA KEUANGAN
Article 23E
(1) To audit t he management of and account abilit y f or t he st at e's f inances a f ree and independent
BPK shall be set up. ***
(2) The result s of t he st at e f inances' audit s shall be submit t ed t o t he DPR, t he DPD, t he DPRD, in
accordance wit h t he compet ence of each. ***
(3) The audit result s are t o be f ollowed t hrough by t he represent at ive inst it ut ions and/ or by ot her
bodies in accordance wit h t he law. ***
Article 23F
(1) The members of t he BPK are select ed by t he DPR t aking int o account considerat ions f rom t he DPD
and shall be inst alled by t he President . ***
(2) BPK's management is select ed f rom among and by it s members. ***
Article 23G
(1) The BPK has it s main seat in t he st at e's capit al, wit h represent at ions in each province. ***
(2) Furt her provisions regarding t he BPK are t o be regulat ed by law. ***
SECTION IX
THE JUDICIAL POWERS
Article 24
(1) The j udicial powers shall be independent wit h t he aut horit y t o organize t he j udicat ure in order t o
uphold law and j ust ice. ***
(2) The j udicial powers shall be carried out by a Supreme Court and by it s subordinat e j udicat ory
bodies dealing wit h general, religious, milit ary, st at e administ rat ive j udicial f ields, and by a
Const it ut ional Court . ***
(3) Ot her bodies dealing wit h j udicial powers are t o be regulat ed by law. ****
Article 24A
(1) The Supreme Court shall have t he compet ence t o t ry cassat ion cases, t o review regulat ions made
under a law against t hat law, as well as ot her compet ences as provided by law. ***
(2) Each supreme j ust ice must have int egrit y and a personalit y beyond reproach, be j ust , prof essional
and experienced in mat t ers of law. ***
(3) Candidat es f or supreme j ust ices are proposed by t he Judicial Commission f or approval t o t he DPR
and subsequent ly inst alled as supreme j ust ices by t he President . ***
(4) The chairman and vice chairman of t he Supreme Court are t o be chosen f rom among and by t he
supreme j ust ices. ***
(5) The organizat ion, aut horit y, membership, and j udicial procedures of t he Supreme Court as well as
of it s subordinat e j udicat ory bodies shall be regulat ed by law. ***
Article 24B
(1) The Judicial Commission shall be independent in nat ure and have t he compet ence t o make
proposals f or t he appoint ment of supreme j ust ices as well as ot her compet ences wit hin t he
f ramework of saf eguarding and upholding t he honor, t he high st at us and t he behavior of j udges. ***
(2) The members of t he Judicial Commission must have knowledge and experience in mat t ers of law
and an int egrit y and personalit y beyond reproach. ***
(3) The members of t he Judicial Commission are t o be appoint ed and dismissed by t he President in
agreement wit h t he DPR. ***
(4) The organizat ion, aut horit y, and membership of t he Judicial Commission shall be regulat ed by
law. ***
Article 24C
(1) The Const it ut ional Court shall have t he aut horit y t o make f inal decisions in cases of f irst and last
inst ance handling t he review of laws against t he Const it ut ion, t o decide on aut horit y argument s
among st at e inst it ut ions whose compet ence is enshrined in t he Const it ut ion, t o decide on t he
dissolut ion of polit ical part ies, and t o decide on disput es regarding general elect ion result s. ***
(2) The Const it ut ional Court has t he dut y t o rule on an opinion of t he DPR regarding alleged violat ions
of t he Const it ut ion by t he President or t he Vice President . ***
(3) The Const it ut ional Court shall have as it s members nine const it ut ional j ust ices, t o be inst alled by
t he President , t hree among t hem nominat ed by t he Supreme Court , t hree by t he DPR, and t hree by
t he President . ***
(4) The chairman and t he vice chairman of t he Const it ut ional Court are t o be elect ed f rom among and
by t he const it ut ional j ust ices. ***
(5) The const it ut ional j ust ices must have int egrit y and a personalit y beyond reproach, be j ust ,
st at esmanlike, mast er const it ut ional and st at e admi nist rat ive mat t ers, and not hold a posit ion as
st at e of f icial. ***
(6) The appoint ment and dismissal of const it ut ional j ust ices, j udicial procedures and ot her provisions
dealing wit h t he Const it ut ional Court are t o be regulat ed by law. ***
Article 25
The condit ions t o become or t o be dismissed as a j udge are det ermined by law.
SECTION IXA **
STATE TERRITORY
Article 25A
The Unit ary St at e of t he Republic of Indonesia is an archipelagic st at e t he surf ace and boundaries of
which are t o be est ablished by law. **
SECTION X
CITIZENS AND RESIDENTS
Article 26
(1) Cit izens are t hose who are indigenous Indonesians and persons of f oreign origin who are legalized
as cit izens in accordance wit h t he law.
(2) Resident s consist of Indonesian cit izens and f oreigners residing in Indonesia. **
(3) Mat t ers of cit izenship and residency are t o be regulat ed by law. **
Article 27
(1) All cit izens shall have equal st at us bef ore t he law and t he government and hold wit hout
exempt ion t he law and t he government in est eem.
(2) Each cit izen shall be ent it led t o an occupat ion and an exist ence proper f or a human being.
(3) Each cit izen shall have t he right and t he dut y t o part icipat e in t he def ense of t he nat ion. **
Article 28
The libert ies of associat ion and assembly, t he f reedom of t hought expressed verbally or in writ ing and
similar right s are t o be det ermined by law.
SECTION XA **
FUNDAMENTAL HUMAN RIGHTS
Article 28A
Each person has t he right t o live and t he right t o def end his lif e and exist ence. **
Article 28B
(1) Each person has t he right t o est ablish a f amily and t o generat e of f spring t hrough a lawf ul
marriage. **
(2) Each child has t he right t o live, grow up, and develop as well as t he right t o prot ect ion f rom
violence or discriminat ion. **
Article 28C
(1) Every person has t he right t o self -realizat ion t hrough t he f ulf illment of his basic needs, t he right
t o educat ion and t o part ake in t he benef it s of science and t echnology, art and cult ure, so as t o
improve t he qualit y of his lif e and t he well-being of mankind. **
(2) Each person has t he right t o self -improvement by way of a collect ive st ruggle f or his right s wit h a
view t o developing societ y, t he nat ion, and t he count ry. **
Article 28D
(1) Each person has t he right t o recognit ion, securit y, prot ect ion and cert aint y under t he law t hat
shall be j ust and t reat everybody as equal bef ore t he law. **
(2) Every person is ent it led t o an occupat ion as well as t o get income and a f air and proper t reat ment
in labor relat ions. **
(3) Each cit izen has t he right t o equal opport unit y in government . **
(4) Each person has a right t o a nat ionalit y. **
Article 28E
(1) Each person is f ree t o worship and t o pract ice t he religion of his choice, t o choose educat ion and
schooling, his occupat ion, his nat ionalit y, his residency in t he t errit ory of t he count ry t hat he shall be
able t o leave and t o which he shall have t he right t o ret urn. **
(2) Each person has t he right t o be f ree in his convict ions, t o assert his t hought s and t enet s, in
accordance wit h his conscience. **
(3) Each person has t he right t o f reely associat e, assemble, and express his opinions. **
Article 28F
Each person has t he right t o communicat ion and t o acquiring inf ormat ion f or his own and his social
environment 's development , as well as t he right t o seek, obt ain, possess, st ore, process, and spread
inf ormat ion via all kinds of channels available. **
Article 28G
(1) Each person is ent it led t o prot ect ion of self , his f amily, honor, dignit y, t he propert y he owns, and
has t he right t o f eel secure and t o be prot ect ed against t hreat s f rom f ear t o do or not t o do somet hing
t hat is part of basic right s. **
(2) Each person has t he right t o be f ree f rom t ort ure or inhuman and degrading t reat ment and shall be
ent it led t o obt ain polit ical asylum f rom anot her count ry. **
Article 28H
(1) Each person has a right t o a lif e of well-being in body and mind, t o a place t o dwell, t o enj oy a
good and healt hy environment , and t o receive medical care. **
(2) Each person has t he right t o f acilit ies and special t reat ment t o get t he same opport unit ies and
advant ages in order t o reach equalit y and j ust ice. **
(3) Each person is ent it led t o social securit y enabling him t o develop his ent ire self unimpaired as a
dignif ied human being. **
(4) Each person has t he right t o own privat e propert y and such ownership shall not be appropriat ed
arbit rarily by whomsoever. **
Article 28I
(1) The right s t o lif e, t o remain f ree f rom t ort ure, t o f reedom of t hought and conscience, t o adhere t o
a religion, t he right not t o be enslaved, t o be t reat ed as an individual bef ore t he law, and t he right
not t o be prosecut ed on t he basis of ret roact ive legislat ion, are f undament al human right s t hat shall
not be curt ailed under any circumst ance. **
(2) Each person has t he right t o be f ree f rom act s of discriminat ion based on what grounds ever and
shall be ent it led t o prot ect ion against such discriminat ive t reat ment . **
(3) The cult ural ident it ies and right s of t radit ional communit ies are t o be respect ed in conj unct ion
wit h progressing t imes and civilizat ion. **
(4) Prot ect ing, promot ing, upholding, and t he f ull realizat ion of human right s are t he responsibilit ies
of t he st at e, f oremost of t he government . **
(5) To uphold and prot ect human right s in accordance wit h t he principles of a democrat ic and
law-based st at e, t he implement at ion of f undament al human right s is t o be guarant eed, regulat ed,
and laid down in laws and regulat ions. **
Article 28J
(1) Each person has t he obligat ion t o respect t he f undament al human right s of ot hers while part aking
in t he lif e of t he communit y, t he nat ion, and t he st at e. **
(2) In exercising his right s and libert ies, each person has t he dut y t o accept t he limit at ions
det ermined by law f or t he sole purposes of guarant eeing t he recognit ion and respect of t he right s and
libert ies of ot her people and of sat isf ying a democrat ic societ y's j ust demands based on
considerat ions of moralit y, religious values, securit y, and public order. **
SECTION XI
RELIGION
Article 29
(1) The st at e is based on t he belief in t he One and Only God.
(2) The st at e guarant ees each and every cit izen t he f reedom of religion and of worship in accordance
wit h his religion and belief .
SECTION XII **
DEFENSE AND SECURITY OF THE STATE
Article 30
(1) Each cit izen has t he right and t he dut y t o part icipat e in t he def ense and securit y of t he st at e. **
(2) The def ense and securit y of t he st at e are undert aken t hrough a def ense and securit y syst em t hat
encompasses t he ent ire populat ion wit h TNI and POLRI as t he main powers, and t he populat ion as t he
support ing power. **
(3) TNI comprises t he Land Forces, t he Navy, and t he Air Force as t he st at e's inst rument s t o def end,
prot ect , and maint ain t he st at e's int egrit y and sovereignt y. **
(4) POLRI is t he st at e's inst rument t o saf eguard securit y along wit h law and order among t he
populat ion and has t he dut y t o prot ect , t o shield, and t o serve t he populat ion, as well as t o uphold
t he law. **
(5) The st ruct ure and t he aut horit y of TNI, of POLRI, t he relat ions as t o t he aut horit ies of each TNI
and POLRI in exercising t heir dut ies, t he condit ions under which t he cit izens can part ake in t he st at e's
def ense and securit y, as well as ot her aspect s regarding def ense and securit y are t o be regulat ed by
law. **
SECTION XIII ****
EDUCATION AND CULTURE
Article 31
(1) Each cit izen has t he right t o an educat ion. ****
(2) Each cit izen is obliged t o f ollow element ary educat ion and t he government has t he dut y t o f und
t his. ****
(3) The government organizes and implement s a nat ional educat ion syst em, t o be regulat ed by law,
t hat aims at enhancing religious and pious f eelings as well as moral excellence wit h a view t o
upgrading nat ional lif e. ****
(4) The st at e shall give priorit y t o t he educat ion budget by allocat ing at least t went y percent of t he
st at e's as well as of t he regional budget s t o meet t he requirement s of implement ing nat ional
educat ion. ****
(5) The government advances science and t echnology along wit h holding religious values and nat ional
unit y in high est eem wit h a view t o promot ing ci vilizat ion as well as t he well-being of humanit y. ***
Article 32
(1) The st at e shall advance Indonesia's nat ional cult ure among t he civilizat ions of t he world by
guarant eeing t he f reedom of t he people t o maint ain and develop cult ural values. ****
(2) The st at e shall respect and preserve t he languages in t he regions as nat ional cult ural t reasures.
****
SECTION XIV ****
NATIONAL ECONOMY AND SOCIAL WELFARE
Article 33
(1) The economy is t o be st ruct ured as a common endeavor based on f amilial principles. ****
(2) Product ion sect ors t hat are vit al t o t he st at e and t hat af f ect t he livelihood of a considerable part
of t he populat ion are t o be cont rolled by t he st at e. ****
(3) The land and t he wat ers as well as t he nat ural riches t herein are t o be cont rolled by t he st at e t o
be exploit ed t o t he great est benef it of t he people. ****
(4) The organizat ion of t he nat ional economy shall be based on economic democracy t hat upholds t he
principles of solidarit y, ef f iciency along wit h f airness, sust ainabilit y, keeping t he environment in
perspect ive, self -suf f iciency, and t hat is concerned as well wit h balanced progress and wit h t he unit y
of t he nat ional economy. ****
(5) Furt her provisions regarding t he implement at ion of t his art icle are t o be regulat ed by law. ****
Article 34
(1) Impoverished persons and abandoned children are t o be t aken care of by t he st at e. ****
(2) The st at e develops a social securit y syst em f or everybody and empowers t he weak and
underprivileged in societ y in accordance wit h t heir dignit y as human beings. ****
(3) The st at e has t he responsibilit y t o provide proper medical and public service f acilit ies. ****
(4) Furt her provisions regarding t he implement at ion of t his art icle are t o be regulat ed by law. ****
SECTION XV **
THE STATE'S FLAG, LANGUAGE, AND COAT OF ARMS, AND THE NATIONAL ANTHEM
Article 35
The f lag of t he Indonesian st at e is t he "Sang Merah Put ih".
Article 36
The language of t he st at e is "Bahasa Indonesia".
Article 36A
The st at e's Coat of Arms is t he "Garuda Pancasila" wit h "Bhinneka Tunggal Ika" as it s mot t o. **
Articles 36B
The nat ional ant hem is "Indonesia Raya". **
Article 36C
Furt her provisions regarding t he f lag, language, and coat of arms of t he st at e, as well as t o t he
nat ional ant hem are t o be regulat ed by law. **
SECTION XVI
AMENDMENTS TO THE CONSTITUTION
Article 37
(1) Proposals t o amend art icles of t he Const it ut ion can be put on t he agenda of t he MPR session if
submit t ed by at least 1/ 3 of t he t ot al number of members in t he MPR. ****
(2) Each proposal t o amend art icles of t he Const it ut ion has t o be submit t ed in writ ing and t o ment ion
clearly which part should t o be amended and f or what reason. ****
(3) To amend art icles of t he Const it ut ion t he MPR session has t o be at t ended by at least 2/ 3 of all
members of t he MPR. ****
(4) A decision t o amend art icles of t he Const it ut ion requires t he agreement of at least f if t y percent
plus one vot e of all t he members of t he MPR. ****
(5) Especially t hose provisions regarding t he f orm of t he Unit ary St at e of t he Republic of Indonesia
may not be amended. ****
TRANSITIONAL PROVISIONS
Article I
All exist ing laws and regulat ions shall remain valid unt il new ones under t his Const it ut ion come int o
ef f ect . ****
Article II
All exist ing st at e inst it ut ions shall cont inue t o implement t he provisions of t he Const it ut ion as long as
t hey have not been replaced by new ones under t his Const it ut ion. ****
Article III
The Const it ut ional Court has t o be est ablished at t he lat est by 17 August 2003 and unt il such
est ablishment all it s compet encies shall be carried out by t he Supreme Court . ***
ADDITIONAL PROVISIONS
Article I
The MPR shall review t he cont ent s and t he legal st at us of t he decisions of t he MPRS and t he MPR f or
decision by t he MPR session of 2003. ****
Article II
Wit h t he enact ment of t hese const it ut ional amendment s, t he 1945 Const it ut ion of t he Republic of
Indonesia shall consist of a Preamble and art icles. ****
Remarks
Up t o July 2003, t he Const it ut ion has been amended f our t imes. The ast erisks used in t he t it les of t he
Sect ions or af t er a paragraph in an art icle, ref er t o t he amendment concerned:
* t he First Amendment of 19 Oct ober 1999
** t he Second Amendment of 18 August 2000
*** t he Third Amendment of 9 November 2001
**** t he Fourt h Amendment of 11 August 2002
This present t ranslat ion is an original one, made f or an on behalf of t he Minist ry of Foreign Af f airs of
t he Republic of Indonesia as a Cert if ied Translat ion, and complet ed on July 1, 2003. The work of t he
expert s and t ranslat ors involved was coordinat ed and supervised by Idris Kyrway, cert if ied t ranslat or
f or law mat t ers:
kyrway@indosat . net . id or j bs@indo. net . id.
Comment s are welcomed and e-mail respondent s are assured of a personal reply.
The Translat ion Team has pref erred t o keep t ypical Indonesian t erms and / or acronyms f or which
t here is no st andard English t ranslat ion yet , pending a regulat ion on t his mat t er, in Bahasa Indonesia.
In t he order as t hey appear in t he Const it ut ion, t hese t erms are:
MPR - Maj elis Permusyawarat an Rakyat . The English equivalent most of t en used is: People's
Consult at ive Assembly
DPR - Dewan Perwakilan Rakyat . The English equivalent most of t en used is House of Represent at ives.
DPD - Dewan Perwakilan Daerah, Regional Represent at ives Council.
Dewan Pert imbangan Agung. The English equivalent t hat was most of t en used f or t his abolished
inst it ut ion was Supreme Advisory Council.
Kabupat en - a geographical and administ rat ive subdivision immediat ely under t he provincial level,
of t en t ranslat ed as "regency" when ref erring t o colonial t imes, or as "dist rict " in post -colonial t imes.
Kot a - At t he nat ional level, an agglomerat ion as an administ rat ive unit has t o answer several crit eria
t o be considered a "cit y" or kot a. Yet , since t he int roduct ion of regional aut onomy, t he capit al of a
kabupat en is also called a "kot a", of t en wit hout f ulf illing t he requirement s t o be recognized as a "cit y"
at t he nat ional level. "Kot a" is of t en t ranslat ed as "municipalit y" (Dut ch: gemeent e - French:
commune, municipalit e - German: Gemeinde) but all t hese f oreign t erms may in t heir count ry of
origin also apply t o small administ rat ive unit s some of which would be considered in Indonesia a
"desa" or village.
DPRD - Dewan Perwakilan Rakyat Daerah, Regional House of Represent at ives.
Bupat i - t he Chief of a kabupat en.
BPK - Badan Pemeriksa Keuangan, Financial Audit Board.
TNI - Tent ara Nasional Indonesia. Since t he Police split up f rom ABRI (Angkat an Bersenj at a Republik
Indonesia - t he Indonesian Armed Forces), TNI now ref ers exclusively t o t he milit ary. TNI is of t en
t ranslat ed as "Army", alt hough t his t erm is bet t er reserved t o ref er t o t he ground t roops or land-f orces
(Angkat an Darat ).
POLRI - Polisi Republik Indonesia. The Police, or t he Police Forces.
Sang Merah Put ih - "The Red-Whit e", ref erri ng t o t he t wo colors of t he st at e f lag.
Bahasa - In Indonesian, t he name of a language as f or example in bahasa Inggris or Bahasa Indonesia is
normally preceded by "bahasa" meaning simply "language". When placed bef ore "Indonesia" t he t erm
is writ t en wit h a capit al let t er. When used on it s own, t he t erm "Bahasa" ref ers exclusively t o "t he
Indonesian Language".
Garuda Pancasila - Garuda is a myt hological eagle and among ot her t hings also t he symbol and
emblem of Indonesia's nat ional airline "Garuda Indonesia"; Pancasila is a Sanscrit t erm meaning "f ive
principles", ref erring t o t he 5 t enet s of t he st at e's ideology.
Bhinneka Tunggal Ika - Sanscrit f or "Unit y in Diversit y".
Indonesia Raya - great , or glorious Indonesia.
MPRS - Maj elis Permusyawarat an Rakyat Sement ara. This t erm ref ers specif ically t o t he emergency
session of t he MPR during which President Soekarno was replaced as Head of St at e by General
Soehart o.
Post ed on 2005-11-30