BIODATA SOEKARNO

Birth Name Full Name Familiar Name Religion Place & Date of Birth Place & date of Death Dad Mother Wife 1. 2. 3. 4. 5. 6. 7. 8. 9. : Koesno Sosrodihardjo : DR. Ir. Soekarno : Bung Karno (Pak Karno) : Islam : Surabaya, June 6, 1901 : Jakarta, June 21, 1970 : Raden Soekemi Sosrodihardjo : Ida Ayu Nyoman Rai : Oetari (1921-1923) Inggit Gunarsih (1923-1943) Fatmawati (1943-1956) Hartini (1952-1970) Manoppo Kartini (1959-1968) Ratna Sari Dewi (1962-1970) Haryati (1963-1966) Yurike Sanger (1964-1968) Heldy Djafar (1966-1969) :

Children 1. 2. 3. 4. 5. 6. 7. 8. 9.

Guntur Soekarnoputra Megawati Soekarnoputri Rachmawati Soekarnoputri Sukmawati Soekarnoputri Guruh Soekarnoputra Topan Soekarnoputra Bayu Soekarnoputra (From Hartini) Totok Suryawan (From Kartini) Kartika Sari Dewi Soekarnoputri : Engineer, Politician : Indonesian :

Profesi Nationality Education

1. Primary School Education In Eerste Inlandse School, Mojokerto 2. Primary School Education in Europeesche Lagere School (ELS) Mojokerto 1911 3. Hoogere Burger Sschool (HBS) Mojokerto, 1915 4. Technische Hoge School (ITB) Bandung, 1920

THE PANCASILA EDUCATION

The Pancasila is the philosophical basis for education of independent Indonesia. Prescribe in the Indonesian Constitution, it has been an immovable foundation of Indonesia since independence in 1945. The Pancasila consists of five inseparable and mutually qualifying principles: 1. Belief in the One God Almighty 2. A Just and Civilized humanity 3. The Unity of Indonesia 4. Democracy Based on Cconsultation and Consensus 5. Social Justice for all the Indonesian people. Belief in the One Ggod Almighty is the First principle of the Pancasila. It emphasizes the freedom of adhere to and practivce any of the six religious beliefs (Islam, Chatholic, Protestant, Budhis, Hindus, and Konghuchus)

recognized in Indonesia and respect to one anothers belief and religoius tolerance. Tolerance is the essense of the first principle of Pancasila, a philosophy that has led to the harmony which exists among the members of the different religious groups. A Just and Civilized humanity is the Second principle of the Pancasila. This prinsiple emphasized the humanitarian dimensions of Pancasila. Firstly, it acknowledges equality of men and the necessity of mutual love among men.

Secondly, this principle upholds human values and comples Indonesiana to undertake humanitarian activities, such as helping the poor and promoting Justice and Truth. Thirdly, this principle aalso stresses that Indonesians are an inseparable part of universal brotherhood. A Just and Civilized Humanitarianism is indeed a Pearl of Wisdom from our ancerstors contained in the Pancasila. The Unity of Indonesia is the third principle of the Pancasila. This prinsiple stresses that the nation as a whole with its entire contents and resources is a territorial unit, a place, a living space and a dimensional unit for the entire nation. The Unity of Indonesia also stresses that the Indonesian nation which consists of various ethnic groups, speakingf various regional languages and embracing various religious beliefs in the One God Almighty, must constitute a compact national unit in the widest sense of the word. This third principle emphasises that Indonesians must be united in one nation, must share feelings of solidarity, and must possess one determination in the achievemnent of the ideals of the country. Bhineka Tunggal Ika or The Unity in Diversity is the Indonesian Motto. In a country as culturally diverse as Indonesia, a strong unifying ideology is absolute. The Indonesian archipelago covers an arc of more than 3,200 miles from Sabang to Merauke, with over 3,000 inhabited islands separatedly by large expanses of sea. Both the geography and population of these islands are extremely varied.

There are many disticnt ethnic group speaking 30 major languages and over 250 dialects. Each group has a distinct culture. Factors such as there are likely to propvide an obstacle days of Indonesian independencer, the founders of the Republic had applied the principles of Pancasila as a force towards achieving Iindonesian Unity. Social Justice is intended to keep territyorial integrity and to encourage citizens to participate in the establishment in an orderly world based on independence, overlasting peace and social justice. The five principles of Pancasila mentioned above contain the Pearls of Wisdom from our ancerstors, such as a sense of belongin to the community, tolerance and solidarity, etc. This serves as a foundation that guides and leds the country to its goal are equity, national stability, and prosperity. However, Indonesian history has witnessed several forces that tried to destroy Pancasila as the basic ideology of the country. Small dissident groups attempted to replace Pancasila with other ideology cousing political and economic turbulance. Nevertheless, these dissident groups could be prevented from carrying out their plans-thanks to the protection aand blessings of God Almighty, and the awareness and firm adherence of the people to the Pancasila philosophy. It is since these unheavals that the leaders of our country saw the need of implanting the State Ideology in the minds of people and that every individual should understand and implement the pearl of wisdom contained in its principles. Democracy Based on Consultation and Consensus is the fourth principle of Pancasila.

This principle emphasizes: a) The primary of national interest over individual of group interest. b) Consultation and consensus in order to reach a decision. c) The use of a common sense in making decisions. d) The sense of moral responsibility in decisionss to the Almighty. The fourth principle of Pancasila aalso assures the participations of every individual in political, social and economic life through their representaatives in the Peoples Consultative Assembly (The MPR) and the Parliament (The DPR). The Peoples Consultative has seccions once every five years, while the Parliament holds meeting regularly. Generaal Elections, which are manifestations of the Pancasila democracy, are hel;d once every five years and are carried out based on the principle of being Direct, General, Free, and Secret. They are organized by the President with social and political organizations as participants in the General Elections. Since the New Order Government in 1966, Indonesia has held 8 Generel Elections in 1971, 1977, 1987, 1992, 1997, 1999, 2004, and 2009. Social Justice is the fifth principle of Pancasila. This principle means that the Pancasila society aims to creat Justice and Prosperity. It also aims to improve living standards, to enlighten, protect and educate citizens.

The Pancasila also has been the key Philosophical concept in Indonesian Formal Education. Without a clear and accurate understanding of the Pancasila, it is not possible to understand properly the national education of independent Indonesia. The educational movement based on Islam was born mainly by two organizations. Muhammadiyah and Nahdatul Ulama. Muhammadiyah was established in 1912 by Ahmad Dahlan, aiming for reform of the Iislamic system. It tried to realise Islamic society based on the genuine ideas of Islam by reviving Al-Quran and Sunna, the original teachings of Islam. Nnahdatul Ulama was established in 1926 in opposition to the Islamic reform movement principally champiuon by Muhammadiyah. Its founder was Hasyim Asyari, the leader of a Pesantren, a tradistional Islamic education institution. Muhammadiyah and Nahdatul Ulama have continued to compete with each other as two major Islamic powers up to the present. Both free themselves from the heavily religious prinsiples of education and concentrate on secular education. This tendency is, however, stronger in Muhammadiyah. Raden Ajeng Kartini is well known as a Pioneer of the national movement as well as the womens liberation movement. Kartini thought that education was a paramount importance in order to emancipate women and raise their social status. She felt the importance of professional education in enchancing womens social status. With this belief, she tried to realize her ideal by establiushing a Schhol for Giorls in 1903 in Jepara in Central Java, the place of her birth, and in Rembang where she lived aafter marriage. Although her ideal was not realized by her death

in 1904, the torch of the womens liberation movement through education did not die. In 1904, Dewi Sartika established a School for Girls in Bandung, and in 1905 Rohana Kuddus established a School for Girls in Kota Gadang, West Sumatera. In 1922, Ki Hajar Dewantara The Father of National Education established the Taman Siswa in Jogyakarta. He summarized its purpose in seven principles. 1) The Among system. Among means Nurture in Javanese. The concrete meaning of Among is that education is to promote the natural talents of a child and not to make him/her learn through compulsion and punishment. 2) Guiding children to think and act of their own free. 3) Based on the Indonesian culture.(the principle of culture) 4) Democratic education (the principle of democracy) 5) The Liberty of the country (the principle of non-cooperaation) 6) The principle of Self-reliance 7) Cohabitation of teachers and pupils. When Indonesia achieved independence, Dewantara reexamined the seven principle prescribed in the purpose of establishing Taman Siswa. He made public The Five principle of Taman Siswa n(Panca Darma) in 1947 1) the principle of Freedom 2) the principle of Natural talent 3) the Principle of Culture 4) the principle of Nationalism 5) the principle of Humanity

Answer the following Questions about the meaning of the Pancasila 1. What are the five principles of Pancasila? 2. Why does Indoinesia bneed a strong unifying ideology? 3. How many religious groups are there recognized by the State in Indonesia? 4. What is religious tolerance? 5. Can you naame ssome dissident groups that haaave tried to replace Pancasila with other ideology? 6. How many general elections has Indonesia had? 7. When do members of the People Consultative Assembly meet/ 8. What are the Parliament and the People Consultative Assembly a manisfestation of? 9. The second principle of Pancasila stresses that Indonesians should participate in humanitarian activities. Can you name some humanitarian activities? 10. Can you explain the concept of Man in his totality?

THE PANCASILA DEMOCRACY

In the clarification of the 1945 Constitution is stated Principles of democracy and Musyawarah (deliberation) in the system of state government. Some people syas that we do not need to call our democracy. Pancasila Democracy, because it is just democracy. This opinion is sometimes caused by the fact that we use the term Pancasila Democracy, and yet our practice is very different, we have not implemented the ideals of Pancasila Democracy. By using the term Pancasila Democracy, we also emphasize that we do not want to return to the Liberal Democracy of Western Style that we adopted in 1950s nor do we intend to adopt the peoples democracy of the Eastern Block Countries. The state is generally designated as an organization of power, but the Republic of Indonesia which is based on the 1945 Constitution should be interpreted as organization of the Indonesian people having an aim formulated in the Preambule of the 1945 Constitution in the principle of the Pancasila : To establish Social Justice for the Whole People of Indonesia in other words, to give happiness t o all our peoplke. And the Government of the Republic which we wish to establishe in accordance with the Preambule of the 1945 Constitution.is a Government for the Indonesian state; to ptotect the whole Indonesian people and territories; to promote the public welfare; to improve the spiritual/mental life as well as to raise the standard of living; and to participate in establishing a world order, which is founded on freedom, eternal peace and social justice. The Preambule emphasizes the form of democratic state which is based on Pancasila. Pancasila is the philosophy of our state, and the Preambule of the 1945

Constitution contain The Aim of the State and our basic concept concerning the Place of the Indivual in Society. In the philosophy of Western democratic states in general the main aim is to safeguard the human rights, a concept which based on the importance of the individual. On the other hand, the states of the Eastern Block, maintain an aim on the basis of the totality of society (totalitarian system). With Pancasila we see human beings in contrast Bondage in their life relations; nevertheless, they are respected and protected individually. In short, we aim to achieve a harmony, hence the use of the word Family. This is the reason why the clarification of the 1945 Conmstitution mentions the Constitution of the 1945 Constitution mentions the Constitution as based on the system of Family Realationship. If we want to build a Pancasila state and society our thinking should be oriented to the Pancasila way of thinking. In that way, our democracy must be a democracy imbued with the spirit of Pancasila, example a democracy which applies the fourth sila of Pancasila, that is a Democracy led by the wise guidance of deliberation by the representative Conggress Pancasila Democracy is different from Liberal or Totalitarian Democracy. in our political life, sometimes Pancasila has been brought into Conflict with Islam or Jakaaarta Charter. In truth, all tghe silas of Pancasilaaa are to be found in Islamic Teaching and deliberation is certainly an Islamic Terminology and Teaching.

When one wants to discuss the separation of state and religion, one finds that the 1945 Constitution firmly emphasizes that the Republic is based on the Belief in the Almighty God. Religion is not separated from God, in as much as it is the teaching and law of God, which He reveals to his prophets and messengers. That is the reason why the Republic, since its foundation, has played an active role in the fostering of religious life through its Department of Religious Affairs.

THE PHILOSOPHY OF PANCASILA

The philosophy of Pancasila which underlies the Preamble as well as the body of the 1945 Constitution is a philosophy extracted from the essence of the dynamic and positive Indonesian personality. By dynamic is meant that it can adjust itself to the changing conditions and not bound to out-dated social values, and by positive is meant that its aims at consciously building up the unity of the Indonesian nation which culminated in the unitary Republic of Indonesia, which is striving to achieve a just and prosperous society, friendship among nations of the world, a world which is free from suppression and exploitation. The spirit of family relationship having the soul of Pancasila corresponds with the Indonesian personality, which is not only valid in the life of the Indonesian state, but also applicable in promoting friendship among nations of the world. It stands toreason that all the live silas form a unified whole, indivisible- it is a totality possessing a complete soul. As a totality, Pancasila mustnot be split or changed its original order or its each wording. It is a totality which must not be

reduced to less than five silas; every effort to reduce it will result in its corruption. Pancasila as the philosophy of state did not originate from a foreign source but was dug out from Indonesian soil. Hence, it is the world-outlook and the way of life of every Indonesian citizen. In the sila of the Belief in Almighty God is contained a principle that the Indonesian nation is one which reveres God the One; that is in conformity with the righteous and moral humanity. The state guarantees freedom of worship and religion foreach citizen in accordance with his own belief, with a provision that each must respect and tolerate others in as much as toleration is the culmination of the sila Belief in God. The sila on the righteous and moral humanity contains a principle of friendship among nations,aiming at the building up of family of nations of the world. The sila of the Unity of Indonesia contains the principle of a unified nation which is not chauvinistic in as much as this principle admits that each nation is entitled to self determination, free from others interference. The sila of a Democracy led by the wise guidance of deliberation by representatives Congress contains a principle guarantering that Indonesian democracy is not of a totalarian orliberal nature. The sila of Social Justice for the whole of the Indonesian people means that everybody in Indonesia shall have equal position before the law, just dealing in regard to political, social, conomic, and cultural affairs that the exploitation of man by man shall not be tolerated in our effort to ahieve a just and prosperous society.

PANCASILA DEMOCRACY
Pancasila Democracy as a system of government means that the people have the rights to determine the form of government and to participate in making the government function, so that they can bring their ideals into realization. A government from the people must conform to the outlook of the people, which is Pancasila, and because of that Indonesian democracy is called Pancasila Democracy. This means that Pancasila Democracy is based on the Belief in God Almighty, Righteous and moral humanity, the Unity of Indonesia, and a Democracy led by the Wise Guidance of deliberation by the Representatives Congress ensuring Social Justice for the whole Indonesian people. All decisions made in a deliberation shall not be any which is not conformity with each sila in Pancasila. Pancasila Democracy is not a democracy which depends entirely upon the formal power of themajority. It takes into consideration norms and limitations met with in a moden state which we want to achieve. Besause in Indonesia are found various regious, ethnic groups, religious- Bhineka Tunggal Ika or Unity in Diversity, it is imperative that the interests of each group be properly respected and protected. In making a decision, efoorts should always be made the maximum to achieve a consensus (in a deliberation), but if this fails a decision can be reached through voting, as stipulated by the 1945 Constitution. In a democracy,every peoples representative must regard public interest as his highest interest, and in co-operating with his colleagues, he must pledge himself to

God, to the Nation, and to the Sate. He must be given the opportunity to express his opinion which he forms on the basis of the people that he represents. The representatives of the people as well as other state functionaries in their capacities as the servants of the people, in their jobs of implementing the peoples ideals and sense of Justice, must do their utmost to safeguard the interests of the state; they must promote national consciousness and good citizenship among the people. The spirit of Unity and Unitedness of the whole nation should be promoted in Mutual Helping way, on the spirit of system of family relationship. In line with the attributes and characteristics of the Indonesian society, the state chooses a certain political concept which unites it with the whole people; the state needs support from all groups in society. In this sense the state does not align itself with any particular group of power in society, but behaves as a receptable which harbours and unifies all groups in their efforts to realize the aim of Pancasila and the 1945 Constitution in all its manifestation. The state approves and respects all groupings in society, and in turn all groups as well as individuals must realize that they are part of the state as a whole, they must strengthen unity and promote harmony in society. All this does not mean that the state will monopolize in arranging all walks of life in society; to achieve efficacy and efficiency, it will allow individuals and private institutions to take a lions share in developing the country.The state assigns in the central as well as the regional government to excute plenty of tasks, but these tasks should not stand in the way for individual or private initiatives and efforts.

THE DISTRIBUTION OF POWER

According to the 1945 Constitution, the system of our government in based on the division or distribution of power. The distribution of power in Indonesia state is effected in the spirit of family relationships as the manifestation of the characteristics of our society. This distribution of power is required in family life; in a big family, such as the nation, we certainly need the distribution of power when we want to establish a government. However, what is emphasized is not the principale of the distribution of power, but the distribution of tasks and duties, of the state organs and institution authorized to implement the aim of state. This distribution of tasks and duties occur horizontally and vertically. The horizontal distribution certains to the distribution in regard to various types of field, whereas the vertical distribution concerns with a particular field in various levels. The 1945 Constitution stipulates in Article 1 and 2 that sovereignity is vested in the people and executed by the MPR as the higest authority. These articles contain th principle of democracy which shows that it is the people that have the power over all the actions and authority of the state. This power will be wielded to execute all tasks and duties, which should not run counter to the aim of independence, which had been the ideals of the people since the beginning of the struggle until the proclamation of independence. In as much as the people as a whole are not in a position to execute the tasks directly, the MPR is established, which will not on behalf of the people. It is therefore clear that the peoples Congress (the MPR) is the highest institution of

the state. It determines the main course of state policy which President must execute. President, who is elected and appointed by the MPR, is subordinated and responsible to the MPR. Before functioning, he and the vice President are sworn in (or utter a solemn pledge) by the MPR Chairman in the presence of members of the MPR and the DPR. In executing his tasks as Head of the Government, President has the full Authority and Responsibility. The office of President is very important in our system of government in as much as he is wholly responsibility for any actions of the government. Today, President, and theDPR are elected by the people. The 1945 Constitution, nevertheless does not follow the autocratic for President, in addition to being responsibility to the MPR must co-operate with the DPR in creating laws. The MPR besides having the authority to controlPresident, also has the authority to survive and evaluate actions and deeds of othe state institution (functional control and evaluation). Control and check over the government are not only carried out by official institutions as stipulated by the 1945 Constitution; the people as a whole throught mass organizations, political parties, and the press as well as the functional group can also exercise control. All this is regulated by law. Since we have the government which execute a policy which has been determined by the people through their representatives in the MPR, and we also have the DPR (Parliament), to control and check the execution of that policy, and the DPA

(Supreme Advisory Council) to advice President, we can implement the ideals of the People properly. Today, the DPA is changed to the Watimpres (President Advisory Council Team). But what is the most important in the government and in the life of state, is of course thementality, the integrity of the state apparatuses, the uprightness of the governments leaders, and the mental attitude of the people towards public affairs. Even if we have a Constitution which is imbued with the spirit of Family relationship, yet if the inclinations of the state officials and the government leaders are towards individualism, the Constitution will be meaningless in practice. On the contrary, even if posses an imperfect constitution, nevertheless we have well meant and upright officials, this imperfect Constitution will not obstruct the smoothand beneficial functioning of the government.

THE SYSTEM OF OUR GOVERNMENT

The system of our government as the state ruled by law is a Constitutional government with the MPR holding the sovereighnty. The Indonesian state is a Constitutional state based on Pancasila, and not state simply based on power. As a Constitutional state, it determines its organs first before those organs are assigned power to execute laws and regulations which have been made by the proper bodies appointed for the purpose. Here are the main characteristics of a constitutional state: 1) The recognition and protection of the basic human rights. 2) The existence of free courts of law. 3) The rule of law all its manifectations.

Pancasila as the basic principle of our state must give soul to all the regulations and their implementation. As a state riled by law, Indonesia gurantees the basic human rights for the citizens. Everyone is equal before the law, individual whims or vested interests should not dominate our laws. It is the duties of state functionaties to establish Justice and Truth on the Pancasila basis, and for this purpose we need regulations to implement the law. Further more, laws which have deep root in our society and state, in addition to their function of regulating government machinery, have another function that is protecting function. This protecting function should be instrumental in our effort of realizing the national ideals. In order to establish Justice, Truth, and Rule of law, we must have strong Judiciary which should be Free from other institutional influence. But this does mean that to implement the peoples ideals we should depend solely on the Judiciary, but on other institutions as well. In that way, the establishment of justice and the smooth functioning of the government can go hand in hand. In the Clarification of the 1945 Constitution we find: The Congress (MPR) holds the highest authority in the State whereas President executes policy whose main course has been formulated by the Congress. President who is appointed by the Congress is subordinated and responsible to the Congress. He is Mandataris, the agent of the Congress. He is obliged to execute the Congresss decisions. He is the highest executer next to the Congress.

Concerning control over government, it says: the DPR can always control Presidents actions and it finds that President has violated the aim of state which has been determined by the Constitution or by the MPR, it can call a Special MPR Session in which President has to answer for his actions. The main tasks of the MPR, according to the Clarification of Article 3 of the 1945 Constitution, are as follows: In as much as the MPR holds the authority of the state, its power is unlimited. In view of the dynamics in society, once every five years, the MPR after having abserved tendencies in society makes decisions as what to be the main course of state policy for the next five years. In view of the fact the MPR is supreme holder of state power, in order to maintain its dignity and power, it will deal only with the General principles of policy, which are confined to the basic structure and aim of state. This is significant: It aims at maintaining good relationship between State institutions as well as Harmony among the people, who have critical judgments and a variety of wishes. In the framework of implementating the Constitution, the MPR is given the opportunity to revise the functions and relationship of state institutions in the light of development occurring in society. It has become a Consensus among us that the leaders of the MPR and its Executive Bodies should shun duplicating the tasks of controlling the government, which is the province of the DPR. The main tasks of the DPR as stated by the Clarification of Article 33 of the 1945 Constitution are as follows: In what manner the people as a nation should conduct its life, and in what way it should obtain the necessary expense, must be determined by the people themselves, and this is to be done through the DPR.

The main tasks of President, as stated by the Clarification of Article 5 of the 1945 Constitution are as follows: President id Head Executive in the state. To implement the Constitution, he has the Rights to establish Governments Regulation. In addition to his Executive power, President together with the DPR also function as Legislative Power.

CONCERNING THE SUPREME COURT

As a state institution which deal with the technicalities of Law and Courts of Law, the Supreme Court as well as others Courts of law are not subordinated to any External power and authority. This principle of having a Free Court is essential in a stated ruled, because if the Courts are not Free, Justice and which reflect societys conscience can not be established. The Supreme Court is the Highest organ of the Judiciary, both Civil and Military. Subordinated to the Sumpre Court, we have High Courts and Local Courts. The Supreme Court as well as other Courts are very important when they are Executing their tasks, they interprete Laws by doing so they participate in all state efforts and observe the dynamics in society in regard to law. The Supreme Court is also entitled to evaluate whether regulations at the lower Eschelons do not contradict the regulations at the Highest Levels, but the authority to withdraw contradictory regulations belongs to the Makers of the Regulations. If the makers of the regulations are not prepared to withdraw them, the Sumpre Court has the Right to refer the case to the MPR for solution. That is how the distribution of power is conducted in the Republic of Indonesia.

The 1945 Constitution aims at achieving Natural Harmony between the Executive, Legislative, and the Judiciary. It aims at creating a stable state as well as a vertical stability between Central Government and Local/Sub-Local Governments, a harmonious relation between the government and the people. Pancasila/ the 1945 Constitution leads to Natural Harmony. THE WORKING OF PANCASILA DEMOCRACY a) Article 2, section 3 of the 1945 Constitution says: All decisions of the MPR are taken by a majority of votes. The fourth sila of Pancasila is a Democracy Led by the Wise Guidance of Deliberation by the

Representative Congress. b) The essence of the deliberation to reach a Consensus its pure form is the special method of reaching a decision originating from Democracy Led by the Wise Guidance of Delibertion by the Reprsentative Congress, a decision which is based on the wishes of the people. This guidance is equal to reason, which takes into consideration National Unity, the interests of the people as a whole as promulgated in the Preamble of the 1945 Constitution, aiming at creating a Government which reflects the aspiration of the whole people who desire a Consensus (Deliberation), a consensus whichwill be executed with Full responsibility. c) Deliberation is conducted on the basis of consciousness and sense of responsibility of the participations over their Rights and Duties. Hence each chairman and member as a rule should attend the deliberation.

d) A deliberation can be held when all groups of the participants have been represented, if this is not the case, when Two Thirds of the members attend the meeting. Each participant is entitled to have the opportunity and Freedom to express his opinion and constructive criticism about problems which are under consideration. 1) Consensus and/or decision taken by a Majority of votes in a deliberation should be Consensus of high quality, constitutional, and not contrary to the deals of the 17 August Proclamation, as formulated in the Preamble and the Body of the 1945 Constitution. 2) Every effort should be made to reach a Consensus in a Deliberation. 3) When a Consensus is not reached (2 above) the chairman at the meeting must do their utmost to persuade the participants to come to an Agreement. 4) When all this (3 above) Fails, a Decision can be taken by a Majority of votes in Confirmity with the 1945 Constitution. The fourth sila of Pancasila is the principle which is directly indicative of the type of our Democracy; nevertheless it has to be remembered that Pancasila Democracy encompasses all other sila of Pancasila. The Mechanism of Pancasila Democracy does not concern only with the principles in conducting Deliberation, but also with matters relating to democratic implementation, with principles which guarantee peoples participation in the government oftheir control over public affair, both in the Central as well as in the Local government. In fact, every state official and government office should be

practicing Democracy which is led by the wise guidance of deliberation by the representatives Congress.

THE IMPLEMENTATION OF PANCASILA DEMOCRACY

The implementation of democracy at the moment is still in stage of transition and understandably not yet carried out fully. Here are some examples: 1) The balance between the Legislative and the Executive body is not yet up to what the Clarification of the 1945 Constitution states: Although President is not responsible to the DPR, he is not a director with an absolute power. He is responsible, as has been stated above to the MPR, as well as to be attentive to the DPR. The DPR has a strong position. President has no Right to dissolve it as is in Parliamentary System. Furthermore, every member of the DPR is concurrently also a member of the MPR. Therefore, the DPR is in a position to Control Presidents action, and if it considers that President has violated the state aim that has been determined by the Constitution and the MPR, the DPR can invite a Special MPR Session in which President must answer for his action. The DPr can always have control over President. 2) The balance between the Executive and the Judiciary is certainly not yet quite satisfactory. Concerning this, the 1945 Constitution states: The authority of the Judiciary is Independnt from any influence and authority of the government.

3) The balance between the power of the Central, the Provincial, and the Desa governments is not yet up to what is required by the 1945 Constitution. 4) The relationship between the people and the government still needs improvement. 5) The position of Cabinet Ministers still need Re-adjusment to the line of the Constitution. State ministers are not simply High Ranking officials. Although subordinated to President, and depending on him for their position, they are not simply High Ranking civil servants, because in practice, it is they who execute Government Policy. What is required of a Ministry is not Expertness, but Leadership. 6) The position of the Governor and the Desa Chief still needs to be strengthened. Otherwise a Governor or a Desa Chief can not function satisfactory as the Mandataris the Regional/Local House of representative or the Desa people. We often hear complains made by Governors about too much what is called Verticalism and Centralism.

REGIONAL AUTONOMY AND DEVELOPMENT

Regional Autonomy and Development are two aspects of the main Tasks in our effort to develop a Just and Prosperous Society. The problems of regional autonomy have been neglected since 1945, its law has been uncertain, its implementationhas been kept postponed.

PANCASILA AND ISLAM

Pancasila and Islam are interesting. On Pancasila, we have a lot catch up. Other students had attended courses in Pancasila while they were in Elementary School. Their knowledge of the philosophy is Extensive. Some of them are discussing the latest Issue of Pancasila. Some people in the Indonesia society are questioning Pancasila and Islam. But President Soeharto said that Pancasila and Islam are not to be Constrasted. It seems that they do not understand the history of Pancasila and its Logic. Pancasila is translated into the 1945 Constitution. The 1945 Constitution is the constitution or basic Legal Framework for all sections or group of Indonesian society to live together in the Indonesian state. Each group or section should Contribute its most to make Pancasila and the 1945 Constitution a Living Reality. Islamic community is one section of the Indonesian society. It, therefore, must contribute its utmost. Its adherents must practice the Islam Faith and Values consistently as State in the First principle of Pancasila Belief in the One G od Almighty. Therefore, Pancasila and Islam are Fully consistent with and Support of each other. The five principles of Pancasila are also taught in Islam; in fact, they are basic Islamic values. So, we can conclude that Pancasila is a guidance for life on earth while Islam is a guidance for both life on earth and in the hereafter.

CONPREHENSION
Answer the following questions about the meaning of Pancasila and Islam. 1) How is the pancasila translated into the 1945 Constitutions? 2) Explain how the 1945 Constitution becomes the basic Legal Framework for all sections of the Indonesian society. 3) How can you contribute your utmost to make Pancasila and the 1945 Constitution a Living Reality? 4) State some reasons why Pancasila and Islam are not contradicting each other. 5) What are the Islamic Values that are embedded in the Pancasila Philosophy? 6) Why do you think that some members of our society like to bring up the subject of Contrasting Pancasila and Islam?

CONSTITUTIONAL LAW IN INDONESIA

The state of Indonesia is structured as a Unitary Republic and its present form of government is based on the 1945 Constitution. According to this 1945 Constitution the Sovereignty to the state is vested in the People and exercised by the the Peoples Consultative Assembly (MPR). The 1945 Constitution also provides for establishment of Four independent branches of the Government: 1) The President 2) The House of Peoples Representative (DPR) 3) The Audit Board (BPK) 4) The Supreme Court (MA) The Constitutional of the Indonesian Republic is placed the context of customary law called Adat. This Adat Law puts emphasis on reaching Consensus through Mutual Consultation. Some attention is paid to these Adat Law condition, the 1945 Constitution and the State Ideology Pancasila followed by a Description of the Formal Legal System and its main actors: the Legislature; the Political Parties; the Executive, and the Judiciary.

ADAT LAW
Adat comes from Arabic Hadat which means Right conduct, Social behavior according to Local Custom. Adat Law is the term by which that part of custom adat is denoted which has Consequences in law.

The maintenance of Adat Law at the Local Level is the concern of the community as a whole (through its Tradisional Leaders) and is pursued through GIVE and TAKE. In the traditional manner of reaching a Consensus through Mutual Consultation. The purpose of Adat is to bring back Peace and Harmony within the group. Adat and Adat Law are still flouring in the small semi Autonomous Communities which used to form the basis of Social Life through the whole Archipelago and therefore can Change from Locality to Locality, and from Clan to Clan, although there will be affinity between different Areas within a given geographical region. Article 27 of the 1945 Constitution which lays down the principle of Equality of All citizens before the law and which does not allow Differentiation on the basis of the Social and Legal needs of the various groups of the population, seem to have opted for a Unitary System of Law.

PANCASILA AND THE 1945 CONSTITUTION 1) Three Constitution between 1945-1959

After the Proclamation of Independence by Soekarno and Hatta on August 17, 1945 Indonesia had a Temporary Constitution. In the Preamble are stated the Five principles, Pancsila on which the Indonesian State is based. According to Article 1 of this 1945 Constitution the Indonesian State shall be Unitarian. In 1949 a new, Federal Constitution was introduced as part of the transfer of sovereignity to the Republic of the United States of Indonesia (RIS) agreed by the Round Table Conference and taking effect on December 17,

1945. However with a year it was decided to Re-establish a Unitarian Republic of Indonesia. A committee for the Preparation of the Constitution of this Unitary Republic was installed under the Joint Chairmanship of Soepomo (the Minister of Justice of the Republic of the United States of Indonesia) and Abdul Hakim (Deputy Prime Minister). The seven appointed membersagreed on a Draft Constitution. This Provisional Constitution ratified on August 14, 1950 by both the Parliaments concerned replaced the Federal Constitution of 1949 and thus become Indonesias third Constitution. This Constitution made the Executive and the Cabinet responsible to the Parliament, through it failed by and large to specify by what mechanism. The President had the power to Dissolve the parliament, but the Prime Ministers power were not specified. On his recommendation the President appointed the ministers. The Parliament had no Authority to Survive the President. The Government, President and Cabinet had the Authority to Enact Emergency Legislation. Since 1956 a Constituent assembly had been meeting but it failed to agree on the future form of Government. Early in 1959, President Soekarno proposed to restore the 1945 Constitution and using Law powers, the Assembly was dissolved. On July 5, 1959 the 1945 Constitution was reinstated by a Presidential Decree of Soekarno, Supreme Commander of the Armed Forces.

2) PANCASILA, A STATE IDEOLOGY

The 1945 Constitution contains a preamble. In this preamble Five principles are enumerated at the end: a) Belief in the One Supreme God b) Just and Civiled Humanity c) Unity of Indonesia d) Deliberative Democracy e) Social Justice These five principles Pancasila were announced by Soekarno in his remarkable Speech of June 1, 1945 to the Investigating Committee for the Indonesian Independence. In fact this body was at that time discussing the Territorial boundaraies to be claimed by an Independence Indonesian State. Introducing the Pancasila Soekarno did not define precisely these boundaries, but provided the Ideological for Indonesian State. In drafting the Preamble, the Committee did not turn for Inspiration directly to the June q Speech of Soekarno but to the Jakarta Charter of June 22, 1945 signed by Soekarno, Hatta, Agus Salim, and Yamin. This Charter later was invoked by Soekarno in his Presidential Decree of July 5, 1959, reintroducing the 1945 Constitution with following words: We are convined that the Jakarta Charte r of June 22, 1945 gave inspiration to the 1945 Constitution and contributes one link in a single chain with that Constitution. In 1946, six months after independence, Soekarno himself declared Pancasila is not a product of recent times. Decdes before Japan moved southwards these ideals lived in the Indonesian movement. Now we want to implement those to become the Fundament of the State.

In 1985 the House of Representatives (MPR) adopted after a long discussion and with widely herad criticism the law on social organizations in which the vast array of non-government organizations are required to adopt the Pancasila as their Sole Foundation.

3) The 1945 Constitution

This constitution has only 37 Articles. According to the 1945 Constitution, the Supreme state power is vested in the Peoples Consultative Assembly (MPR) as the institutional embodiment of the entire Indonesian people. The assembly amends the Constitution determines the general outlines of state policy, and elects the President and Vise-President.. The position of the President is subordinate to that of the Assembly. However, in enactment of Legislation the President mut co-operate with the House of Representatives (DPR). Although the President has to co-operate with the House, he is not answerable to it. In otherwords, his position is not dependent on the House. The President has the Right to appoint and dismiss Ministers who are his assistants, and their positionis dependent on him. The House of Representatives can not be dissolved by the President, as was the Case under the system of Parliamentary Democracy in the period 19491959. In addition, the members of the House are authomatically members of the Consultative Assembly as well. The 1945 Constitution also established a Supreme Court (MA), an Audit Board (BPK), and a Supreme Advisory Council (DPA) which gives advice to the President on matters of State Policy. The organization of the state as emanating from the Constitutioncould schematically be depicted as follows:

Pancasila The 1945 Constitution The Peoples Consultative Assembly (MPR) (Article 2-3) President (Article 4-15) Audit Board (Article 23) House of Representatives (DPR) (Article 19-22) Supreme Advisory Council (DPA) (Article 16) Supreme Court (MA) (Article 24-25) Ministers (Article 17

THE LEGISLATURE PEOPLE S CONSULTATIVE ASSEMBLY (MPR)

The Peoples Consultative Assembly (MPR) is the Highest Legislative body in the State according to Article 1 paragraph 2 of the 1945 Constitution the

Sovereignty shall be vested in the people and will be exercised by them through this Assembly. By President Regulation Number 12 of December 31, 1959 the composition of the Provisional Assembly was settled at 575 members including the entire House of Representatives consisting of 281 members; 94 delegates of provinces and 200 Representatives of functional groups such as Farmers, Women, Students, Intellectuals, and Military. In November 1969, the House of Representatives enacted a Statute regulating the membership of the Assembly for the 1971 election. This laid down in Law number 16 that the Assembly should consists of 920 members including all 460

members of the House (who are partly appointed). In addition to the House members the President would appoint 207 members, of whom were 155 from the Armed Forces and 52 from the GOLKAR. In 1984 a proposal was made to increase the total number of the Assembly to 1,000 of 500 would be the new number of Representatives in the House. This was accepted and will take effect in 1987.

THE HOUSE OF REPRESENTATIVES (DPR)

TheHouse of Representatives (DPR) is the principle legislative body of Indonesia. Three main functions of the House can be distinguished. In the first place the House is verted with Legislative power according to Article 20, paragraph 1 of the 1945 Constitution. As article 5 stipulates this Legislative power is conjoint with the President. Laws enacted jointly by the President and the House rank directly after the Constitution and the Assembly decrees. A number of matters must be prescribed by Law, such as the composition of the Assembly and the House, the Supreme Advisory Council, and the Audit Board. In accordance with article 23 of the 1945 Constitution the second major function is approve the annual budget. If there is no approval the budget of the previous year shall be followed. The third function of the House with regard to declaration of war and peace and treaties with foreign countries provided for by article 11 is rather weak because modern President no longer issue such formal declaration and rarely enter into formal treaties. It must be emphasized that the president is not responsible to the House, which means that the Presidents position does not depend upon the House .

In 1955 the first General Elections were held in Indonesia to elect the members of the House of Representatives in accordances with the 1950 Constitution then in force.

ELECTIONS 1955 ELECTIONS

The elections for the Parliament under the 1950 Constitution were deferred until 1955 while the elections Bill of 1952 was being elaborated and the parties were building up their constituencies. The elections held later in 1955 were generally considered to be Fair and could Boast a 91 percent turn out. Four parties shared 78 percent of the votes: the PNI with 22.3 percent, the Masyumi with 20.9 percent, the NU with 18.4 percent, and the PKI with 16.4 percent. The remainder was split up between 24 different parties.

1971 ELECTIONS
In 1971 the second General Elections took place under New Electoral Laws of 1966. Law Number 15 concerning the election of members of representatives bodies, and Law Numner 16 dealing with the composition and position of the Assembly, the House, and the Regional House of Representatives. According to article 9 all Indonesian over 17 years of age who were married had the Right to vote. Article 16 stipulated that those Indonesian over 21 years old were eligible as candidates for election. However, provisions were made in

article 2 and 16 that members of the Former PKI and other Illegal organizations were Deprived of the Right to vote and the Right to stand for election. In this 1971 Election campaign anything was Prohibited that might Discredit the pancasila and the 1945 Constitution. The result gave GOLKAR 392 Representatives out of total of 920. The second largest group in the Assembly was the Armed forces with 230 seats.

1977 ELECTIONS
Membership is open to people of 18 years of age or younger if married. Memmebrs must be Screened by the Party Leadership. Something should be said here about Electoral Malpractices in 1977: 1) There was the system of Freedomfrom Political Parties which was practiced during the 1971 and to a lesser extent during the 1977 elections. 2) The Polls were held on a working day and Civil Servants were required to cast their votes in their offices instead of in Public places. 3) The Developemnt Unity Party (PPP), and the Indonesian Democratic Party (PDI) staged campaign activities. 4) The government facilities such as Transport and Duplication facilities were put at the Disposal of GOLKAR and its supporters. The result GOLKAR raised its share to 64.34 percent, the PPP 27.78 percent, and the PDI 7.88 percent. The four seats allotted to East Timor were taken from the 25 appointed GOLKAR members and not from the 75 ABRI (Armed Forces). 1999 ELECTIONS

Against TWENTY-EIGHT Political Parties represented in Parliament in 1955, there were TEN Political Parties in 1971, only THREE from 1977 to 1998, and only FORTY-EIGHT since 1999. The result gave the Indonesian Democratic Struggle Party (PDIP) 154 seats, GOLKAR 120 seats, the Development Unity Party (PPP) 57 seats, PKB 52 seats, PAN 35seats, PBB 10 seats, PKP 9 seats, PK 4 seats, PDI 3 seats, PDKB 3 seats, PNU 3 seats, PBI 3 seats, IPKI 1 seat, PAY 1 seat, PP 1 seat, PP 1 seat, PSII 1 seat, PNI-MM 1 seat, and P Krisna 1seat.

2004 ELECTIONS
TWENTY-FOUR Political Parties in Parliament in 1955. The result gave the Democrate Party, GOLKAR, PPP, PKS, PAN, PKB, PDIP, PBB, P Merdeka, PDK, P.Buruh, PNI Marhaenisme, PNBK, PKP, PDI, PKPB, PBR, PDS, P.Patriot Pancasila, P. Pelopor,

2009 ELECTIONS
The result gave the Democrate Party, GOLKAR, PDIP, PPP, PKB, PKS, PAN, Gerinda, Hanura,

2014 ELECTIONS
Golkar, PDIP, PPP, PKB, PKS, PAN, Gerinda, Hanura, PKP, Demokrat, Nasdem. THE EXECUTIVE The President The President is subject to the Authority of the Peoples Consultative Assembly (MPR) who electe him for a five year term and cn discharge him in case he seriously Violates State Policy or the Constitution. The President is Head of State and Head of Government at the same time, and in the Former capacity He is also Supreme Commander of the Armed Forces and has Several other Executive power such as the power to Conclude Treaties. The President must be an Indigenous Indonesian, Belief in God, older than 40 years, and not have been Involved in Subsersive Activities. State of Emergency This was not explicity based on article 12 of the 1945 Constitution. This reads The President shall declare a State of Emergency. The prerequisite to and results of a stae of emergency shall be established by Legislation. Such Legislation exists in the form of a 1957 Law concerning the State of Emergency.

The question of emergency legislation is further complicated by the Extensive use of Executive (emergency) decrees instead of Formal legislation, authorized in yet another way by the Constitution. Article 22 of the 1945 Constitution allows the President in case of a crisis to Issue Government Regulations in lieu of legislation. The second paragraph of article 22 stipulates that such regulations must be ratified by the House in the next session and paragraph 3, that without such ratification the regulations must be revoked.

THE FORMAL LEGAL SYSTEM

Sources of Law During 69 years of independence, Indonesia has had Four different Constitution. Summarizing the sources of Law, FIVE periods can be distinguished. The First period is 1945 1949. Government Regulation number 2 of 1945 Retroactive to August 17, interpreted the transitional article to mean that Colonial Law Survive only the extent it was not Contrary to the 1945 Constitution. The Second periode 1949 1950. The 1949 Federal Constitution accepted the law in Force at the moment The Third period 1950 1959. Within months after its coming into force the Federal Constitution was replaced by the Provisional Constitution for a Unitary State.

The Fourth period is from 1959 onwards. With the Return to the 1945 Constitution. Presumably Legislation of the Republic, the post-independence Colonial Government, the Federal Republic, and the Unitary State all remain in force. The Fifth period is from 1998 onwards. The 1945 Amandment of Constitution. Types of Law To clarify the types of Laws permitted by the 1945 Constitution, the Peoples Consultative Assembly adopted the following list of forms of law based on a Memorandum by the House of Representatives. The First is the Pancasila The Second is the 1945 Constitution The Third is Decrees of the Assembly The Fourth is Statutes The Fifth is Government Regulations The Sixth is Presidents Decisions The Seventh is Other Implementing Regulations.

JUDICIARY
The 1945 Constitution provides only that the Judiciary power shall be exercised a Supreme Court and Other Courts. FOUR different Court Systems can be distinguished :

a) General Courts b) Military Courts c) Religious Courts d) Administrative Courts.

INTERNATIONAL HUMAN RIGHTS OBLIGATIONS

The Indonesian government has never shown great interest in ratifying International Human Rights instruments. Inspired by the Adoption of the Universal Declaration of Human Rights by the United Nations, the Federal Constitution of 1949 and the Provisional Unitary Constitution of 1950 contained a rather large number of specific Human Rights provisions, but this not the case in the 1945 Constitution which is now in force. On the principal International Conventions on Human Rights and Humanitarian law, Indonesia had ratified on Januari 1, 1985 only Nine. None of the others had been signed or ratified.