UUDVersi Inngris

BAI Unofficial Translation
Date: March 31, 2006
THE PEOPLE’S CONSULTATIVE ASSEMBLY

OF THE REPUBLIK OF INDONESIA
THE 1945 CONSTITUTION OF
THE STATE OF THE REPUBLIC OF INDONESIA
SECRETARIAT GENERAL OF
OF THE REPUBLIC OF INDONESIA
TABLE OF CONTENTS
1. THE 1945 CONSTITUTION OF

(Preamble)................................................................................................... 1
2. FIRST AMENDMENT TO
THE STATE OF THE REPUBLIC OF INDONESIA.............................. 25
3. SECOND AMENDMENT TO
THE STATE OF THE REPUBLIC OF INDONESIA.............................. 30
4, THIRD AMENDMENT TO
THE 1945 CONSTITUTION OF THE STATE OF
THE REPUBLIC OF INDONESIA.......................................................... 39
5. FOURTH AMENDMENT TO
THE REPUBLIC OF INDONESIA.......................................................... 49
THE PEOPLE'S CONSULTATIVE ASSEMBLY OF
THE REPUBLIC OF INDONESIA

(Preamble)
1
(Preamble)
Whereas, independence is the virtual right of every nation, and therefore,

colonialism must be eliminated from the face of the earth, because it is
contradictory to humanity and justice.
Indonesia’s independence struggle movement has now reached a joyful
moment, leading the people of Indonesia safe and sound to the gateway of
independence of the Indonesian State which is free, united, sovereign, just and
prosperous.
With the blessing of God The Almighty and driven by the noble desire to lead
a free national life, the people of Indonesia hereby declare their independence.
Furthermore, in order to form a Government of the State of Indonesia which
shall protect the entire Indonesian nation and the entire Indonesian native land,
and in order to advance general welfare, to develop the intellectual life of the
nation, and to partake in implementing world order based upon independence,
eternal peace and social justice, Indonesia’s National Independence shall
be enshrined in the Constitution of the State of the Republic of Indonesia,
established within the structure of the State of the Republic of Indonesia with
the sovereignty of the people based upon Belief in The One and Only God, just
and civilized Humanity, the Unity of Indonesia, and Democracy guided by the
inner wisdom of deliberations amongst representatives, and by creating social
Justice for all the people of Indonesia.
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THE CONSTITUTION
CHAPTER I
FORM AND SOVEREIGNTY
Article 1
(1) The State of Indonesia shall constitute a Unitary State, having the form of
Republic.
(2) Sovereignty shall be in the hands of the people, and it shall be fully
exercised by The People's Consultative Assembly.
CHAPTER II
Article 2
(1) The People's Consultative Assembly shall consist of members of Dewan
Perwakilan Rakyat and delegates from the regional territories and groups,
in accordance with the regulations prescribed by law.
(2) The People's Consultative Assembly shall convene at least once in every
five years in the state’s capital city.
(3) All decisions of The People's Consultative Assembly shall be determined
by majority of votes.
Article 3
The People's Consultative Assembly shall determine the Constitution and

the guidelines of state policy.
CHAPTER III
POWERS OF THE STATE GOVERNMENT
Article 4
(1) The President of the Republic of Indonesia shall hold the powers of
government in accordance with the Constitution.
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(2) In performing his/her duties, the President shall be assisted by a Vice-
President.
Article 5
(1) The President shall have the powers to establish laws with the approval of
The House of Representative.
(2) The President shall stipulate government regulations to implement laws as
appropriate.
Article 6
(1) The President shall be a native Indonesian.
(2) The President and Vice-President shall be elected by the The People's
Consultative Assembly by majority votes.
Article 7
The President’s and Vice President’s term of office shall be for five years
respectively, following which they shall be eligible for re-election.
Article 8
Should the President pass away, resign, or be unable to perform his/
her duties during his/her term of office, he/she shall be replaced by the Vice
President until the expiration of the remaining term of office.
Article 9
Prior to assuming their office, the President and the Vice President shall take
an oath according to their religion respectively, or shall make a solemn promise
before The People's Consultative Assembly or The House of Representative as
follows:
Oath of the President (Vice President):
“I swear by God that I shall fulfill my obligations as the President of the
Republic of Indonesia (Vice President of the Republic of Indonesia) as well
and as justly as possible, I shall firmly adhere to the Constitution and shall
implement all its laws and regulations as honestly as possible, and shall serve
devotedly the Country and Nation”.
Promise of the President (Vice President):
“I solemnly promise that I shall fulfill my obligations as the President of
the Republic of Indonesia (Vice President of the Republic of Indonesia) as well
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and as justly as possible, I shall firmly adhere to the Constitution and shall
implement all its laws and regulations as honestly as possible, and shall serve
devotedly the Country and Nation”.
Article 10
The President shall hold the highest authority over the Army, the Navy and
the Air Force.
Article 11
The President, with the approval of The House of Representatives, shall
declare war, make peace and conclude treaties with other states.
Article 12
The President shall declare state of emergency. The conditions and
consequences thereof shall be prescribed by law.
Article 13
(1) The President shall appoint ambassadors and consuls.
(2) The President shall receive ambassadors of other countries.
Article 14
The President shall grant pardon, amnesty, abolition and rehabilitation.
Article 15
The President shall grant titles, decorations and other marks of honor.
CHAPTER IV
THE SUPREME ADVISORY COUNCIL
Article 16
(1) The composition of the Supreme Advisory Council shall be prescribed by
law.
(2) This Council shall be required to respond to questions raised by the
President and shall have the right to submit proposals to the government.
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CHAPTER V
THE MINISTRIES OF STATE
Article 17
(1) The President shall be assisted by state ministers.

(2) The ministers shall be appointed and dismissed by the President.
(3) The Ministers shall be in charge of government departments.
CHAPTER VI
REGIONAL GOVERNMENT
Article 18
The division of Indonesia’s territory into large and small regional territories
along with the structure of their respective government, shall be determined
by law, with regard for and in observance of deliberation in the governmental
system of the state, and the traditional rights in the regional territories which
have a special character.
CHAPTER VII
DEWAN PERWAKILAN RAKYAT
(THE HOUSE OF REPRESENTATIVES)
Article 19
(1) The composition of The House of Representative shall be stipulated by law.
(2) The House of Representative shall convene at least once a year.
Article 20
(1) Every law shall require the approval of The House of Representative.
(2) Should a bill not obtained the approval of The House of Representative,
it may not be resubmitted during the same session of The House of
Representative.
Article 21
(1) Members of The House of Representative shall have the right to propose
bills.
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(2) Should those bills, even though approved by The House of Representative,
not be ratified by the President, they cannot be resubmitted during the same
session of The House of Representatives.
Article 22
(1) In the state of exigencies, the President shall have the right to stipulate
government regulation in lieu of law.
(2) The said government regulation must obtain the approval of The House of
Representative in its subsequent session.
(3) Should it not be approved, the government regulation must be revoked.
CHAPTER VIII
FINANCES
Article 23
(1) The revenues and expenditures budget shall be stipulated every year by
law. Should The House of Representative not approve the budget proposed
by the government, the government shall implement the budget of the
previous year.
(2) All taxes for the needs of the state shall be based on law.
(3) The kinds and values of currency shall be prescribed by law.
(4) Further matters regarding state finances shall be regulated by law.
(5) In order to audit the accountability regarding state finances, an audit board
shall be constituted, the regulation of which shall be prescribed by law. The
result of such audit shall be notified to The House of Representatives.
CHAPTER IX
JUDICIAL POWERS
Article 24
(1) Judicial powers shall be exercised by a Supreme Court and other judiciary
bodies in accordance with the law.
(2) The composition and powers of these judiciary bodies shall be regulated
by law.
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Article 25
The requirements for the appointment and dismissal of judges shall be
prescribed by law.
CHAPTER X
CITIZENS
Article 26
(1) Citizens shall be persons who are native born Indonesians and persons of
other nationality who are legalized by law as citizens.
(2) The conditions for citizenship shall be prescribed by law.
Article 27
(1) Without exception, all citizens shall have an equal position before
the law and government and shall be obligated to uphold such law and
government.
(2) Every citizen shall have the right to work and to a living befitting human
beings.
Article 28
The freedom of association and assembly, the freedom of expression of
thought, both orally and in written form and the like shall be determined by
law.
CHAPTER XI
RELIGION
Article 29
(1) The state shall be based upon Belief in The One and Only God.
(2) The state shall guarantee freedom to every resident to adhere his/her
religion and to worship in accordance with such religion and belief.
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CHAPTER XII
STATE DEFENSE
Article 30
(1) Every citizen shall have the right and the duty to participate in the defense
of the state.
(2) The conditions regarding defense shall be regulated by law.
CHAPTER XIII
EDUCATION
Article 31
(1) Every citizen shall have the right to obtain education.
(2) The Government shall establish and organize a national education system,
which shall be regulated by law.
Article 32
The government shall advance the national culture of Indonesia.
CHAPTER XIV
SOCIAL WELFARE
Article 33
(1) The economy shall be organized as a common endeavor based upon the
principle of family system.
(2) Production branches which are important for the state and which affect the
livelihood of the public shall be controlled by the state.
(3) Land and water and the natural resources contained therein shall be
controlled by the state and shall be used for the greatest prosperity of the
people.
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Article 34
The poor and neglected children shall be taken care of by the state.
CHAPTER XV
FLAG AND LANGUAGE
Article 35
The Flag of the Indonesian State shall be Sang Merah Putih.
Article 36
The language of the State shall be Bahasa Indonesia.
CHAPTER XVI
AMENDMENTS TO THE CONSTITUTION
Article 37
(1) To amend the Constitution, at least 2/3 of the total number of members of
The People's Consultative Assembly must be in attendance.
(2) Decisions shall be made based on the approval of at least 2/3 of the total
number of attending members.
TRANSITIONAL PROVISIONS
Article I
The Preparatory Committee for Indonesia’s Independence shall regulate
and organize the transfer of government to the Government of Indonesia.
Article II
All existing state institutions and regulations shall remain valid, as long as
no new ones are established in conformity with this Constitution.
Article III
For the first time, the President and Vice President shall be elected by the
Preparatory Committee for Indonesia’s Independence.
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Article IV
Prior to the formation of The People's Consultative Assembly, The House of
Representative and the Supreme Advisory Council by virtue of this Constitution,
all of their respective powers shall be exercised by the President with the assistance
of a national committee.
ADDITIONAL PROVISIONS
(1) Within six months following the end of the Great East Asian War, the
President of Indonesia shall regulate and administer all matters stipulated
in this Constitution.
(2) Within six months after The People's consultative Assembly is constituted,
the Assembly shall convene a session to determine the Constitution.
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ELUCIDATION
ON
THE CONSTITUTION OF THE STATE OF INDONESIA
GENERAL
I. The Constitution, a part of fundamental law.
The Constitution of a state is only a part of its fundamental law. The

Constitution is a written fundamental law, whereas in addition to such
Constitution, there is also unwritten fundamental law applicable, namely
the basic rules emerging and preserved in state administration practices,
even though they are not put into writing.
Indeed, to study the fundamental law (droit constitutionnel) of a state calls
for more than to study the articles of its Constitution (loi constitutionnelle),
but one must also study how it is applied in practice and what the spiritual
background (geistlichen Hintergrund) of the Constitution is.
The Constitution of any state cannot be understood by merely reading its
text. In order to genuinely understand the intent of the Constitution of a
state, one must also study that the circumstances under which such text
came into existence, must understand the explanations on it as well the
conditions under which the text was written.
Thus, one will be able to understand the intent of the law under study, the
school of thought underlying such law.
II. Principal ideas in the “preamble”
What are the principal ideas contained in the “preamble” to the

Constitution.
1. “The state” - so the text reads - “shall protect the entire Indonesian
nation and the entire Indonesian native land based upon unity by
materializing social justice for all the people of Indonesia.”
In this preamble, the unitary state school of thought is adopted, the
state which protects and includes the entire nation. Thus the state
stands above all types of group ideology, stands beyond all types
of individual ideology. The state, according to the concept of this
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“preamble”, calls for unity, including the entire Indonesian nation
as a whole. This is a basic principle of the state which must not be
forgotten.
2. The state shall materialize social justice for all the people.
3. The third principal idea contained in the “preamble” is the state with
the sovereignty of the People, based upon democracy and deliberation
amongst representatives. Therefore, the state system established under
the Constitution must be based upon the sovereignty of the People and
based upon deliberation amongst representatives. Indeed, this school
of thought is in accordance with the characteristics of the Indonesian
society.
4. The fourth principal idea contained in the “preamble” is that the state
is based upon Belief In The One and Only God in conformity with the
principles of just and civilized humanity. Therefore, the Constitution
must contain provisions requiring the government and other state
administrators to maintain the morals of noble humanity and to firmly
uphold the noble moral ideals of the people.
III. The Constitution creates principal ideas contained in the “Preamble” in its
articles.
The above principal ideas reflect the soul of the Constitution of the State
of Indonesia. These principal ideas are the embodiment of the legal ideals
(Reichtsidee) governing the fundamental law of the state, both the written
law (the Constitution) as well as the unwritten law.
The Constitution creates these principal ideas in its articles.
IV. The Constitution is brief and elastic in nature.
The Constitution consists of only 37 articles. Other articles contain only

transitional and additional provisions. Thus, this draft is very brief if
compared to, for instance, the Constitution of the Philippines.
It is sufficient, therefore, for the Constitution to set forth only principal
rules, broad outlines serving as directives to the central government and to
other state administrators for organizing state affairs and social welfare. It
is more appropriate, especially for a new and young state, for its written
fundamental law to set forth only the principal rules, whereas the provisions
implementing those principal rules are left to the laws which are drawn up,
amended and revoked more easily.
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Thus is the system of the Constitution.
We must always bear in mind the dynamics of the life of Indonesian society
and state. The Indonesian society and state are growing, times are changing,
especially during this present era of physical and spiritual revolution.
Therefore, we must live dynamically, we must observe all movements in
the life of the Indonesian society and state. Therefore, let us not hastily
crystallize, give form (Gestaltung) to ideas which can still change easily.
Indeed, these written rules are binding in nature. For that reason, the
more “elastic” those rules are, the better. Therefore, we must safeguard
the constitutional system against becoming out-dated. We should not
establish laws that easily become obsolete (verouderd). An extremely
important matter in government administration and in the life of the state
is the spirit, the spirit of state administrators, the spirit of the leaders of
the government. Even though a Constitution is formulated claiming itself
to be characterized by the family principle, while the spirit of the state
administrators, of the leaders in the government, is individualistic in nature,
such Constitution is certain to become meaningless in practice. Reversely,
even though the Constitution may not be perfect, with the right spirit of
the state administrators, it is certain not to hamper the running of the state.
Thus, spirit is the most important thing. Therefore, it must be a living
and dynamic spirit. On the basis of these considerations, only the basic
principal should be embodied in the Constitution, while the instruments of
implementation should be left to the laws.
THE SYSTEM OF STATE GOVERNMENT
The system of state government emphasized in the Constitution shall be as

follows:
I. Indonesia shall be a state based on law (rechtsstaat).
1. The State of Indonesia shall be based upon law (rechtsstaat), it shall

not merely be based upon power (Machtsstaat).
II. Constitutional System.
2. The government shall be based on a constitutional system (fundamental

law), shall not be absolute in nature (unlimited power).
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III. The highest State powers shall be vested in The People's Consultative
Assembly (Die gezamte Staatgewalt liegi allein bei der Majelis).
3. The sovereignty of the People shall be held by a body called The

People's Consultative Assembly, as the manifestation of all the people
of Indonesia (Vertretungsorgan des Willens des Staatsvolkes). This
Assembly shall determine the Constitution and the guidelines of state
policy. This Assembly shall appoint the Head of State (President) and
the Vice Head of State (Vice President). This Assembly shall hold the
highest state authority, whilst the President must implement state policy
in compliance with the broad outlines determined by the Assembly.
The President appointed by the Assembly shall be subordinate and
accountable to the Assembly. The President shall be the “mandatory”
of the Assembly. The President shall be obligated to implement the
decisions of the Assembly. The President shall not be “neben” but
shall be “untergeordnet” to the Assembly.
IV. The President shall be the highest state government administrator under
the Assembly.
Under The People's Consultative Assembly, the President shall be the

highest state government administrator.
In running the administration of the state, the powers and responsibility shall
be in the hands of the President (concentration of power and responsibility
upon the President).
V. The President shall not be accountable to The House of Representative.
In addition to the President, there shall be The House of Representative.

The President must obtain approval of The House of Representative for
making laws (Gesetzgebung) and for stipulating the state revenues and
expenditures budget (Staatsbegrooting).
Therefore, the President must work together with The House of
Representative, but the President shall not be accountable to The House
of Representative, which means that the President’s position shall not be
dependent upon The House of Representative.
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VI. State Ministers shall be the President’s assistants: State Ministers shall not
be accountable to The House of Representative.
The President shall appoint and dismiss state ministers. The said Ministers
shall not be accountable to The House of Representative. Their respective
positions shall not be dependent upon The House of Representative, but
shall be dependent upon the President. They shall be the President’s
assistants.
VII. The Powers of the Head of State are not unlimited.

Even though the Head of State shall not be accountable to The House
of Representative, he/she shall not be a “dictator”, in other words, the
President’s authority shall not be unlimited.
As it has been confirmed above, he/she shall be accountable to The People's
Consultative Assembly. In addition to that, the President must genuinely
take into consideration the voice of The House of Representative.
The Position of The House of Representative shall be strong.
The position of The House of Representative shall be strong. The House
of Representative cannot be dissolved by the President (unlike the
parliamentary system). In addition to that, all members of The House
of Representative shall concurrently act as members of The People's
Consultative Assembly. Therefore, The House of Representative can oversee
the actions of the President at all times and if the House deems that the
President has in fact transgressed against the state policy determined by the
Constitution or by The People's Consultative Assembly, the Assembly can
call for a special session in order to request the President’s accountability.
State Ministers shall not be ordinary high-ranking officials.
Although the position of state ministers shall be dependent on the President,
they shall not be ordinary high-ranking officials, because in practice it is
mainly these Ministers who shall exercise the powers of the government
(pouvoir executif).
As leaders of departments, ministers shall have a thorough knowledge of
all matters related to their line of work. Therefore, ministers shall have a
great influence on the President in determining state policy related to their
respective departments. In fact, the intent is that these ministers be state
leaders.
In determining government politics and coordination in State Government,
the ministers shall work together as closely as possible, under the leadership
of the President.
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CHAPTER I
THE FORM AND SOVEREIGNTY OF THE STATE
Article 1
Stipulating the form of a Unitary State and Republic, containing the
principal idea of sovereignty of the people.
The People's Consultative Assembly shall be the highest organ of the state.
This Assembly shall be considered as the manifestation of the people holding
the sovereignty of the state.
CHAPTER II
THE PEOPLE'S CONSULTATIVE ASSEMBLY
Article 2
The intention is that all the people, all groups, all regions shall have
representatives in the Assembly, hence the Assembly can truly be considered as
the manifestation of the people.
Referred to as “groups” shall be entities such as cooperatives, worker
association, and other collective entities. Such rule is indeed in accordance with
the trend of current times. In connection with the recommendation to establish
the cooperative system in the economy, this paragraph takes into consideration
the existence of groups in economic organizations.
Paragraph 2
This organ, which will have a large number of members, shall convene at
least once in five years. Once at least, so if necessary, it may certainly convene
more than once in five years by holding special sessions.
Article 3
Since that The People's Consultative Assembly holds the sovereignty of the
state, its powers shall be unlimited, in view of the dynamics of society, once
in every five years the Assembly shall observe all events and all trends taking
place during that period of time and shall determine policies to be applied in the
future.
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CHAPTER III
POWERS OF STATE GOVERNMENT
Article 4 and Article 5 paragraph 2

The President shall be the head of state executive power. For the
implementation of laws, the President shall have the power to stipulate
government regulations (pouvoir reglementair).
Article 5 paragraph 1
In addition to executive power, the President together with The House of
Representative shall exercise legislative power in the state.
Articles: 6, 7, 8, 9
Self-explanatory.
Articles: 10, 11, 12, 13, 14, 15

The powers vested in the President as provided by these articles shall be
the consequence of the President’s position as the Head of State.
CHAPTER IV
Article 16
This Council shall be a Council of State which shall be obligated to provide
considerations to the government. It shall be a merely advisory body.
CHAPTER V
STATE MINISTRIES
Article 17
Please refer to the above.
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CHAPTER VI
REGIONAL GOVERNMENT
Article 18
I. Regarding that the State of Indonesia is a unitary state (eenheidsstaat)
Indonesia shall not have within its jurisdiction regions with the character
equal to state (staat)
The regions of Indonesia shall be divided into provinces, and the regions of
these provinces shall similarly be divided into smaller regions.
In the autonomous regions (streek and locale rechtsgemeenschappen),
or merely administrative regions, shall all be in accordance with the rules
stipulated in law.
In autonomous regions, local representative bodies shall be set up,
because regional government shall also be founded upon the principle of
deliberation.
II. Within the territory of the State of Indonesia there are about 250
zelfbesturende landschappen and volksgemeenschappen, such as the desa
in Java and Bali, the negeri in Minangkabau, the dusun and marga in
Palembang, and so on and so forth. Those regions have their own traditional
structures, and thus can be considered as regions with a special character.
The State of the Republic of Indonesia respects the position of the said
special regions, and all state regulations concerning such regions shall take into
account their rights of origin.
CHAPTER VII
THE HOUSE OF REPRESENTATIVE
Articles: 19, 20, 21, and 23

Please refer to the above.
This House must give its approval to every bill from the government. The
House shall also have the right to initiate laws.
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III. This House shall also have the right of begrooting article 23.
Thus, The House of Representatives shall control the government.

It must also be remembered that all members of this House shall be
concurrently members of The People's Consultative Assembly.
Article 22
This article concerns the right to stipulate emergency regulations
(noodverordeningsrecht) of the President. Such a provision is indeed necessary,
so that the safety of the state can be guaranted by the government in critical
conditions which compel the government to take action immediately and
appropriately. The government however, shall not be released from the
oversight of the House. Therefore, the government regulation referred to in this
article, which has the same force as law, must also be ratified by The House of
Representative.
CHAPTER VIII
FINANCIAL MATTERS
Article 23 paragraphs: 1, 2, 3, 4
Paragraph I contains the begrooting right of The House of Representative.
The method of stipulating the revenues and expenditures budget is a criterion
of the character of the State Government. In countries based upon fascism, the
budget is stipulated solely by the government. However, in democratic states
or in states based upon the sovereignty of the people, such as The Republic of
Indonesia, the revenues and expenditures budget shall be stipulated by law.
This means, with the approval of The House of Representative.
The way the people shall live as a nation, and the sources for sustaining their
life must be determined by the people themselves, through their representative
bodies.
The people shall determine their own fate, and thus also their way of life.
Article 23 states that in stipulating revenues and expenditures, the position
of The House of Representative shall be stronger than the government’s position.
It reflects the sovereignty of the people.
Regarding that the stipulation of expenditures concerns the right of the
people to determine their own fate, all measures posing burdens upon the
20
people, such as taxes and others, must be stipulated by law, namely with the
approval of The House of Representative.
Similarly, the kinds and values of currency shall be stipulated by law. This
is an important matter because the position of money has a great influence upon
society. Money is basically an instrument of exchange and of measurement of
prices. As an instrument of exchange its purpose is to facilitate exchange -
buying and selling - in the society. In relation to that, it is necessary to have a
kind and form of currency needed by the people as a measurement of prices to
serve as a basis for determining the price of exchanged goods. Goods used as
the measure of price must have a fixed value, which must not be allowed to rise
and fall due to the irregular conditions of the currency. Therefore, the condition
of the currency must be stipulated by law.
In relation to the above, the position of Bank Indonesia, which shall issue
and regulate the circulation of bank notes, shall be stipulated by law.
Paragraph 5
The manner in which the Government spends the expenditures budget
approved by The House of Representative, must be in accordance with the
decision concerned. For auditing the government’s accountability in this
respect, a body independent from the government’s influence and authority
shall be needed. A body subordinated to the government is unable to perform
such a heavy duty. On the other hand, such a body shall not be a body that
stands above the government either.
Therefore, the powers and duties of such body shall be stipulated by law.
CHAPTER IX
JUDICIAL POWERS
Articles 24 and 25
Judicial powers shall be independent powers, meaning that they shall
be free from the influence of the government’s powers. In this connection,
guarantees must be established by law concerning the position of judges.
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CHAPTER X
CITIZENS
Article 26
Paragraph 1
People of other nations, for instance, people of Dutch descent, of Chinese
descent and of Arab descent, domiciled in Indonesia, who recognize Indonesia
as their country and who are loyal to the State of the Republic of Indonesia can
become citizens.
Paragraph 2
Self-explanatory.
Articles 27, 30, 31, paragraph 1

These articles concern the rights of citizens.
Articles 28, 29 paragraph 1, 34

These articles concern the position of residents.
These articles, both those which only concern citizens, as well as those
which concern all residents, motivate the eagerness of the Indonesian nation
to build a democratic state and which will implement social justice and the
principle of humanity.
CHAPTER XI
RELIGION
This paragraph states the belief of the Indonesian nation in The One And
Only God.
CHAPTER XII
STATE DEFENSE
Article 30
Self-explanatory.
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CHAPTER XIII
EDUCATION
Self-explanatory.
Article 32
National culture is the culture which emerges as a result of the endeavors
expressing the personality and vitality of the entire Indonesian people.
The existing ancient and indigenous cultures as the culmination of culture
in all the regions throughout Indonesia are part of the national culture. Cultural
endeavors should lead to advancement of civilization, culture, and unity, without
rejecting new materials from foreign cultures which can develop or enrich the
nation’s own culture, and can raise the degree of humanity of the Indonesian
nation.
CHAPTER XIV
SOCIAL WELFARE
Article 33
Article 33 states the basis of economic democracy, production by all for
all, under the leadership or supervision of members of society. The prosperity
of the society, rather than the prosperity of individuals, is given priority.
Therefore, the economy shall be organized as a common endeavor, based on
the family principle. Cooperatives are a form of enterprise which are suitable
for that purpose.
The economy shall be based on economic democracy, prosperity for all.
Therefore, branches of production which are important for the state and which
affect the life of the public must be controlled by the state. Otherwise, the
supreme authority of production will fall into the hands of individuals in power
and the people at large will be oppressed by them.
Only enterprises which do not affect the livelihood of the public can be
held by individuals.
The land and waters and the natural riches contained therein are the
fundamentals of the people’s prosperity. Therefore, they must be controlled by
the state and used for the greatest prosperity of the people.
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Article 34
Self-explanatory, please refer to the above.
CHAPTER XV
FLAG AND LANGUAGE
Article 35
Self-explanatory.
Article 36
Self-explanatory.
In regions which have their own language, which is properly maintained
by the people concerned (for instance Javanese, Sundanese, Madurese, and so
forth), such languages shall also be respected and maintained by the state.
These above mentioned languages are also a part of the living culture of
Indonesia.
CHAPTER XVI
Article 37
Self-explanatory.
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FIRST AMENDMENT TO
25
FIRST AMENDMENT TO
BY THE GRACE OF GOD THE ALMIGHTY

THE PEOPLE'S CONSULTATIVE ASSEMBLY OF THE REPUBLIC
OF INDONESIA
After having thoroughly and conscientiously studied, analyzed and

considered the fundamental issues being faced by the people, the nation and the
state, and exercising its authority by virtue of Article 37 of the 1945 Constitution
of the State of the Republic of Indonesia, The People's Consultative Assembly
of The Republic Indonesia has amended Article 5 Paragraph (1), Article 7,
Article 9, Article 13 Paragraph (2), Article 14, Article 15, Article 17 Paragraphs
(2) and (3), Article 20 and Article 21 of the 1945 Constitution of the State of the
Republic of Indonesia, to read as follows in its entirety:
Article 5
(1) The President shall have the right to propose bills to The House of
Representative.
Article 7
The President and the Vice President shall hold office for a term of five
years and shall thereafter be eligible for re-election for the same office.
Article 9
(1) Prior to assuming his/her office, the President and the Vice President shall
take an oath according to their religion, or shall make a solemn promise
before The People's Consultative Assembly or The House of Representative,
as follows:
26
The oath of the President (Vice President):
“I swear by God that I shall fulfill my duties as the President of the
Republic of Indonesia (Vice President of the Republic of Indonesia) as
well and as justly as possible, shall firmly adhere to the Constitution and
shall implement all its laws and regulations as honestly as possible, and
shall serve devotedly the Country and Nation”.
The promise of the President (Vice President):
“I solemnly promise that I shall fulfill my duties as the President of
the Republic of Indonesia (Vice President of the Republic of Indonesia) as
shall serve devotedly the Country and Nation”.
(2) Should The People's Consultative Assembly or The House of Representative

fails to hold a session, the President and the Vice President shall take an
oath according to their religion, or shall make a solemn promise before
the leadership of The People's Consultative Assembly witnessed by the
leadership of the Supreme Court.
Article 13
(2) In appointing ambassadors, the President shall take into account the
considerations of The House of Representative.
(3) The President shall receive ambassadors from sending states by taking into
account the considerations of The House of Representative.
Article 14
(1) The President shall grant pardon and rehabilitation by taking into account
the considerations of the Supreme Court.
(2) The President shall grant amnesty and abolition by taking into account the
considerations of The House of Representative.
Article 15
The President shall award titles, decorations and other marks of honor as
stipulated by law.
Article 17
(2) Ministers shall be appointed and dismissed by the President.
27
(3) Each minister shall be in charge of certain affairs in the government
administration.
Article 20
(1) The House of Representative shall have power to make law.
(2) Every bill shall be discussed by The House of Representative and the
President to obtain a joint approval.
(3) Should a bill not obtain a joint approval, it may not be re-submitted during
the same session of The House of Representative
(4) The President shall ratify bills which have obtained a joint approval to
become a law.
Article 21
Members of The House of Representative shall have the right to propose
bills.
The text of this amendment shall be an inseparable part of the text of the
1945 Constitution of the State of the Republic of Indonesia.
The above mentioned amendment was decided upon in the 12th Plenary
Session of The People's Consultative Assembly of The Republic of Indonesia
on October 19, 1999 during the General Session of The People's Consultative
Assembly of The Republic of Indonesia, and shall come into force on the date
of its determination.

Determined in Jakarta
on October 19, 1999
28

THE PEOPLE'S CONSULTATIVE ASSEMBLY OF THE

REPUBLIC OF INDONESIA
Chairman,
Prof. Dr. H.M. Amien Rais
Vice Chairman, Vice Chairman,
Prof. Dr. Ir. Ginandjar Kartasasmita Drs. Kwik Kian Gie
H. Matori Abdul Djalil Drs. H.M. Husnie Thamrin
Dr. Hari Sabarno, S.IP, MBA, MM Prof. Dr. Jusuf Amir Feisal S.Pd.
Vice Chairman,
Drs. H.A. Nazri Adlani
29
SECOND AMENDMENT TO
30
THE PEOPLE'S CONSULTATIVE ASSEMBLY OF THE
REPUBLIC OF INDONESIA
SECOND AMENDMENT TO


considered the fundamental issues being faced by the people, the nation and
the state, and by exercising its authority by virtue of Article 37 of the 1945
Constitution of the State of the Republic of Indonesia, The People's Consultative
Assembly of The Republic of Indonesia have amended and/or supplemented
Article 18, Article 18A, Article 18B, Article 19, Article 20 Paragraph (5),
Article 20A, Article 22A, Article 22B, Chapter IXA, Article 25E, Chapter X,
Article 26 Paragraph (2) and Paragraph (3), Article 27 Paragraph (3), Chapter
XA, Article 28A, Article 28B, Article 28C, Article 28D, Article 28E, Article
28F, Article 28G, Article 28H, Article 28I, Article 28J, Chapter XII, Article 30,
Chapter XV, Article 36A, Article 36B and Article 36C of the 1945 Constitution
of the State of the Republic of Indonesia, to read as follows in its entirety:
Article 18
(1) The Unitary State of the Republic of Indonesia shall be divided into
provincial regions and these provincial regions shall be divided into
regencies (kabupaten) and municipalities (kota), whereby each province,
regency and municipality shall have a regional government regulated by
law.
(2) The provincial, regency, and municipal governments shall regulate and
administer their own governmental affairs in accordance with the principle
of autonomy and duty of assistance.
31
(3) The provincial, regency, and municipal governments shall have their
respective The Regional House of Representative the members of which
shall be elected through general elections.
(4) Governors, Regents and Mayors as the respective heads of provincial,
regency, and municipal governments shall be elected democratically.
(5) The regional governments shall exercise autonomy to the broadest possible
extent, with the exception of governmental affairs determined by law as
affairs of the Central Government.
(6) The regional governments shall have the right to stipulate regional
regulations and other regulations to implement autonomy and duty of
assistance.
(7) The structure of and procedures for the administration of regional
government shall be regulated in law.
Article 18A
(1) Relations of authority between the central government and the provincial,
regency, and municipal governments or between provinces and regencies
and municipalities shall be regulated by law with due observance of the
special characteristics and diversity of the regions.
(2) Relations of finance, public services, utilization of natural resources
and other resources between the central government and the regional
government shall be stipulated and implemented in a just and harmonious
manner based on law.
Article 18B
(1) The state shall recognize and respect regional government units of special
or particular nature to be stipulated by law.
(2) The state shall recognize and respect customary law (hukum adat)
community units along with their traditional rights insofar as they are still
existent and are in conformity with the development of society and the
principle of the Unitary State of the Republic of Indonesia, to be regulated
in law.
Article 19
(1) Members of The House of Representative shall be elected through general

elections.
32
(2) The composition of The House of Representative shall be regulated by
law.
(3) The House of Representative shall convene at least once a year.
Article 20
5) Should a bill which has obtained a joint approval is not ratified by the
President within thirty days as from the time such bill is approved, the bill
shall legally become a law and it must be enacted.
Article 20A
(1) The House of Representative shall have legislative, budgetary and oversight
functions.
(2) In implementing its functions, in addition to the rights stipulated in other
articles of this Constitution, The House of Representative shall have the
right of interpellation, the right of inquiry and the right of to express
opinion.
(3) In addition to the rights stipulated in other articles of this Constitution,
every member of The House of Representative shall have the right to raise
a question, to submit a proposal and opinion, and the right of immunity.
(4) Further provisions on the rights of The House of Representative and the
rights of members of The House of Representative shall be regulated in
law.
Article 22A
Further provisions on the procedures for establishing laws shall be regulated
by law.
Article 22B
Members of The House of Representative can be removed from office,
conditions and procedures of which shall be regulated in law.
CHAPTER IX
STATE TERRITORY
Article 25E
The Unitary State of the Republic of Indonesia is an archipelagic state

characterized by the Indonesian Archipelago (Nusantara), with its territorial
boundaries and rights stipulated by law.
33
CHAPTER X
CITIZENS AND RESIDENTS
Article 26
(2) Residents shall be Indonesian citizens and foreign nationals residing in
Indonesia.
(3) Matters concerning citizens and residents shall be regulated by law.
Article 27
(3) Every citizen shall have the right and duty to participate in the efforts of
state defense.
CHAPTER XA
HUMAN RIGHTS
Article 28A
Every person shall have the right to live and to defend his/her life and
living.
Article 28B
(1) Every person shall be entitled to found a family and to procreate through
legitimate marriage.
(2) Every child shall have the right to survive, grow and develop and shall
have the right to be protected from violence and discrimination.
Article 28C
(1) Every person shall have the right to develop him/herself through the
fulfillment of their basic needs, shall have the right to obtain education
and to enjoy the benefits of science and technology, arts and culture,
for the enhancement of the quality of their life and for the welfare of
humankinds.
(2) Every person shall have the right to improve him/herself in striving for
his/her rights collectively for building his/her society, nation, and state.
Article 28D
(1) Every person shall have the right to the recognition, the guarantee, the
protection and the legal certainty of just laws as well as equal treatment
before the law.
34
(2) Every person shall have the right to work and to receive fair and proper
remuneration and treatment in work relationships.
(3) Every citizen shall have the right to obtain equal opportunities in
government.
(4) Every person shall have the right to the status of citizenship.
Article 28E
(1) Every person shall be free to adhere to a religion and to worship in

accordance with his/her religion, to choose education and teaching, to
choose occupation, to choose citizenship, to choose residence in the state
territory and to leave it, and shall have the right to return.
(2) Every person shall have the right to the freedom to hold a belief, to express
his/her thought and attitude in accordance with his/her conscience.
(3) Every person shall have the right to the freedom of association, and
expression of opinion.
Article 28F
Every person shall have the right to communicate and to obtain information
to develop him/herself and his/her social environment, and shall have the right
to seek, obtain, possess, store, process and convey information by using all
available kinds of channels.
Article 28G
(1) Every person shall have the right to protect him/herself, his/her family,
honor, dignity and property under his/her control, and shall have the right
to feel secure and be protected from the threat of fear to do, or not to do
something which constitutes human right.
(2) Every person shall have the right to be free from torture or treatments
degrading human dignity and shall have the right to obtain political asylum
from another country.
Article 28H
(1) Every person shall have the right to live a physically and mentally
prosperous life, to have residence, and to obtain a proper and healthy living
environment as well as to obtain health services.
(2) Every person shall have the right to obtain facilities and special treatment
in obtaining equal opportunities and benefits for achieving equality and
justice.
35
(3) Every person shall have the right to social security allowing him/her to
develop completely as a dignified human being.
(4) Every person shall have the right to possess personal property rights and
such property rights shall not be taken over arbitrarily by anybody.
Article 28I
(1) The right to life, the right not to be tortured, the right of freedom of thought
and conscience, the right to have a religion, the right not to be enslaved,
the right to be recognized as a person before the law, and the right not to
be prosecuted under retroactive law shall constitute human rights which
cannot be reduced under any circumstances whatsoever.
(2) Every person shall have the right to be free from discriminatory treatment
on any basis whatsoever and shall have the right to obtain protection against
any such discriminatory treatment.
(3) The culture identities and the rights of traditional communities shall be
respected in conformity with the development of time and civilization.
(4) The protection, promotion, enforcement and fulfillment of human rights
shall be the responsibility of the state, particularly the government.
(5) To enforce and protect human rights in accordance with the principle of
a democratic constitutional state, the exercise of human rights shall be
guaranteed, regulated and set forth in laws and regulations.
Article 28J
(1) Every person shall be obligated to respect the human rights of another
person in the orderly life of community, nation and state.
(2) In exercising his/her right and freedom, every person must submit to
the restrictions stipulated in laws and regulations with the sole purpose
to guarantee the recognition of and the respect for other persons’ rights
and freedom and fulfill fair demand in accordance with the considerations
of morality, religious values, security, and public order in a democratic
society.
CHAPTER XII
STATE DEFENSE AND SECURITY
Article 30
(1) Every citizen shall have the right and the duty to participate in the efforts
for state defense and security.
36
(2) The efforts for state defense and security shall be implemented through
a comprehensive people’s defense and security system by the Indonesian
National Army (TNI) and the State Police of the Republic of Indonesia as
the main forces, and the people as supporting forces.
(3) The Indonesian National Army shall comprise of the Army, the Navy and
Air Force as the state apparatus having the duty to defend, protect and
maintain state integrity and sovereignty.
(4) The State Police of the Republic of Indonesia as a state apparatus which
maintains public security and order shall have the duty to protect, guard,
serve the community, and to enforce the law.
(5) The composition and position of the Indonesian National Army, of the
State Police of the Republic of Indonesia, the relationship of authorities
between the Indonesian National Army and the State Police of the Republic
of Indonesia in performing their respective tasks, the requirements for the
participation of citizens in the efforts for the state defense and security, as
well as matters related to defense and security shall be regulated by law.
CHAPTER XV
NATIONAL FLAG, LANGUAGE, SYMBOL AND ANTHEM
Article 36A
The National Symbol shall be Garuda Pancasila with the motto of Bhinneka
Tunggal Ika (Unity in Diversity).
Article 36B
The National Anthem shall be Indonesia Raya.
Article 36C
Further provisions concerning the National Flag, Language, Symbol and
the National Anthem shall be regulated by law.
37
on August 18, 2000

Chairman,
Prof. Dr. Ir. Ginandjar Kartasasmita Ir. Sutjipto
H. Matori Abdul Djalil Drs. H.M. Husnie Thamrin
Dr. Hari Sabarno, S.IP, MBA, MM Prof. Dr. Jusuf Amir Feisal, S.Pd.
Vice Chairman,
Drs. H.A. Nazri Adlani
38
THIRD AMENDMENT TO
39
THIRD AMENDMENT TO THE 1945 CONSTITUTION OF


THE PEOPLE'S CONSULTATIVE ASSEMBLY OF THE REPUBLIC
OF INDONESIA

the country, and by exercising its authority by virtue of Article 37 of the 1945
Constitution of the State of the Republic of Indonesia, The People's Consultative
Assembly of The Republic of Indonesia shall amend and/or supplement Article 1
Paragraphs (2) and (3); Article 3 Paragraphs (1), (3) and (4); Article 6 Paragraphs
(1) and (2); Article 6A Paragraphs (1), (2), (3) and (5); Article 7A; Article 7B
Paragraphs (1), (2), (3), (4), (5), (6) and (7); Article 7C; Article 8 Paragraphs
(1) and (2); Article 11 Paragraphs (2) and (3); Article 17 Paragraph (4); Chapter
VIIA, Article 22C Paragraphs (1), (2), (3) and (4); Article 22D Paragraphs
(1), (2), (3) and (4); Chapter VIIB, Article 22E Paragraphs (1), (2), (3), (4),
(5), and (6), Article 23 Paragraphs (1), (2) and (3); Article 23A; Article 23C;
Chapter VIIIA, Article 23E Paragraphs (1), (2) and (3); Article 23F Paragraphs
(1) and (2); Article 23G Paragraphs (1) and (2); Article 24 Paragraphs (1) and
(2); Article 24A Paragraphs (1), (2), (3), (4) and (5); Article 24B Paragraphs
(1), (2), (3), and (4); Article 24C Paragraphs (1), (2), (3), (4), (5), and (6) of the
1945 Constitution of the State of the Republic of Indonesia, to read as follows
in its entirety:
Article 1
(2) Sovereignty shall be in the hand of the people and shall be exercised in
accordance with the Constitution.
(3) The state of Indonesia shall be a state based on law.
40
Article 3
(1) The People's Consultative Assembly shall have the authority to amend and
determine the Constitution.
(3) The People's Consultative Assembly shall inaugurate the President and/or
the Vice President.
(4) The People's Consultative Assembly can only dismiss the President and/or
the Vice President during his/her respective term of office in accordance
with the Constitution.
Article 6
(1) Any candidates for President and Vice President must be Indonesian citizens
since birth and have never accepted the citizenship of another country at
his/her own will, have never committed treason, and must be mentally and
physically capable of performing the tasks and duties as President and Vice
President respectively.
(2) Requirements to become the President and the Vice President shall be
further regulated by law.
Article 6A
(1) The President and Vice President shall be elected as a pair directly by the
people.
(2) The pair of candidates for President and Vice President shall be proposed
by a political party or a combination of political parties participating in the
general elections prior to implement the general elections.
(3) The pair of candidates for President and Vice President obtaining over fifty
percent of the total number of votes in general elections and not less than
twenty percent of votes in each of the provinces constituting more than half
of the total number of provinces in Indonesia, shall be inaugurated as the
President and the Vice President respectively.
(5) The procedures for electing the President and the Vice President shall be
further regulated by law.
Article 7A
The President and/or the Vice President can be dismissed from his/her
position during his/her term of office by The People's Consultative Assembly
upon the proposal of of The House of Representative, either if it is proven that
he/she has violated the law in the form of treason, corruption, bribery, other
serious criminal acts, or disgraceful conduct, or if it is proven that he/she no
longer meets the requirements as President and/or as Vice President.
41
Article 7B
(1) The proposal to dismiss the President and/or Vice President can only be
submitted by The House of Representative to The People's Consultative
Assembly by first of all filing a request to the Constitutional Court to
examine, hear and issue a decision in respect of the opinion of The House
of Representative that the President and/or Vice President has violated the
law in the form of treason, corruption, bribery, other serious criminal acts,
or disgraceful conduct; and/or the opinion that the President and/or Vice
President no longer meets the requirements as the President and/or Vice
President.
(2) The opinion of The House of Representative that the President and/or
Vice President has violated the law or no longer meets the requirements
as the President and/or Vice President shall be given in the context of
implementing the oversight function of The House of Representative.
(3) The request of The House of Representative to the Constitutional Court can
only be filed with the support of not less than 2/3 of the total members of The
House of Representative who are present in the plenary session attended by
not less than 2/3 of the total members of The House of Representative .
(4) The Constitutional Court to be required to examine, hear and issue a decision
as justly as possible concerning the aforementioned opinion of The House
of Representative by no later than ninety days after the Constitutional Court
receives the request of The House of Representative.
(5) If the Constitutional Court decides that the President and/or Vice President
is proved to have violated the law in the form of treason, corruption, bribery,
other serious criminal acts, or disgraceful conduct; and/or is proved to be
no longer meeting the requirements as the President and/or Vice President,
The House of Representative shall hold a plenary session to convey the
proposal to dismiss the President and/or Vice President to The People's
Consultative Assembly.
(6) The People's Consultative Assembly shall be required to hold a session
to make decision on the aforementioned proposal of The House of
Representative by no later than thirty days as from the time it receives such
proposal.
(7) The decision of The People's Consultative Assembly on the proposal to
dismiss the President and/or Vice President shall be made in its plenary
session attended by not less than 3/4 of its total members and approved
by not less than 2/3 of the total members present in the session, after
the President and/or Vice President is given the opportunity to provide
explanation in the plenary session of The People's Consultative Assembly.
42
Article 7C
The President cannot freeze and/or dissolve The House of Representative.
Article 8
(1) If the President passess away, resign from office, is dismissed or is unable
to perform his/her duties during his/her term of office, he/she shall be
replaced by the Vice President until the end of his/her term of office.
(2) If the position of the Vice President becomes vacant, The People's
Consultative Assembly shall hold a session within sixty days to elect a Vice
President out of two candidates nominated by the President.
Article 11
(2) The President in concluding international treaties which bring an extensive
and fundamental impact on the life of the people related to state financial
burden, and/or requiring amendments or formulation of laws, must obtain
the approval of The House of Representative.
(3) Further provisions on international treaties shall be regulated by law.
Article 17
(4) The formation, change and dissolution of state ministries shall be regulated
in law.
CHAPTER VII A
The House of Regional Representatives
Article 22C
(1) Members of The House of Regional Representatives shall be elected from
every province through general elections.
(2) The total number of members of The House of Regional Representatives
from each province shall be equal and the total number of members of The
House of Regional Representatives shall not be more than one-third of the
total number of members of The House of Regional Representatives.
(3) The House of Regional Representatives shall hold a session at least once in
a year.
(4) The composition and position of The House of Regional Representatives
shall be regulated by law.
43
Article 22D
(1) The House of Regional Representatives can propose to The House of
Representatives bills related to regional autonomy, relationship between
the centre and regions, formation and expansion and merger of regions,
management of natural resources and other economic resources, as well as
bills related to the financial balance between the center and regions.
(2) The House of Regional Representatives shall take part in the discussion
of bills related to regional autonomy; relationship between the centre and
regions; formation, expansion and merger of regions; management of
natural resources and other economic resources, and the financial balance
between the center and regions; and shall give considerations to The House
of Representatives on bills related to state revenues and expenditures budget
and bills related to taxes, education and religion.
(3) The House of Regional Representatives can oversee the implementation
of laws concerning: regional autonomy, formation, expansion and merger
of regions, relationship between the center and regions, management of
natural resources and other economic resources, implementation of the
state revenues and expenditures budget, taxes, education, and religion, and
shall present the results of such oversight to The House of Representatives
for its consideration to be followed up.
(4) Members of The House of Regional Representatives can be dismissed from
their respective positions, the requirements of and procedures for which
shall be regulated in law.
CHAPTER VIIB
GENERAL ELECTIONS
Article 22E
(1) General elections shall be held in a direct, public, free, secret, honest and
fair manner once in every five years.
(2) General elections shall be held to elect members of The House of
Representatives, The House of Regional Representatives, the President and
Vice President and The Regional House of Representatives.
(3) Participants of general elections for electing members of The House of
Representatives and The Regional House of Representatives shall be
political parties.
Regional Representatives shall be individuals.
(5) General elections shall be organized by a national, permanent and
independent commission for general elections.
44
(6) Further provisions on general elections shall be regulated by law.
Article 23
(1) The state revenues and expenditures budget as the realization of state
financial management shall be stipulated annually by law and shall be
implemented in an open and accountable manner for the greatest prosperity
of the people.
(2) Bill on the state revenues and expenditures budget shall be proposed by
the President for further discussion with The House of Representatives
by taking into account the considerations of The House of Regional
Representatives.
(3) Should The House of Representatives does not approve the draft of the
state revenues and expenditures budget proposed by the President, the
Government shall implement the State Revenues and Expenditures Budget
of the previous year.
Article 23A
All compulsory taxes and other levies for the needs of the state shall be
regulated by law.
Article 23C
Other matters concerning state finances shall be regulated by law.
CHAPTER VIIIA
THE AUDIT BOARD
Article 23E
(1) For auditing the management of and accountability for state finances, a
free and independent Audit Board shall be established.
(2) The results of audit on state finances shall be submitted to The House of
Representatives, The House of Regional Representatives and The Regional
House of Representatives in accordance with their respective authorities.
(3) The said audit results shall be followed up by a representatives bodies and/
or institutions in accordance with the law.
Article 23F
(1) Members of the Audit Board shall be elected by The House of Representatives
Representatives and shall be officially appointed by the President.
45
(2) The leadership of the Audit Board shall be elected from among and by its
members.
Article 23G
(1) The Audit Board shall be located in the state’s capital, and shall have
representative offices in every province.
(2) Further provisions on the Audit Board shall be regulated by law.
Article 24
(1) Judicial power shall be an independent power to organize judicial
administration to uphold law and justice.
(2) Judicial power shall be exercised by a Supreme Court and its inferior
courts, in the jurisdictions of general courts, the religious affair courts, the
military tribunal, the state administration courts, and by a Constitutional
Court.
Article 24A
(1) The Supreme Court shall have the authority to hear a trial at the cassation
level, to conduct judicial review of regulations made under any law against
such law, and shall have other authorities as provided by law.
(2) Justices of the Supreme Court must have integrity and a flawless personality,
and must be fair, professional and experienced in the field of law.
(3) Justice candidates of the Supreme Court shall be proposed by the Judicial
Commission to The House of Representatives for approval and shall
be subsequently be stipulated as Justices of the Supreme Court by the
President.
(4) The Chief Justice and Deputy Chief Justice of the Supreme Court shall be
elected from among and by justices of the Supreme Court.
(5) The composition, position, membership and proceedings of the Supreme
Court as well as of judicial bodies under it shall be regulated by law.
Article 24B
(1) The Judicial Commission shall be independent and shall have the authority
to make proposals for the appointment of justices of the Supreme Court and
shall have other authorities in the context of maintaining and upholding the
honor, noble dignity and conduct of judges.
(2) Members of the Judicial Commission must posses knowledge and
experience in the field of law and must possess integrity as well as a
flawless personality.
46
(3) Members of the Judicial Commission shall be appointed and dismissed by
the President with the approval of The House of Representatives.
(4) The composition, position and membership of the Judicial Commission
shall be regulated by law.
Article 24C
(1) The Constitutional Court shall have the authority to hear cases at the first
and final level the decisions of which shall be final, in conducting judicial
review on laws against the Constitution, to decide disputes concerning
to the authorities of state institutions whose authorities provided by the
Constitution, to make decisions on the dissolution of political parties, and
to decide disputes concerning the results of general elections.
(2) The Constitutional Court shall be required to pass decisions on the opinion
of The House of Representatives concerning alleged violations by the
President and/or Vice President in accordance with the Constitution.
(3) The Constitutional Court shall consist of nine constitutional justices
as stipulated by the President, comprising three judges proposed by the
Supreme Court, three judges proposed by The House of Representatives
and three judges proposed by the President.
(4) The Chief Justice and the Deputy Chief justice of the Constitutional Court
shall be elected from among and by constitutional justices.
(5) Constitutional justices must possess integrity and a flawless personality,
must be fair, statesmen mastering the constitution and organization of state
and shall not concurrently serve as state officials.
(6) The appointment and dismissal of the constitutional justices, the law of
proceedings and other provisions on the Constitutional Court shall be
regulated by law.
The text of this amendment shall be an inseparable part of the text of the
1945 Constitution of the State of The Republic of Indonesia.
The above mentioned amendment was decided upon in the 7th Plenary
Session of The People's Consultative Assembly of The Republic of Indonesia
(second continuation) on November 9, 2001 during the Annual Session of The
People's Consultative Assembly of The Republic of Indonesia , and shall come
into force on the date of its determination.
47
on November 9, 2000

Chairman,
Prof. Dr. Jusuf Amir Feisal, S.Pd. Drs. H.M. Husnie Thamrin
Drs. H.A. Nazri Adlani Agus Widjojo
48
FOURTH AMENDMENT TO
49
FOURTH AMENDMENT TO

THE PEOPLE'S CONSULTATIVES ASSEMBLY

the country, and by exercising its authority by virtue of Article 3 and Article
37 of the 1945 Constitution of the State of the Republic of Indonesia, The
People's Consultatives Assembly of The Republic of Indonesia has determined
as follows:
(a) The 1945 Constitution of the State of the Republic of Indonesia as amended
by the first, second, third and this fourth amendment shall be the 1945
Constitution of the State of the Republic of Indonesia as adopted on August
18, 1945 and brought back into force by Presidential Decree on July 5,
1959 and confirmed by acclamation on July 22, 1959 by The House of
Representatives;
(b) supplementary sentence at the end of the Second Amendment to the 1945
Constitution of the State of the Republic of Indonesia which reads, “The
aforementioned amendment was decided in the 9th Plenary Session of The
People's Consultatives Assembly of The Republic of Indonesia on August
18, 2000 in the Annual Session of The People's Consultatives Assembly
of The Republic of Indonesia and shall come into force on the date of its
detemination”;
(c) change in the numbering of Article 3 paragraph (3) and paragraph (4) of
the Third Amendment to the 1945 Constitution of the State of the Republic
of Indonesia to become Article 3 paragraph (2) and paragraph (3); Article
25E of the Second Amendment to the 1945 Constitution of the State of the
Republic of Indonesia to become Article 25A;
50
(d) deletion of the title of Chapter IV regarding the Supreme Advisory Council
and the change in the substance of Article 16 as well as the placement
thereof in Chapter III regarding the Powers of the State Government;
(e) amendment and/or supplement to Article 2 paragraph (1); Article 6A
paragraph (4); Article 8 paragraph (3); Article 11 paragraph (1); Article 16;
Article 23B; Article 23D; Article 24 paragraph (3); Chapter XIII, Article 31
paragraph (1), paragraph (2), paragraph (3), paragraph (4) and paragraph
(5); Article 32 paragraph (1) and paragraph (2); Chapter XIV, Article 33
paragraph (4) and paragraph (5); Article 34 paragraph (1), paragraph (2),
paragraph (3) and paragraph (4); Article 37 paragraph (1), paragraph (2),
paragraph (3), paragraph (4) and paragraph (5); Articles I, II ad III of
Transitional Rules; Articles I and II of Supplementary Rules of the 1945
Constitution of the State of the Republic of Indonesia so as to read as
follows in its entirety.
Article 2
(1) The People's Consultative Assembly shall consist of members of The
House of Representatives and members of The House of Regional
Representatives elected through general elections and shall be further
regulated by law.
Article 6A
(4) Should no President and Vice President candidate pair is elected, two
candidate pairs having obtained the first and second highest number of
votes in the general elections shall be elected directly by the people and the
pair obtaining the highest number of votes shall be inaugurated as President
and Vice-President.
Article 8
(3) Should the President and Vice President pass away, resign from office, are
dismissed or are no longer capable of performing their obligations during
their term of office at the same time, the caretakers of presidential duties
shall be the Minister of Foreign Affairs, the Minister of Home Affairs, and
the Minister of Defense jointly. By no later than thirty days thereafter, The
People's Consultatives Assembly shall hold a session to elect a President
and a Vice President out of two pairs of Presidential and Vice Presidential
candidates proposed by political parties or a coalition of political parties
whose the Presidential and Vice Presidential Candidates of which obtained
the first and the second highest number of votes in the previous general
elections until the expiration of their term of office.
51
Article 11
(1) The President with the approval of The House of Representatives shall
declare war, make peace and conclude treaties with other states.
Article 16
The President shall form an advisory council which will have the task
of giving advice and considerations to the President, which shall be further
regulated in law.
CHAPTER IV
Deleted.
Article 23B
The type and value of currency shall be stipulated by law.
Article 23D
The state shall have a central bank, the composition, position, authorities,
responsibilities and independence of which shall be regulated by law.
Article 24
(3) Other agencies with functions related to judicial power shall be regulated
in law.
CHAPTER XIII
EDUCATION AND CULTURE
Article 31
(1) Every citizen shall have the right to obtain education.
(2) Every citizen shall be obligated to follow basic education and the
government shall be obligated to finance it.
(3) The government shall manage and organize one national educational
system which enhances faith and devoutness as well as a noble character
in the context of developing the intellectual life of the nation, and it shall
be regulated by law.
(4) The state shall prioritize the educational budget by allocating at least twenty
percent of the state revenues and expenditures budget and of the regional
52
revenues and expenditures budget in order to meet the needs for organizing
national education.
(5) The government shall advance science and technology by upholding
religious values and national unity for the progress of civilization as well
as the welfare of humankind.
Article 32
(1) The state shall advance the national culture of Indonesian amidst world
civilization by guaranteeing freedom to the society in preserving and
developing its culture values.
(2) The state shall respect and preserve local languages as national cultural
asset.
CHAPTER XIV
NATIONAL ECONOMY AND SOCIAL WELFARE
Article 33
(4) The national economy shall be organized based on economic democracy
with the principles of togetherness, efficiency with justice, sustainable and
environmentally insight, independence and by keeping a balance between
progress and unity of national economy.
(5) Further provisions concerning the implementation of this article shall be
regulated in law.
Article 34
(1) The poor and neglected children shall be taken care of by the state.
(2) The state shall develop a social security system for all of the people and
shall empower the weak and underprivileged people in accordance with
the human dignity.
(3) The state shall be responsible for providing appropriate health service
facilities and public service facilities.
regulated in law.
Article 37
(1) The proposal for the amendment to the articles of the Constitution can be
included in the agenda of The People's Consultative Assembly session if
53
it is submitted by not less than 1/3 of its total number of members of The
People's Consultative Assembly.
(2) Every proposal for the amendment to the articles of the Constitution shall
be submitted in writing and shall clearly point out the parts proposed to be
amended along with the reasons therefore.
(3) To amend the articles to the Constitution, The People's Consultative
Assembly session shall be attended by not less than 2/3 of the total number
of members of The People's Consultatives Assembly.
(4) Decisions to amend the articles to the Constitution shall be made with the
approval of not less than fifty percent plus one member of the total number
of members of The People's Consultatives Assembly.
(5) Specifically with regard to the form of the Unitary State of the Republic of
Indonesia, no amendments can be made.
Article I
All existing laws and regulations shall remain valid, as long as no new ones
are established in conformity with this Constitution.
Article II
All existing state institutions shall remain in function as long as it is for
implementing the provisions of the Constitution and as no new institutions are
established in conformity with this Constitution.
Article III
The Constitutional Court shall be established by no later than August 17,
2003 and prior to it being established, all of its authorities shall be exercised by
the Supreme Court.
Article I
The People's Consultatives Assembly shall be assigned with the task of
reviewing the substance and legal status of the Decrees of the Provisional The
People's Consultatives Assembly and the Decrees of The People's Consultatives
Assembly to be decided in the 2003 The People's Consultatives Assembly
session.
54
Article II
With the stipulation of these amandments to the Constitution, the 1945
Constitution of the State of the Republic of Indonesia shall consist of the
Preamble and articles.
The above amandment was decided in the 6th Plenary Session of The People's
Consultatives Assembly of The Republic of Indonesia (continuation) on August
10, 2002 during the Annual Session of The People's Consultatives Assembly
of The Republic of Indonesia, and shall come into force on the date of its
determination.
on August 10, 2002
THE PEOPLE'S CONSULTATIVES ASSEMBLY

Chairman,
K. H. Cholil Bisri Drs. H.M. Husnie Thamrin
55
Agus Widjojo Prof. Dr. Jusuf Amir Feisal, S.Pd.
Vice Chairman,
Drs. H. A. Nazri Adlani
56
OF THE REPUBLIK OF INDONESIA

THE STATE OF THE REPUBLIC OF INDONESIA,
A COMBINED TEXT
57
OF THE REPUBLIK OF INDONEDIA

(Preamble)
Whereas, independence is the virtual right of every nation, and therefore,

colonialism must be eliminated from the face of the earth, because it is
contradictory to humanity and justice.
Indonesia’s independence struggle movement has now reached a joyful
moment, leading the people of Indonesia safe and sound to the gateway of
independence of the Indonesian State which is free, united, sovereign, just and
prosperous.
With the blessing of God The Almighty and driven by the noble desire to lead
a free national life, the people of Indonesia hereby declare their independence.
Furthermore, in order to form a Government of the State of Indonesia which
shall protect the entire Indonesian nation and the entire Indonesian native land,
and in order to advance general welfare, to develop the intellectual life of the
nation, and to partake in implementing world order based upon independence,
eternal peace and social justice, Indonesia’s National Independence shall
be enshrined in the Constitution of the State of the Republic of Indonesia,
established within the structure of the State of the Republic of Indonesia with
the sovereignty of the people based upon Belief in The One and Only God, just
and civilized Humanity, the Unity of Indonesia, and Democracy guided by the
inner wisdom of deliberations amongst representatives, and by creating social
Justice for all the people of Indonesia.
*) : First Amendment
**) : Second Amendment
***) : Third Amendment
****) : Fourth Amendment
58
THE CONSTITUTION
CHAPTER I
FORM AND SOVEREIGNTY
Article 1
(1) The State of Indonesia shall constitute a Unitary State, having the form of
Republic.
(2) Sovereignty shall be in the hand of the people and shall be exercised in
accordance with the Constitution.***)
(3) The state of Indonesia shall be a state based on law. ***)
CHAPTER II
Article 2
(1) The People's Consultative Assembly shall consist of members of The House
of Representatives and members of The House of Regional Representatives
elected through general elections and shall be further regulated by law. ****)
(2) The People's Consultative Assembly shall convene at least once in every five
years in the state’s capital city.
(3) All decisions of The People's Consultative Assembly shall be determined by
majority of votes.
Article 3
(1) The People's Consultative Assembly shall have the authority to amend and
determine the Constitution.***)
(2) The People's Consultative Assembly shall inaugurate the President and/or
the Vice President.***/****)
59
(3) The People's Consultative Assembly can only dismiss the President and/or
the Vice President during his/her respective term of office in accordance
with the Constitution.***/****)
CHAPTER III
POWERS OF THE STATE GOVERNMENT
Article 4
(1) The President of the Republic of Indonesia shall hold the powers of
government in accordance with the Constitution.
(2) In performing his/her duties, the President shall be assisted by a Vice-
President.
Article 5
(1) The President shall have the right to propose bills to The House of
Representatives. *)
(2) The President shall stipulate government regulations to implement laws as
appropriate.
Article 6
(1) Any candidates for President and Vice President must be Indonesian citizens
since birth and have never accepted the citizenship of another country at
his/her own will, have never committed treason, and must be mentally and
physically capable of performing the tasks and duties as President and Vice
President respectively.***)
(2) Requirements to become the President and the Vice President shall be
further regulated by law.***)
Article 6A
(1) The President and Vice President shall be elected as a pair directly by the
people.***)
60
(2) The pair of candidates for President and Vice President shall be proposed
by a political party or a combination of political parties participating in the
general elections prior to implement the general elections. ***)
(3) The pair of candidates for President and Vice President obtaining over fifty
percent of the total number of votes in general elections and not less than
twenty percent of votes in each of the provinces constituting more than half
of the total number of provinces in Indonesia, shall be inaugurated as the
President and the Vice President respectively. ***)
(4) Should no President and Vice President candidate pair is elected, two
candidate pairs having obtained the first and second highest number of
votes in the general elections shall be elected directly by the people and the
pair obtaining the highest number of votes shall be inaugurated as President
and Vice-President. ****)
(5) The procedures for electing the President and the Vice President shall be
further regulated in law. ***)
Article 7
The President and the Vice President shall hold office for a term of five years
and shall thereafter be eligible for re-election for the same office.*)
Article 7A
The President and/or the Vice President can be dismissed from his/her position
during his/her term of office by The People's Consultative Assembly upon the
proposal of The House of Representatives, either if it is proven that he/she
has violated the law in the form of treason, corruption, bribery, other serious
criminal acts, or disgraceful conduct, or if it is proven that he/she no longer
meets the requirements as President and/or as Vice President. ***)
Article 7B
(1) The proposal to dismiss the President and/or Vice President can only be
submitted by The House of Representatives to The People's Consultative
Assembly by first of all filing a request to the Constitutional Court to
examine, hear and issue a decision in respect of the opinion of The House
61
of Representatives that the President and/or Vice President has violated the
law in the form of treason, corruption, bribery, other serious criminal acts,
or disgraceful conduct; and/or the opinion that the President and/or Vice
President no longer meets the requirements as the President and/or Vice
President. ***)
(2) The opinion of The House of Representatives that the President and/or
Vice President has violated the law or no longer meets the requirements
as the President and/or Vice President shall be given in the context of
implementing the oversight function of The House of Representatives. ***)
(3) The request of The House of Representatives to the Constitutional Court can
only be filed with the support of not less than 2/3 of the total members of The
House of Representatives who are present in the plenary session attended
by not less than 2/3 of the total members of The House of Representatives.
***)
(4) The Constitutional Court to be required to examine, hear and issue a
decision as justly as possible concerning the aforementioned opinion
of The House of Representatives by no later than ninety days after the
Constitutional Court receives the request of The House of Representatives.
***)
(5) If the Constitutional Court decides that the President and/or Vice President is
proved to have violated the law in the form of treason, corruption, bribery, other
serious criminal acts, or disgraceful conduct; and/or is proved to be no longer
meeting the requirements as the President and/or Vice President, The House of
Representatives shall hold a plenary session to convey the proposal to dismiss the
President and/or Vice President to The People's Consultative Assembly. ***)
(6) The People's Consultative Assembly shall be required to hold a session
to make decision on the aforementioned proposal of The House of
Representatives by no later than thirty days as from the time it receives
such proposal. ***)
(7) The decision of The People's Consultative Assembly on the proposal to
dismiss the President and/or Vice President shall be made in its plenary
session attended by not less than 3/4 of its total members and approved
by not less than 2/3 of the total members present in the session, after
the President and/or Vice President is given the opportunity to provide
explanation in the plenary session of The People's Consultative Assembly.
***)
62
Article 7C
The President cannot freeze and/or dissolve The House of Representatives.***)
Article 8
(1) If the President passess away, resign from office, is dismissed or is unable
to perform his/her duties during his/her term of office, he/she shall be
replaced by the Vice President until the end of his/her term of office.***)
(2) If the position of the Vice President becomes vacant, The People's
Consultative Assembly shall hold a session within sixty days to elect a Vice
President out of two candidates nominated by the President.***)
(3) Should the President and Vice President pass away, resign from office, are
dismissed or are no longer capable of performing their obligations during
their term of office at the same time, the caretakers of presidential duties
shall be the Minister of Foreign Affairs, the Minister of Home Affairs,
and the Minister of Defense jointly. By no later than thirty days thereafter,
The People's Consultative Assembly shall hold a session to elect a President
and a Vice President out of two pairs of Presidential and Vice Presidential
candidates proposed by political parties or a coalition of political parties
whose the Presidential and Vice Presidential Candidates of which obtained
the first and the second highest number of votes in the previous general
elections until the expiration of their term of office. ****)
Article 9
(1) Prior to assuming his/her office, the President and the Vice President shall
take an oath according to their religion, or shall make a solemn promise
before The People's Consultative Assembly or The House of Representatives,
as follows:
The oath of the President (Vice President):
“I swear by God that I shall fulfill my duties as the President of the
Republic of Indonesia (Vice President of the Republic of Indonesia) as
shall serve devotedly the Country and Nation”.*)
63
The promise of the President (Vice President):
“I solemnly promise that I shall fulfill my duties as the President of
the Republic of Indonesia (Vice President of the Republic of Indonesia) as
shall serve devotedly the Country and Nation”.*)
(2) Should The People's Consultative Assembly or The House of Representatives
fails to hold a session, the President and the Vice President shall take an
oath according with their religion, or shall make a solemn promise before
the leadership of The People's Consultative Assembly witnessed by the
leadership of the Supreme Court.*)
Article 10
The President shall hold the highest authority over the Army, the Navy and the
Air Force.
Article 11
(1) The President with the approval of The House of Representatives shall
declare war, make peace and conclude treaties with other states. ****)
(2) The President in concluding international treaties which bring an extensive
and fundamental impact on the life of the people related to state financial
burden, and/or requiring amendments or formulation of laws, must obtain
the approval of The House of Representatives.***)
(3) Further provisions on international treaties shall be regulated by law.***)
Article 12
The President shall declare state of emergency. The conditions and
consequences thereof shall be prescribed by law.
Article 13
(1) The President shall appoint ambassadors and consuls.
(2) In appointing ambassadors, the President shall take into account the
considerations of The House of Representatives.*)
64
(3) The President shall receive ambassadors from sending states by taking into
account the considerations of The House of Representatives.*)
Article 14
(1) The President shall grant pardon and rehabilitation by taking into account
the considerations of the Supreme Court.*)
(2) The President shall grant amnesty and abolition by taking into account the
considerations of The House of Representatives.*)
Article 15
The President shall award titles, decorations and other marks of honor as
stipulated by law. *)
Article 16
The President shall form an advisory council which will have the task
of giving advice and considerations to the President, which shall be further
regulated in law. ****)
CHAPTER IV
Deleted. ****)
CHAPTER V
THE MINISTRIES OF STATE
Article 17
(1) The President shall be assisted by state ministers.
(2) Ministers shall be appointed and dismissed by the President.*)
65
(3) Each minister shall be in charge of certain affairs in the government
administration.*)
(4) The formation, change and dissolution of state ministries shall be regulated
in law.***)
CHAPTER VI
REGIONAL GOVERNMENT
Article 18
(1) The Unitary State of the Republic of Indonesia shall be divided into
provincial regions and these provincial regions shall be divided into
regencies (kabupaten) and municipalities (kota), whereby each province,
regency and municipality shall have a regional government regulated by
law.**)
(2) The provincial, regency, and municipal governments shall regulate and
administer their own governmental affairs in accordance with the principle
of autonomy and duty of assistance.**)
(3) The provincial, regency, and municipal governments shall have their
respective The Regional House of Representatives the members of which
shall be elected through general elections.**)
(4) Governors, Regents and Mayors as the respective heads of provincial,
regency, and municipal governments shall be elected democratically.**)
(5) The regional governments shall exercise autonomy to the broadest possible
extent, with the exception of governmental affairs determined by law as
affairs of the Central Government.**)
(6) The regional governments shall have the right to stipulate regional
regulations and other regulations to implement autonomy and duty of
assistance.**)
(7) The structure of and procedures for the administration of regional
government shall be regulated in law.**)
66
Article 18A
(1) Relations of authority between the central government and the provincial,
regency, and municipal governments or between provinces and regencies
and municipalities shall be regulated by law with due observance of the
special characteristics and diversity of the regions.**)
(2) Relations of finance, public services, utilization of natural resources
and other resources between the central government and the regional
governments shall be stipulated and implemented in a just and harmonious
manner based on law.**)
Article 18B
(1) The state shall recognize and respect regional government units of special
or particular nature to be stipulated by law.**)
(2) The state shall recognize and respect customary law (hukum adat)
community units along with their traditional rights insofar as they are still
existent and are in conformity with the development of society and the
principle of the Unitary State of the Republic of Indonesia, to be regulated
in law.**)
CHAPTER VII
THE HOUSE OF REPRESENTATIVES
Article 19
(1) Members of The House of Representatives shall be elected through general
elections.**)
(2) The composition of The House of Representatives shall be regulated by
law.**)
(3) The House of Representatives shall convene at least once a year.**)
67
Article 20
(1) The House of Representatives shall have power to make law.*)
(2) Every bill shall be discussed by The House Representatives and the
President to obtain a joint approval.*)
(3) Should a bill not obtain a joint approval, it may not be re-submitted during
the same session of The House of Representatives.*)
(4) The President shall a ratify bill which has obtained a joint approval to
become a law.*)
(5) Should a bill which has obtained a joint approval is not ratified by the
President within thirty days as from the time such bill is approved, the bill
shall legally become a law and it must be enacted.**)
Article 20A
(1) The House of Representatives shall have legislative, budgetary and
oversight functions.**)
(2) In implementing its functions, in addition to the rights stipulated in other
articles of this Constitution, The House of Representatives shall have
the right of interpellation, the right of inquiry and the right of to express
opinion.**)
(3) In addition to the rights stipulated in other articles of this Constitution, every
member of The House of Representatives shall have the right to raise a
question, to submit a proposal and opinion, and the right of immunity.**)
(4) Further provisions on the rights of The House of Representatives and the rights
of members of The House of Representatives shall be regulated in law.**)
Article 21
Members of The House of Representatives shall have the right to propose
bills.*)
Article 22
(1) In the state of exigencies, the President shall have the right to stipulate
government regulation in lieu of law.
68
(2) The said government regulation must obtain the approval of The House of
Representatives in its subsequent session.
(3) Should it not be approved, the government regulation must be
revoked.
Article 22A
Further provisions on the procedures for establishing laws shall be regulated
by law.**)
Article 22B
Members of The House of Representatives can be removed from office,
conditions and procedures of which shall be regulated in law.**)
CHAPTER VIIA ***)

THE HOUSE OF REGIONAL REPRESENTATIVES
Article 22C
(1) Members of The House of Regional Representatives shall be elected from
every province through general elections.***)
(2) The total number of members of The House of Regional Representatives
from each province shall be equal and the total number of members of The
House of Regional Representatives shall not be more than one-third of the
total number of members of The House of Representatives.***)
(3) The House of Regional Representatives shall hold a session at least once in a
year.***)
(4) The composition and position of The House of Regional Representatives
shall be regulated by law.***)
Article 22D
(1) The House of Regional Representatives can propose to The House of
Representatives bills related to regional autonomy, relationship between
69
the center and regions, formation and expansion and merger of regions,
management of natural resources and other economic resources, as well as
bills related to the financial balance between the center and regions.***)
(2) The House of Regional Representatives shall take part in the discussion
of bills related to regional autonomy; relationship between the center and
regions; formation, expansion and merger of regions; management of
natural resources and other economic resources, and the financial balance
between the center and regions; and shall give considerations to The House
of Representatives on bills related to state revenues and expenditures budget
and bills related to taxes, education and religion.***)
(3) The House of Regional Representatives can oversee the implementation
of laws concerning: regional autonomy, formation, expansion and merger
of regions, relationship between the center and regions, management of
natural resources and other economic resources, implementation of the
state revenues and expenditures budget, taxes, education, and religion, and
shall present the results of such oversight to The House of Representatives
for its consideration to be followed up.***)
(4) Members of The House of Regional Representatives can be dismissed from
their respective positions, the requirements of and procedures for which
shall be regulated in law.***)
CHAPTER VIIB***)
GENERAL ELECTIONS
Article 22E
(1) General elections shall be held in a direct, public, free, secret, honest and
fair manner once in every five years.***)
(2) General elections shall be held to elect members of The House of
Representatives, The House of Regional Representatives, the President and
Vice President and The House of Regional Representatives.***)
(3) Participants of general elections for electing members of The House
of Representatives and The Regional House of Representatives shall be
political parties.***)
70
Regional Representatives shall be individuals.***)
(5) General elections shall be organized by a national, permanent and
independent commission for general elections.***)
(6) Further provisions on general elections shall be regulated by law.***)
Article 23
(1) The state revenues and expenditures budget as the realization of state financial
management shall be stipulated annually by law and shall be implemented in an
open and accountable manner for the greatest prosperity of the people.***)
(2) Bill on the state revenues and expenditures budget shall be proposed by
the President for further discussion with The House of Representatives
Representatives.***)
(3) Should The House of Representatives does not approve the draft of the
state revenues and expenditures budget proposed by the President, the
Government shall implement the State Revenues and Expenditures Budget
of the previous year.***)
Article 23A
All compulsory taxes and other levies for the needs of the state shall be
regulated by law.***)
Article 23B
The type and value of currency shall be stipulated by law. ****)
Article 23C
Other matters concerning state finances shall be regulated by law.***)
Article 23D
The state shall have a central bank, the composition, position, authorities,
responsibilities and independence of which shall be regulated by law.****)
71
CHAPTER VIIIA***)
THE AUDIT BOARD
Article 23E
(1) For auditing the management of and accountability for state finances, a
free and independent Audit Board shall be established. ***)
(2) The results of audit on state finances shall be submitted to The House
of Representatives, The House of Regional Representatives and The
Regional House of Representatives in accordance with their respective
authorities.***)
(3) The said audit results shall be followed up by a representatives bodies and/
or institutions in accordance with the law.***)
Article 23F
(1) Members of the Audit Board shall be elected by The House of Representatives
Representatives and shall be officially appointed by the President.***)
(2) The leadership of the Audit Board shall be elected from among and by its
members.***)
Article 23G
(1) The Audit Board shall be located in the state’s capital, and shall have
representative offices in every province.***)
(2) Further provisions on the Audit Board shall be regulated by law.***)
Article 24
(1) Judicial power shall be an independent power to organize judicial
administration to uphold law and justice.***)
(2) Judicial power shall be exercised by a Supreme Court and its inferior courts,
in the jurisdictions of general courts, the religious affair courts, the military
tribunal, the state administration courts, and by a Constitutional Court.***)
72
(3) Other agencies with functions related to judicial power shall be regulated
in law.****)
Article 24A
(1) The Supreme Court shall have the authority to hear a trial at the cassation
level, to conduct judicial review of regulations made under any law against
such law, and shall have other authorities as provided by law.***)
(2) Justices of the Supreme Court must have integrity and a flawless personality,
and must be fair, professional and experienced in the field of law.***)
(3) Justice candidates of the Supreme Court shall be proposed by the Judicial
Commission to The House of Representatives for approval and shall
be subsequently be stipulated as Justices of the Supreme Court by the
President.***)
(4) The Chief Justice and Deputy Chief Justice of the Supreme Court shall be
elected from among and by justices of the Supreme Court.***)
(5) The composition, position, membership and proceedings of the Supreme
Court as well as of judicial bodies under it shall be regulated by law.***)
Article 24B
(1) The Judicial Commission shall be independent and shall have the authority
to make proposals for the appointment of justices of the Supreme Court and
shall have other authorities in the context of maintaining and upholding the
honor, noble dignity and conduct of judges.***)
(2) Members of the Judicial Commission must posses knowledge and
experience in the field of law and must possess integrity as well as a
flawless personality.***)
(3) Members of the Judicial Commission shall be appointed and dismissed by
the President with the approval of The House of Representatives.***)
(4) The composition, position and membership of the Judicial Commission
shall be regulated by law.***)
73
Article 24C
(1) The Constitutional Court shall have the authority to hear cases at the first
and final level the decisions of which shall be final, in conducting judicial
review on laws against the Constitution, to decide disputes concerning
to the authorities of state institutions whose authorities provided by the
Constitution, to make decisions on the dissolution of political parties, and
to decide disputes concerning the results of general elections.***)
(2) The Constitutional Court shall be required to pass decisions on the opinion
of The House of Representatives concerning alleged violations by the
President and/or Vice President in accordance with the Constitution.***)
(3) The Constitutional Court shall consist of nine constitutional justices
as stipulated by the President, comprising three judges proposed by the
Supreme Court, three judges proposed by The House of Representatives
and three judges proposed by the President.***)
(4) The Chief Justice and the Deputy Chief justice of the Constitutional Court
shall be elected from among and by constitutional justices.***)
(5) Constitutional justices must possess integrity and a flawless personality,
must be fair, statesmen mastering the constitution and organization of state
and shall not concurrently serve as state officials.***)
(6) The appointment and dismissal of the constitutional justices, the law of
proceedings and other provisions on the Constitutional Court shall be
regulated by law.***)
Article 25
The requirements for the appointment and dismissal of judges shall be
prescribed by law.
CHAPTER IXA**)
STATE TERRITORY
Article 25A ****)

The Unitary State of The Republic of Indonesia is an archipelagic state
characterized by the Indonesian Archipelago (Nusantara), with its territorial
boundaries and rights stipulated by law. **)
74
CHAPTER X
CITIZENS AND RESIDENTS
Article 26
(1) Citizens shall be persons who are native born Indonesians and persons of
other nationality who are legalized by law as citizens.
(2) Residents shall be Indonesian citizens and foreign nationals residing in
Indonesia.**)
(3) Matters concerning citizens and residents shall be regulated by law.**)
Article 27
(1) Without exception, all citizens shall have an equal position before
the law and government and shall be obligated to uphold such law and
government.
(2) Every citizen shall have the right to work and to a living befitting human
beings.
(3) Every citizen shall have the right and duty to participate in the efforts of the
state defense.**)
Article 28
The freedom of association and assembly, the freedom of expression of
thought, both orally and in written form and the like shall be determined by
law.
CHAPTER XA**)
HUMAN RIGHTS
Article 28A
Every person shall have the right to live and to defend his/her life and
living.**)
75
Article 28B
(1) Every person shall be entitled to found a family and to procreate through
legitimate marriage.**)
(2) Every child shall have the right to survive, grow and develop and shall
have the right to be protected from violence and discrimination.**)
Article 28C
(1) Every person shall have the right to develop him/herself through the
fulfillment of their basic needs, shall have the right to obtain education
and to enjoy the benefits of science and technology, arts and culture,
for the enhancement of the quality of their life and for the welfare of
humankinds.**)
(2) Every person shall have the right to improve him/herself in striving for his/
her rights collectively for building his/her society, nation, and state.**)
Article 28D
(1) Every person shall have the right to the recognition, the guarantee, the
protection and the legal certainty of just laws as well as equal treatment
before the law.**)
(2) Every person shall have the right to work and to receive fair and proper
remuneration and treatment in work relationships.**)
(3) Every citizen shall have the right to obtain equal opportunities in
government.**)
(4) Every person shall have the right to the status of citizenship.**)
Article 28E
(1) Every person shall be free to adhere to a religion and to worship in
accordance with his/her religion, to choose education and teaching, to
choose occupation, to choose citizenship, to choose residence in the state
territory and to leave it, and shall have the right to return.**)
(2) Every person shall have the right to the freedom to hold a belief, to express
his/her thought and attitude in accordance with his/her conscience.**)
76
(3) Every person shall have the right to the freedom of association, and
expression of opinion.**)
Article 28F
Every person shall have the right to communicate and to obtain information
to develop him/herself and his/her social environment, and shall have the right
to seek, obtain, possess, store, process and convey information by using all
available kinds of channels.**)
Article 28G
(1) Every person shall have the right to protect him/herself, his/her family,
honor, dignity and property under his/her control, and shall have the right
to feel secure and be protected from the threat of fear to do, or not to do
something which constitutes human right.**)
(2) Every person shall have the right to be free from torture or treatments
degrading human dignity and shall have the right to obtain political asylum
from another country.**)
Article 28H
(1) Every person shall have the right to live a physically and mentally
prosperous life, to have residence, and to obtain a proper and healthy living
environment as well as to obtain health services.**)
(2) Every person shall have the right to obtain facilities and special treatment
in obtaining equal opportunities and benefits for achieving equality and
justice.**)
(3) Every person shall have the right to social security allowing him/her to
develop completely as a dignified human being.**)
(4) Every person shall have the right to possess personal property rights and
such property rights shall not be taken over arbitrarily by anybody.**)
77
Article 28I
(1) The right to life, the right not to be tortured, the right of freedom of thought
and conscience, the right to have a religion, the right not to be enslaved,
the right to be recognized as a person before the law, and the right not to
be prosecuted under retroactive law shall constitute human rights which
cannot be reduced under any circumstances whatsoever.**)
(2) Every person shall have the right to be free from discriminatory treatment
on any basis whatsoever and shall have the right to obtain protection against
any such discriminatory treatment.**)
(3) The culture identities and the rights of traditional communities shall be
respected in conformity with the development of time and civilization.**)
(4) The protection, promotion, enforcement and fulfillment of human rights
shall be the responsibility of the state, particularly the government.**)
(5) To enforce and protect human rights in accordance with the principle of
a democratic constitutional state, the exercise of human rights shall be
guaranteed, regulated and set forth in laws and regulations.**)
Article 28J
(1) Every person shall be obligated to respect the human rights of another
person in the orderly life of community, nation and state.**)
(2) In exercising his/her right and freedom, every person must submit to
the restrictions stipulated in laws and regulations with the sole purpose
to guarantee the recognition of and the respect for other persons’ rights
and freedom and fulfill fair demand in accordance with the considerations
of morality, religious values, security, and public order in a democratic
society.**)
78
CHAPTER XI
RELIGION
Article 29
(1) The state shall be based upon Belief in The One and Only God.
(2) The state shall guarantee freedom to every resident to adhere his/her
religion and to worship in accordance with such religion and belief.
CHAPTER XII
STATE DEFENSE AND SECURITY**)
Article 30
(1) Every citizen shall have the right and the duty to participate in the efforts
for state defense and security. **)
(2) The efforts for state defense and security shall be implemented through
a comprehensive people’s defense and security system by the Indonesian
National Army (TNI) and the State Police of the Republic of Indonesia as
the main forces, and the people as supporting forces.**)
(3) The Indonesian National Army shall comprise of the Army, the Navy and
Air Force as the state apparatus having the duty to defend, protect and
maintain state integrity and sovereignty.**)
(4) The State Police of the Republic of Indonesia as a state apparatus which
maintains public security and order shall have the duty to protect, guard,
serve the community, and to enforce the law.**)
(5) The composition and position of the Indonesian National Army, of the State
Police of the Republic of Indonesia, the relationship of authorities between the
Indonesian National Army and the State Police of the Republic of Indonesia
in performing their respective tasks, the requirements for the participation
of citizens in the efforts for the state defense and security, as well as matters
related to defense and security shall be regulated by law.**)
79
CHAPTER XIII
EDUCATION AND CULTURE****)
Article 31
(1) Every citizen shall have the right to obtain education. ****)
(2) Every citizen shall be obligated to follow basic education and the
government shall be obligated to finance it. ****)
(3) The government shall manage and organize one national educational
system which enhances faith and devoutness as well as a noble character
in the context of developing the intellectual life of the nation, and it shall
be regulated by law. ****)
(4) The state shall prioritize the educational budget by allocating at least twenty
percent of the state revenues and expenditures budget and of the regional
revenues and expenditures budget in order to meet the needs for organizing
national education. ****)
(5) The government shall advance science and technology by upholding
religious values and national unity for the progress of civilization as well
as the welfare of humankind. ****)
Article 32
(1) The state shall advance the national culture of Indonesian amidst world
civilization by guaranteeing freedom to the society in preserving and
developing its culture values. ****)
(2) The state shall respect and preserve local languages as national cultural
asset. ****)
CHAPTER XIV
NATIONAL ECONOMY AND SOCIAL WELFARE****)
Article 33
(1) The economy shall be organized as a common endeavor based upon the
principle of family system.
80
(2) Production branches which are important for the state and which affect the
livelihood of the public shall be controlled by the state.
(3) Land and water and the natural resources contained therein shall be
controlled by the state and shall be used for the greatest prosperity of the
people.
(4) The national economy shall be organized based on economic democracy
with the principles of togetherness, efficiency with justice, sustainable and
environmentally insight, independence and by keeping a balance between
progress and unity of national economy. ****)
Article 34
(1) The poor and neglected children shall be taken care of by the state. ****)
(2) The state shall develop a social security system for all of the people and
shall empower the weak and underprivileged people in accordance with
the human dignity. ****)
(3) The state shall be responsible for providing appropriate health service
facilities and public service facilities. ****)
CHAPTER XV
NATIONAL FLAG, LANGUAGE, SYMBOL AND ANTHEM **)
Article 35
The Flag of the Indonesian State shall be Sang Merah Putih.
Article 36
The language of the State shall be Bahasa Indonesia.
81
Article 36A
The National Symbol shall be Garuda Pancasila with the motto of Bhinneka
Tunggal Ika (Unity in Diversity).**)
Article 36B
The National Anthem shall be Indonesia Raya.**)
Article 36C
Further provisions concerning the National Flag, Language, Symbol and
the National Anthem shall be regulated by law.**)
CHAPTER XVI
Article 37
(1) The proposal for the amendment to the articles of the Constitution can be
included in the agenda of The People's Consultative Assembly's session if
it is submitted by not less than 1/3 of its total number of members of The
People's Consultative Assembly. ****)
(2) Every proposal for the amendment to the articles of the Constitution shall
be submitted in writing and shall clearly point out the parts proposed to be
amended along with the reasons therefore. ****)
(3) To amend the articles to the Constitution, The People's Consultative
Assembly session shall be attended by not less than 2/3 of the total number
of members of The People's Consultative Assembly. ****)
(4) Decisions to amend the articles to the Constitution shall be made with the
approval of not less than fifty percent plus one member of the total number
of members of The People's Consultative Assembly. ****)
(5) Specifically with regard to the form of the Unitary State of the Republic of
Indonesia, no amendments can be made. ****)
82
Article I
All existing laws and regulations shall remain valid, as long as no new ones
are established in conformity with this Constitution. ****)
Article II
All existing state institutions shall remain in function as long as it is for
implementing the provisions of the Constitution and as no new institutions are
established in conformity with this Constitution. ****)
Article III
The Constitutional Court shall be established by no later than August 17,
2003 and prior to it being established, all of its authorities shall be exercised by
the Supreme Court. ****)
Article I
The People's Consultative Assembly shall be assigned with the task of
reviewing the substance and legal status of the Decrees of the Provisional The
People's Consultative Assembly and the Decrees of The People's Consultative
Assembly to be decided in the 2003 The People's Consultative Assembly session.
****)
Article II
With the stipulation of these amendments to the Constitution, the 1945
Constitution of the State of the Republic of Indonesia shall consist of the
Preamble and articles.****)
83

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BAI Unofficial Translation

Date: March 31, 2006

THE PEOPLE’S CONSULTATIVE ASSEMBLY

THE 1945 CONSTITUTION OF

THE STATE OF THE REPUBLIC OF INDONESIA

1. THE 1945 CONSTITUTION OF

THE 1945 CONSTITUTION OF

Whereas, independence is the virtual right of every nation, and therefore,

The People's Consultative Assembly shall determine the Constitution and

(1) The President shall be assisted by state ministers.

I. The Constitution, a part of fundamental law.

The Constitution of a state is only a part of its fundamental law. The

II. Principal ideas in the “preamble”

What are the principal ideas contained in the “preamble” to the

IV. The Constitution is brief and elastic in nature.

The Constitution consists of only 37 articles. Other articles contain only

THE SYSTEM OF STATE GOVERNMENT

The system of state government emphasized in the Constitution shall be as

1. The State of Indonesia shall be based upon law (rechtsstaat), it shall

II. Constitutional System.

2. The government shall be based on a constitutional system (fundamental

3. The sovereignty of the People shall be held by a body called The

Under The People's Consultative Assembly, the President shall be the

V. The President shall not be accountable to The House of Representative.

In addition to the President, there shall be The House of Representative.

VII. The Powers of the Head of State are not unlimited.

Article 4 and Article 5 paragraph 2

Articles: 10, 11, 12, 13, 14, 15

Articles: 19, 20, 21, and 23

Thus, The House of Representatives shall control the government.

Articles 27, 30, 31, paragraph 1

Articles 28, 29 paragraph 1, 34

BY THE GRACE OF GOD THE ALMIGHTY

After having thoroughly and conscientiously studied, analyzed and

(2) Should The People's Consultative Assembly or The House of Representative

THE PEOPLE'S CONSULTATIVE ASSEMBLY OF THE

Prof. Dr. H.M. Amien Rais

Vice Chairman, Vice Chairman,

Prof. Dr. Ir. Ginandjar Kartasasmita Drs. Kwik Kian Gie

Vice Chairman, Vice Chairman,

H. Matori Abdul Djalil Drs. H.M. Husnie Thamrin

Vice Chairman, Vice Chairman,

Drs. H.A. Nazri Adlani

BY THE GRACE OF GOD THE ALMIGHTY

After having thoroughly and conscientiously studied, analyzed and

(1) Members of The House of Representative shall be elected through general

The Unitary State of the Republic of Indonesia is an archipelagic state

(1) Every person shall be free to adhere to a religion and to worship in

THE PEOPLE'S CONSULTATIVE ASSEMBLY

Prof. Dr. H.M. Amien Rais

Vice Chairman, Vice Chairman,

Prof. Dr. Ir. Ginandjar Kartasasmita Ir. Sutjipto

Vice Chairman, Vice Chairman,

H. Matori Abdul Djalil Drs. H.M. Husnie Thamrin

Vice Chairman, Vice Chairman,

Drs. H.A. Nazri Adlani

THIRD AMENDMENT TO THE 1945 CONSTITUTION OF

BY THE GRACE OF GOD THE ALMIGHTY

After having thoroughly and conscientiously studied, analyzed and

THE PEOPLE'S CONSULTATIVE ASSEMBLY

Prof. Dr. H.M. Amien Rais

Vice Chairman, Vice Chairman,

Prof. Dr. Ir. Ginandjar Kartasasmita Ir. Sutjipto