Whereas independence is the inalienable right of all nations, therefore, all colonialism must be abolished in this world as it is not in conformity with humanity and justice;
And the moment of rejoicing has arrived in the struggle of the Indonesian independence movement to guide the people safely and well to the gate of the independence of the state of Indonesia which shall be independent, united, sovereign, just and prosperous;
God or other deities
By the grace of God Almighty and motivated by the noble desire to live a free national life, the people of Indonesia hereby declare their independence.
Motives for writing constitution, God or other deities
Subsequent thereto, to form a government of the state of Indonesia which shall protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice, therefore the independence of Indonesia shall be formulated into a constitution of the Republic of Indonesia which shall be built into a sovereign state based on a belief in the One and Only God, just and civilised humanity, the unity of Indonesia, and democratic life led by wisdom of thoughts in deliberation amongst representatives of the people, and achieving social justice for all the people of Indonesia.
Chapter III. The Executive Power
Name/structure of executive(s)
The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution.
In exercising his/her duties, the President shall be assisted by a Vice-President.
Initiation of general legislation
The President shall be entitled to submit bills to the DPR.
- The President may issue Government regulations as required to implement laws.
Eligibility for head of state
- Any candidate for President or Vice-President shall be a citizen of Indonesia since birth, shall never have acquired another citizenship by his/her own will, shall never have committed an act of treason against the State, and shall be mentally and physically capable of implementing the duties and obligations of President or Vice-President.
- The requirements to become President or Vice-President shall be further regulated by law.
Head of state selection, Deputy executive
The President and Vice-President shall be elected as a single ticket directly by the people.
Head of state selection
Each ticket of candidates for President and Vice-President shall be proposed prior to the holding of general elections by political parties or coalitions of political parties which are participants in the general elections.
Head of state selection
Any ticket of candidates for President and Vice-President which polls a vote of more than fifty percent of the total number of votes during the general election and in addition polls at least twenty percent of the votes in more than half of the total number of provinces in Indonesia shall be declared elected as the President and Vice-President.
- In the event that there is no ticket of candidates for President and Vice-President elected, the two tickets which have received the first and second highest total of votes in the general election shall be submitted directly to election by the people, and the ticket which receives the highest total of votes shall be sworn in as the President and Vice-President.
- The procedure for the holding of the election of the President and Vice-President shall be further regulated by law.
Head of state term limits, Head of state term length
The President and Vice President shall hold office for a term of five years and may subsequently be reelected to the same office for one further term only.
Head of state removal
The President and/or the Vice-President may be dismissed from his/her position during his/her term of office by the MPR on the proposal of the House of Representatives (Dewan Perwakilan Rakyat or DPR), both if it is proven that he/she has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that the President and/or Vice-President no longer meets the qualifications to serve as President and/or Vice-President.
Head of state removal
- Any proposal for the dismissal of the President and/or the Vice-President may be submitted by the DPR to the MPR only by first submitting a request to the Constitutional Court to investigate, bring to trial, and issue a decision on the opinion of the DPR either that the President and/or Vice-President has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that the President and/or Vice-President no longer meets the qualifications to serve as President and/or Vice-President.
- The opinion of the DPR that the President and/or Vice-President has violated the law or no longer meets the qualifications to serve as President and/or Vice-President is undertaken in the course of implementation of the supervision function of the DPR.
- The submission of the request of the DPR to the Constitutional Court shall only be made with the support of at least 2/3 of the total members of the DPR who are present in a plenary session that is attended by at least 2/3 of the total membership of the DPR.
- The Constitutional Court has the obligation to investigate, bring to trial, and reach the most just decision on the opinion of the DPR at the latest ninety days after the request of the DPR was received by the Constitutional Court.
- If the Constitutional Court decides that the President and/or Vice-President is proved to have violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude; and/or the President and/or Vice-President is proved no longer to meet the qualifications to serve as President and/or Vice-President, the DPR shall hold a plenary session to submit the proposal to impeach the President and/or Vice-President to the MPR.
- The MPR shall hold a session to decide on the proposal of the DPR at the latest thirty days after its receipt of the proposal.
- The decision of the MPR over the proposal to impeach the President and/or Vice-President shall be taken during a plenary session of the MPR which is attended by at least 3/4 of the total membership and shall require the approval of at least 2/3 of the total of members who are present, after the President and/or Vice-President have been given the opportunity to present his/her explanation to the plenary session of the MPR.
The President may not freeze and/or dissolve the DPR.
Head of state replacement
In the event that the President dies, resigns, is impeached, or is not capable of implementing his/her obligations during his/her term, he/she will be replaced by the Vice-President until the end of his/her term.
- In the event that the position of Vice-President is vacant, the MPR should hold a session within sixty days at the latest to elect a Vice-President from two candidates nominated by the President.
- In the event that the President and the Vice President die, resign, are impeached, or are permanently incapable of performing their tasks and duties within their term of office simultaneously, the tasks and duties of the presidency shall be undertaken by a joint administration of the Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of Defence. At the latest thirty days after that, the MPR shall hold a session to elect a new President and Vice President from the tickets nominated by the political parties or coalitions of political parties whose tickets won first and second place in the last presidential election, who will serve for the remainder of the term of office.
Oaths to abide by constitution, God or other deities
Prior to taking office, the President and Vice President shall swear an oath in accordance with their respective religions or shall make a solemn promise before the MPR or DPR. The oath or promise shall be as follows:
Presidential (Vice-Presidential) Oath:
"I swear before God that, to the best of my ability, I shall fulfil as justly as possible my duties as President (Vice-President) of the Republic of Indonesia, that I shall uphold faithfully the Constitution, conscientiously implement all statutes and regulations, and shall devote myself to the service of Country and Nation."
Presidential (Vice-Presidential) Promise:
"I solemnly promise that, to the best of my ability, I shall fulfil as justly as possible my duties as President (Vice-President) of the Republic of Indonesia, that I shall uphold faithfully the Constitution, conscientiously implement all statutes and regulations, and shall devote myself to the service of Country and Nation."
- In the event that the MPR or DPR is unable to convene a sitting, the President and Vice-President shall swear an oath in accordance with their respective religions or shall make a solemn promise before the leadership of the MPR witnessed by the leadership of the Supreme Court.
Designation of commander in chief
The President is the Supreme Commander of the Army, the Navy and the Air Force.
International law, Treaty ratification
Power to declare/approve war
The President with the approval of the DPR may declare war, make peace and conclude treaties with other countries.
- The President in making other international agreements that will produce an extensive and fundamental impact on the lives of the people which is linked to the state financial burden, and/or that will requires an amendment to or the enactment of a law, shall obtain the approval of the DPR.
- Further provisions regarding international agreements shall be regulated by law.
The President may declare a state of emergency. The conditions for such a declaration and the subsequent measures regarding a state of emergency shall be regulated by law.
Head of state powers
- The President shall appoint ambassadors and consuls.
- In the appointment of ambassadors, the President shall have regard to the opinion of the DPR.
- The President shall receive the accreditation of ambassadors of foreign nations and shall in so doing have regard to the opinion of the DPR.
Head of state powers
- The President may grant clemency and restoration of rights and shall in so doing have regard to the opinion of the Supreme Court.
Power to pardon
The President may grant amnesty and the dropping of charges and shall in so doing have regard to the opinion of the DPR.
Head of state powers
The President may grant titles, decorations and other honours as provided by law.
Advisory bodies to the head of state
The President shall establish an advisory council with the duty of giving advice and considered opinion to the President, which shall be further regulated by law.
Chapter VII. The People's Representative Council (Dewan Perwakilan Rakyat or DPR)
Structure of legislative chamber(s)
- Members of the DPR shall be elected through a general election.
- The structure of the DPR shall be regulated by law.
- The DPR shall convene in a session at least once a year.
Initiation of general legislation
Division of labor between chambers
The DPR shall hold the authority to establish laws.
Approval or veto of general legislation
Each bill shall be discussed by the DPR and the President to reach joint approval.
- If a bill fails to reach joint approval, that bill shall not be reintroduced within the same DPR term of sessions.
- The President signs a jointly approved bill to become a law.
Approval or veto of general legislation
If the President fails to sign a jointly approved bill within 30 days following such approval, that bill shall legally become a law and must be promulgated.
- The DPR shall hold legislative, budgeting and oversight functions.
Legislative oversight of the executive
In carrying out its functions, in addition to the rights regulated in other articles of this Constitution, the DPR shall hold the right of interpellation (interpelasi), the right of investigation (angket), and the right to declare an opinion.
- Other than the rights regulated in other articles of this Constitution, every DPR member shall hold the right to submit questions, the right to propose suggestions and opinions, and the right of immunity.
- Further provisions on the rights of the DPR and the rights of DPR members shall be regulated by law.
DPR members shall have the right to propose bills.
- Should exigencies compel, the President shall have the right to establish government regulations in lieu of laws.
- Such government regulations must obtain the approval of the DPR during its next session.
- Should there be no such approval, these government regulations shall be revoked.
Further provisions regarding the procedures to establish laws shall be regulated by law.
Removal of individual legislators
DPR members may be removed from office, according to conditions and procedures which shall be regulated by law.
Chapter VIIA. The Council of Representatives of the Regions (Dewan Perwakilan Daerah or DPD)
Structure of legislative chamber(s)
Second chamber selection
The members of the DPD shall be elected from every province through a general election.
- The total number of members of DPD in every province shall be the same, and the total membership of the DPD shall not exceed a third of the total membership of the DPR.
- The DPD shall hold a session at least once every year.
- The structure and composition of the DPD shall be regulated by law.
Division of labor between chambers, Initiation of general legislation, Second chamber reserved policy areas
The DPD may propose to the DPR Bills related to regional autonomy, the relationship of central and local government, formation, expansion and merger of regions, management of natural resources and other economic resources, and Bills related to the financial balance between the centre and the regions.
- The DPD shall participate in the discussion of Bills related to regional autonomy; the relationship of central and local government; formation, expansion, and merger of regions; management of natural resources and other economic resources, and financial balance between the centre and the regions; and shall provide consideration to the DPR over Bills on the State Budget and on Bills related to taxation, education, or religion.
- The DPD may oversee the implementation of laws concerning regional autonomy, the formation, expansion and merger of regions, the relationship of central and local government, management of natural resources and other economic resources, implementation of the State Budget, taxation, education, or religion and shall in addition submit the result of such oversight to the DPR in the form of materials for its further consideration.
- The members of the DPD may be removed from office under requirements and procedures that shall be regulated by law.
Chapter VIIIA. Supreme Audit Board (Badan Pemeriksa Keuangan or BPK)
- To investigate the management and accountability of state finances, there shall be a single Supreme Audit Board which shall be free and independent.
- The result of any investigation of state finances shall be submitted to the DPR, DPD or DPRD in line with their respective authority.
- Action following the result of any such investigation will be taken by representative institutions and/or bodies according to law.
- The members of the BPK shall be chosen by the DPR, which shall have regard to any considerations of the DPD, and will be formally appointed by the President.
- The leadership of the BPK shall be elected by and from the members.
- The BPK shall be based in the capital of the nation, and shall have representation in every province.
- Further provisions regarding the BPK shall be regulated by law.
The judicial power shall be independent and shall possess the power to organise the judicature in order to enforce law and justice.
Establishment of constitutional court, Establishment of military courts, Establishment of administrative courts, Establishment of religious courts, Structure of the courts
The judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court.
Structure of the courts
Other institutions whose functions have a relation with the judicial powers shall be regulated by law.
Structure of the courts
The Supreme Court shall have the authority to hear a trial at the highest (cassation) level, to review ordinances and regulations made under any law against such law, and shall possess other authorities as provided by law.
Eligibility for supreme court judges
Each justice of the Supreme Court must possess integrity and a personality that is not dishonourable, and shall be fair, professional, and possess legal experience.
Supreme court selection
Candidate justices of the Supreme Court shall be proposed by the Judicial Commission to the DPR for approval and shall subsequently be formally appointed to office by the President.
Supreme court selection
The Chair and Vice-Chair of the Supreme Court shall be elected by and from the justices of the Supreme Court.
Supreme court term limits
The structure, status, membership, and judicial procedure of the Supreme Court and its subsidiary bodies of judicature shall be regulated by law.
Establishment of judicial council
- There shall be an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges.
- The members of the Judicial Commission shall possess legal knowledge and experience and shall be persons of integrity with a personality that is not dishonourable.
- The members of the Judicial Commission shall be appointed and dismissed by the President with the approval of the DPR.
- The structure, composition and membership of the Judicial Commission shall be regulated by law.
Constitutional interpretation, Constitutional court powers
The Constitutional Court shall possess the authority to try a case at the first and final level and shall have the final power of decision in reviewing laws against the Constitution, determining disputes over the authorities of state institutions whose powers are given by this Constitution, deciding over the dissolution of a political party, and deciding disputes over the results of general elections.
Constitutional court powers
The Constitutional Court shall possess the authority to issue a decision over an opinion of the DPR concerning alleged violations by the President and /or Vice-President of this Constitution.
Constitutional court selection
The Constitutional Court shall be composed of nine persons who shall be constitutional justices and who shall be confirmed in office by the President, of whom three shall be nominated by the Supreme Court, three nominated by the DPR, and three nominated by the President.
- The Chair and Vice-Chair of the Constitutional Court are elected by and from the constitutional justices.
Eligibility for const court judges
Each constitutional justice must possess integrity and a personality that is not dishonourable, and shall be fair, shall be a statesperson who has a command of the Constitution and the public institutions, and shall not hold any position as a state official.
Constitutional court removal
The appointment and dismissal of constitutional justices, the judicial procedure, and other provisions concerning the Constitutional Court shall be regulated by law.
Supreme/ordinary court judge removal
The appointment and dismissal of judges shall be regulated by law.
Chapter X. Citizens and Residents
Requirements for birthright citizenship
Requirements for naturalization
Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalised as citizens in accordance with law.
- Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.
- Matters concerning citizens and residents shall be regulated by law.
General guarantee of equality
All citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions.
Right to reasonable standard of living, Right to work
Every citizen shall have the right to work and to earn a humane livelihood.
Duty to serve in the military
Each citizen shall have the right and duty to participate in the effort of defending the State.
Chapter XIII. Education
- Every citizen has the right to receive education.
Free education, Compulsory education
Every citizen has the obligation to undertake basic education, and the government has the obligation to fund this.
- The government shall manage and organise one system of national education, which shall increase the level of spiritual belief, devoutness and moral character in the context of developing the life of the nation and shall be regulated by law.
The state shall prioritise the budget for education to a minimum of 20% of the State Budget and of the Regional Budgets to fulfil the needs of implementation of national education.
Reference to science
The government shall advance science and technology with the highest respect for religious values and national unity for the advancement of civilisation and prosperity of humankind.
Protection of language use
Right to culture
The State shall advance the national culture of Indonesia among the civilisations of the world by assuring the freedom of society to preserve and to develop cultural values.
- The State shall respect and preserve local languages as national cultural treasures.
Chapter XIV. The National Economy and Social Welfare
Ownership of natural resources
- The economy shall be organized as a common endeavour based upon the principles of the family system.
- Sectors of production which are important for the country and affect the life of the people shall be under the powers of the State.
- The land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people.
- The organisation of the national economy shall be conducted on the basis of economic democracy upholding the principles of togetherness, efficiency with justice, continuity, environmental perspective, self-sufficiency, and keeping a balance in the progress and unity of the national economy.
- Further provisions relating to the implementation of this article shall be regulated by law.
State support for children
Impoverished persons and abandoned children shall be taken care of by the State.
The State shall develop a system of social security for all of the people and shall empower the inadequate and underprivileged in society in accordance with human dignity.
- The State shall have the obligation to provide sufficient medical and public service facilities.
- Further provisions in relation to the implementation of this Article shall be regulated by law.
Chapter XV. National Flag, Language, Coat of Arms and Anthem
The national flag of Indonesia shall be the Red and White (Sang Merah Putih).
Official or national languages
The national language shall be Indonesian (Bahasa Indonesia).
The national coat of arms shall be the Pancasila eagle (Garuda Pancasila) with the motto Unity in Diversity (Bhinneka Tunggal Ika).
The national anthem shall be Indonesia Raya.
Further provisions regarding the national flag, language, coat of arms and anthem shall be regulated by law.
Chapter XVI. Constitutional Amendments
Constitution amendment procedure
- A proposal to amend the Articles of this Constitution may be included in the agenda of an MPR session if it is submitted by at least 1/3 of the total MPR membership.
- Any proposal to amend the Articles of this Constitution shall be introduced in writing and must clearly state the articles to be amended and the reasons for the amendment.
- To amend the Articles of this Constitution, the session of the MPR requires at least 2/3 of the total membership of the MPR to be present.
- Any decision to amend the Articles of this Constitution shall be made with the agreement of at least fifty percent plus one member of the total membership of the MPR.
Provisions relating to the form of the unitary state of the Republic of Indonesia may not be amended.