INA

INDONESIA

Note

THE 1945 CONSTITUTION OF THE STATE OF THE REPUBLIC OF INDONESIA

(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 gateway of independence of 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.

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  shall be exercised an accordance with the Constitution. ***)

(3) The state of Indonesia shall be a state based on law.***)

Chapter II - The People's Consultative Assembly (Majelis Permusyawaratan Rakyat)

Article 2

(1)     The People’s Consultative Assembly shall consist of members of the House of Representatives and members of the Regional Representatives Council 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 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.***/****)

(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 candidate 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.***)

(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 decison in respect of the opinion of the House 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 scrutiny 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.***)

Article 7C

The President can not freeze and/or dissolve the House of Representatives.***)

Article 8

(1)     If the President passess away, resigns 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 Defence 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 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 of 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 well and as justly as possible, shall firmly adhere to the Constitution and shall implement all its law 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 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”.*)

(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 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.*)

(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  - The Supreme Advisory Council

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.*)
(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 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.**)

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 respects 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 Unitary State of the Republic of Indonesia, to be regulated in law.**)

Chapter VII  - The House of Representatives (Dewan Perwakilan Rakyat)

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.**)

Article 20

(1)     The House of Representatives shall have power to make law.*)

(2)     Every bill shall be discussed by the House of 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 scrutiny 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 regulations in lieu of law.

(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 regulations must be revoked.

Article 22A

Further provisions on the procedures to establish 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 Regional Representatives Council (Dewan Perwakilan Daerah)

Article 22C

(1)     Members of the Regional Representatives Council shall be elected from every province through general elections.***)

(2)     The total number of members of the Regional Representatives Council from each province shall be equal and the total number of members of the Regional Representatives Council shall not be more than one-third of the total number of members of the House of Representatives.***)

(3)     The Regional Representatives Council shall hold a session at least once in a year.***)

(4)     The composition and position of the Regional Representatives Council shall be regulated by law.***)

Article 22D

(1)     The Regional Representatives Council can propose to the House of Representatives bills related to regional autonomy, relationship between 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 Regional Representatives Council 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 Regional Representatives Council 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 result of such oversight to the House of Representatives for its consideration to be followed up.***)

(4)     Members of the Regional Representatives Council 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 Regional Representatives Council, 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.***)

(4)     Participants of general elections for electing members of the Regional Representatives Council shall be individuals.***)

(5)     General elections shall be organized by national, permanent and independent commission for general elections.***)

(6)     Further provisions on general elections shall be regulated by law.***)

Chapter VIII  - Finances

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 Representative by taking into account the considerations of the Regional Representatives Council. ***)

(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.****)

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 result of audit on state finances shall be submitted to the House of Representatives, the Regional Representatives Council and the Regional House of Representatives in accordance with their respective authorities.***)

(3)     The said audit results shall be followed up by representatives institutions and/or bodies in accordance with the law.***)

Article 23F

(1)     Members of the Audit Board shall be elected by the House of Representatives by taking into account the considerations of the Regional Representatives Council 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.***)

Chapter IX - Judicial Powers

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.***)

(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 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 appoinment 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 possess 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.***)

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 justice 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.**)

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.**)

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 thoughts and attitude in accordance with his/her conscience.**)

(3)     Every person shall have the right to the freedom to 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 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 benefit 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.**)

Article 28I

(1)     The rights 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 cultural 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 rights 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 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 Indonesian as the main force, 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 relationships 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 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 education 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 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 economic system as community enterprises is based on the principle of cooperation.

(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.****)

(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 services facilities.****)

(4)     Further provisions concerning the implementation of this article shall be regulated in law.****)

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.

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  - Amendments to the Constitution

Article 37

(1)     The proposal for the amendment to the articles of the Constitution can be included in the agenda of the People’s Consultatives Assembly 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.****)

Transitional Provisions

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.****)

Additional Provisions

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 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.****)