ChanRobles Virtual law Library
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Constitutional Law Whereas freedom is the inalienable
right of all nations, colonialism must be abolished in this world as it
is not in conformity with humanity and justice; By the grace of God Almighty and impelled by the noble desire to live a free national life, the people of Indonesia hereby declare their independence. Subsequent thereto, to form
a government of the state of Indonesia which shall protect all the
people
of Indonesia and their entire native land, and in order to improve the
public welfare, to advance the intellectual life of the people and to
contribute
to the establishment of a world order based on freedom, abiding peace
and
social justice, the national independence of Indonesia shall be
formulated
into a constitution of the sovereign Republic of Indonesia which is
based
on the belief in the One and Only God, just and humanity, the unity of
Indonesia, democracy guided by the inner wisdom of deliberations
amongst
representatives and the realization of social justice for all of the
people
of Indonesia. Article 1 1) The State of Indonesia shall be a unitary state which has the form of a republic. 2) Sovereignty shall be vested in the people and shall be exercised in full by the. Article 2 1. The Majelis Permusyawaratan Rakyat shall consist of the members of the Dewan Perwakilan Rakyat augmented by the delegates from the regional territories and groups as provided for by statutory regulations. 2. The Majelis Permusyawaratan Rakyat shall meet at least once in every five years in the capital of the state. 3. All decisions of the Majelis Permusyawaratan Rakyat shall be taken by a majority vote. Article 3 The Majelis Permusyawaratan Rakyat shall determine the constitution and the guide lines of the policy of State. Article 4 1. The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution. 2. In exercising his duties, the President shall be assisted by a Vice-President. Article 5 1. The President shall hold the power to make statutes in agreement with the Dewan Perwakilan Rakyat. 2. The President shall determine the government regulations to expedite the enforcement of laws. Article 6 1. The President shall be a native Indonesian citizen. 2. The President and the Vice-President shall be elected by the Majelis Permusyawaratan Rakyat by a majority vote. Article 7 The President and the Vice-President shall hold office for a term of five years and shall be eligible for re-election. Article 8 Should the President die, resign or be unable to perform his duties during his term of office, he shall be succeeded by the Vice-President until the expiry of his term of office. Article 9 Before assuming office, the President and the Vice-President shall take the oath of office according to their religions, or solemnly promise before the Majelis Permusyawaratan Rakyat or the Dewan Perwakilan Rakyat as follows:chanroblesvirtuallawlibrary The President's/Vice-President's Oath "In the name of God Almighty, I swear that I will perform the duties of the President (Vice-President) of the Republic of Indonesia to the best of my ability and as justly as possible, and that I will strictly observe the Constitution and consistently implement the law and regulations in the service of the country and the people." The President's/Vice-President's Promise "I solemnly promise that I will perform the duties of the President (Vice-President) of the Republic of Indonesia to the best of my ability and as justly as possible, and that I will strictly observe the constitution and consistently implement the law and regulations in the service of the country and the people." Article 10 The President is the
Supreme Commander of the Army, the Navy and the Air Force. In agreement with the Dewan Perwakilan Rakyat, the President declares war, makes peace and concludes treaties with other states. Article 12 The President declares the state of emergency. The conditions for such a declaration and the measures to deal with the emergency shall be governed by law. Article 13 1. The President appoints ambassadors and consuls. 2. The President receives the credentials of foreign ambassadors. Article 14 The President grants mercy, amnesty, pardon and restoration of rights. Article 15 The President grants titles, decorations and other distinctions of honour.
Article 16 1. The composition of the Supreme Advisory Council shall be determined by law. 2. The Council has the duty to reply to questions raised by the President and has the right to submit recommendations to the government.
Article 17 1. The President shall be assisted by the Ministers of State. 2. These Ministers shall be appointed and dismissed by the President. 3. These Ministers shall head the government departments. Article 18 The division of the territory of Indonesia into large and small regions shall be prescribed by law in consideration of and with due regard to the principles of deliberation in the government system and the hereditary rights of special territories.
Article 19 1. The composition of the Dewan Perwakilan Rakyat shall be prescribed by law. 2. The Dewan Perwakilan Rakyat shall meet at least once a year. Article 20 1. Every law shall require the approval of the Dewan Perwakilan Rakyat. 2. Should a bill not obtain the approval of the Dewan Perwakilan Rakyat, the bill shall not be resubmitted during the same session of the Dewan Perwakilan Rakyat. Article 21 1. Members of the Dewan Perwakilan Rakyat have the right to submit a bill. 2. Should such a bill not obtain the sanction of the President notwithstanding the approval of the Dewan Perwakilan Rakyat, the bill shall not be resubmitted during the same session of the Dewan. Article 22 1. In the event of a compelling emergency, the President has the right to issue government regulations in lieu of laws. 2. Such regulations shall have the consent of the Dewan Perwakilan Rakyat during its subsequent session. 3. Where the approval
of the Dewan is not obtained, the government regulations shall be
revoked. Article 23 1. The annual state budget shall be sanctioned by law. In the event that the Dewan Perwakilan Rakyat does not approve a draft budget, the government shall adopt the budget of the preceding year. 2. All government taxes shall be determined by law. 3. The forms and denominations of the currency shall be determined by law. 4. Other financial matters shall be regulated by law. 5. In order to examine
the accountability of the state finances, a State Audit Board shall be
established by statutory regulation. The findings of the Board shall be
reported to the Dewan Perwakilan Rakyat. Article 24 1. The judiciary power shall be exercised by a Supreme Court and such other courts of law as are provided for by law. 2. The composition and powers of these legal bodies shall be regulated by law. Article 25 The appointment and dismissal
of judges shall be regulated by law. Article 26 1. Citizens are native Indonesian persons or persons of other nations who have acquired a legal status as citizens. 2. Conditions to acquire and other matters on citizenship shall be determined by law. Article 27 1. All citizens have equal status before the law and in government and shall abide by the law and the government without any exception. 2. Every citizen has the right to work and to live in human dignity. Article 28 Freedom of association
and assembly, of verbal and written expression and the like, shall be
prescribed
by law. Article 29 1. The State shall be based upon the belief in the One and Only God. 2. The State guarantees
all persons the freedom of worship, each according to his/her own
religion
or belief. Article 30 1. Every citizen has the right and duty to participate in the defence of the country. 2. The rules governing
defence shall be regulated by law. Article 31 1. Every citizen has the right to education. 2. The government shall establish and conduct a national educational system which shall be regulated by law. Article 32 The government shall
advance the national culture. Article 33 1. The economy shall be organized as a common endeavour based upon the principles of the family system. 2. Sectors of production which are important for the country and affect the life of the people shall be controlled by the state. 3. The land, the waters and the natural riches contained therein shall be controlled by the State and exploited to the greatest benefit of the people. Article 34 The poor and destitute
children shall be cared for by the State. Article 35 The national flag of Indonesia shall be the red-and-white. Article 36 The national language
of Indonesia shall be the Bahasa Indonesia or the Indonesian language. Article 37 1. In order to amend the Constitution, not less than two thirds of the total number of members of the Majelis Permusyawaratan Rakyat shall be in attendance. 2. Decisions shall
be taken with the approval of not less than two thirds of the number of
members in attendance. The Preparatory Committee for Indonesia's Independence shall arrange and conduct the transfer of administration to the government of Indonesia. All existing state institutions continue to function and regulations remain valid as long as no new ones are established in conformity with this Constitution. For the first time, the President and the Vice-President shall be elected by the Preparatory Committee for Indonesia's Independence. Prior to the formation
of the Majelis Permusyawaratan Rakyat, the Dewan Perwakilan Rakyat and
the Supreme Advisory Council in accordance with this Constitution, all
their powers shall be exercised by the President assisted by a national
committee. 1. Within six months after the end of the Great East Asia War, the President of Indonesia shall take preparatory steps and execute all the provisions of this Constitution. 2. Within six months after its formation, the Majelis Permusyawaratan Rakyat shall convene a session to decree the constitution.chanrobles virtualawlibrary |
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