THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA
THE PREAMBLE TO THE CONSTITUTION
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;
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.
Subsequent thereto, to form a government of the state of Indonesia which shall protect all the people of Indonesia and all the land and its territorial integrity 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 civilized 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.
ARTICLES
CHAPTER I
FORM OF THE STATE AND SOVEREIGNTY
Article 1
1. The State of Indonesia shall be a unitary state in the form of a republic.
2. Sovereignty is in the hands of the people and is implemented according to this Constitution.***)
3. The State of Indonesia shall be a state based on the rule of law.***)
CHAPTER II
PEOPLE’S CONSULTATIVE ASSEMBLY
Article 2
(1) The People’s Consultative Assembly shall consist of the members of the House of Representatives and the members of the Regional Representative Council who have been elected through general elections, and shall be further regulated by law.****)
(2) The People’s Consultative Assembly shall convene a sitting at least once in every five years in the capital of the state.
(3) All decisions of the People’s Consultative Assembly shall be taken by a majority vote.
Article 3
(1) The People’s Consultative Assembly has the authority to amend and to enact the Constitution.***)
(2) The People’s Consultative Assembly shall inaugurate the President and/or the Vice President.***/****)
(3) The People’s Consultative Assembly may only remove the President and/or the Vice-President during his/her term of office in accordance with the Constitution.***/****)
CHAPTER III
EXECUTIVE POWER
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/her duties, the President shall be assisted by a Vice-President.
Article 5
(1) The President shall be entitled to submit bills to the House of Representatives.*)
(2) The President may issue Government regulations as required to implement laws.
Article 6
(1) 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 and shall be mentally and physically capable of performing the tasks and duties of President or Vice-President.***)
(2) The requirements to become President or VicePresident shall be further regulated by law.***)
Article 6A
(1) The President and the Vice-President shall be elected as a single ticket directly by the people.***)
(2) Each ticket of candidate for President and VicePresident shall be proposed prior to the holding of general election by political parties or coalitions of political parties which are participants of the general election.***)
(3) Any tickets of candidates for President and VicePresident which have reached a poll of more than fifty percent of the total number of votes during the general election and an additional poll 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 the Vice-President. ***)
(4) In the event that there is no ticket of candidate for President and the 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 the Vice-President. ****)
(5) The procedure for the holding of the election of the President and the Vice-President shall be further regulated by law.***)
Article 7
The President and the Vice President shall hold an office for a term of five years and may subsequently be reelected to the same office for one further term only.*)
Article 7A
The President and/or the Vice-President may be removed from his/her position during his/her term of office by the People’s Consultative Assembly on the proposal of the House of Representatives, whether it is proven that he/she has violated the law through an act of treason, corruption, bribery, or other serious criminal offences, or through moral turpitude, and/or that the he/ she no longer meets the qualifications to serve as President and/ or VicePresident.***)
Article 7B
(1) Any proposal for the removal of the President and/ or the Vice-President may be submitted by the House of Representatives to the People’s Consultative Assembly only by first submitting a request to the Constitutional Court to investigate, bring to trial, and issue a decision on the petition of the House of Representatives either that the President and/or the Vice-President has violated the law through an act of treason, corruption, bribery, or other serious criminal offences, or through moral turpitude, and/or that the President and/or the Vice-President no longer meets the qualifications to serve as President and/or VicePresident.***)
(2) The petition of the House of Representatives that the President and/or the 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 scrutinizing function of the House of Representatives.***)
(3) The submission of the request of the House of Representatives to the Constitutional Court shall only be made of the support of at least 2/3 of the total member of the House of Representatives who are present in a plenary session attended by at least 2/3 of its total member.***)
(4) The Constitutional Court has the obligation to investigate, bring to trial, and reach the most just decision on the petition of the House of Representatives at the latest 90 (ninety) days after the request of the House of Representatives has been received by the Constitutional Court.***)
(5) If the Constitutional Court decides that the President and/or the Vice-President is proved to have violated the law through an act of treason, corruption, bribery, or other serious criminal offences, or through moral turpitude; and/or the President and/or the VicePresident is proved no longer to meet the qualifications to serve as President and/or Vice-President, the House of Representatives shall hold a plenary session to submit the proposal to remove the President and/ or the Vice-President to the People’s Consultative Assembly.***)
(6) The People’s Consultative Assembly shall convene a sitting to decide on the proposal of the House of Representatives at the latest 30 (thirty) days after its receipt of the proposal.***)
(7) The decision of the People’s Consultative Assembly over the proposal to remove the President and/or the Vice-President shall be taken during a plenary session of the People’s Consultative Assembly attended by at least 3/4 of the total member and shall require the approval of at least 2/3 of the total of member who are present, after the President and/or the Vice-President have been given the opportunity to present his/her explanation to the plenary session of the People’s Consultative Assembly.***)
Article 7C
The President may not freeze and/or dissolve the House of Representatives.***)
Article 8
(1) In the event that the President pass away, resigns, is removed, or is not capable of performing his/her tasks and duties during his/her term of office, he/she will be replaced by the Vice-President until the end of his/her term of office.***)
(2) In the event that the position of the Vice-President is vacant, the People’s Consultative Assembly should hold a session within 60 (sixty) days at the latest to elect a Vice-President from two candidates nominated by the President.***)
(3) In the event that the President and the Vice President pass away, resign, are removed, or are not capable 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 People’s Consultative Assembly shall convene a sitting to elect a new President and a 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.****)
Article 9
(1) Prior to taking office, the President and the Vice President shall swear an oath in accordance with their respective religions or shall make a solemn promise before the People’s Consultative Assembly or the House of Representatives. 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.”*)
(2) In the event that the People’s Consultative Assembly or the House of Representatives is unable to convene a sitting, the President and the Vice-President shall swear an oath in accordance with their respective religions 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 is the Commander-in-chief of the Army, the Navy and the Air Force.
Article 11
(1) With the approval of the House of Representatives,, the President may declare war, make peace and conclude treaties with other countries.****)
(2) In making other international treaties which will produce an extensive and fundamental impact on the lives of the people which is linked to the state financial burden, and/or which will requires an amendment to or the enactment of an act, the President shall obtain the approval of the House of Representatives.***)
(3) Further provisions regarding international treaties shall be further regulated by law.***)
Article 12
The President may declare a state of emergency. The conditions for such declaration and the subsequent measures regarding a state of emergency shall be further regulated by law.
Article 13
(1) The President shall appoint ambassadors and consuls.
(2) In case of the appointment of ambassadors, the President shall have regard to the opinion of the House of Representatives.*)
(3) The President shall receive the accreditation of ambassadors of other nations and shall in so doing have regard to the opinion of the House of Representatives.*)
Article 14
(1) The President may grant clemency and restoration of rights and shall in so doing have regard to the opinion of the Supreme Court.*)
(2) The President may grant amnesty and the dropping of charges and shall in so doing have regard to the opinion of the House of Representatives.*)
Article 15
The President may grant titles, decorations and other honours as provided by law.*)
Article 16
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 IV
SUPREME ADVISORY COUNCIL Deleted.****)
CHAPTER V
STATE MINISTERS
Article 17
(1) The President shall be assisted by the State Ministers.
(2) State Ministers shall be appointed and removed by the President.*)
(3) Each State Minister shall be responsible for a particular area of Government activity.*)
(4) The formation, change, and dissolution of state ministries shall be further regulated by law.***)
CHAPTER VI
REGIONAL AUTHORITIES
Article 18
(1) The Unitary State of the Republic of Indonesia shall be divided into provinces and those provinces shall be divided into regencies (kabupaten) and municipalities (kota), each of which shall have regional authorities which shall be further regulated by law.**)
(2) The regional authorities of the provinces, regencies and municipalities shall administer and manage their own affairs according to the principles of regional autonomy and the duty of assistance (togas pembantuan).**)
(3) The authorities of the provinces, regencies and municipalities shall include for each a Regional House of Representatives whose members shall be elected through general election.**)
(4) Governors, Regents (bupati) and Mayors (walikota), respectively as head of regional government of the provinces, regencies and municipalities, shall be elected democratically.**)
(5) The regional authorities shall exercise wide-ranging autonomy, except in matters specified by law to be the affairs of the central government.**)
(6) The regional authorities shall have the authority to adopt regional regulations and other regulations to implement autonomy and the duty of assistance.**)
(7) The structure and administrative mechanisms of regional authorities shall be further regulated by law.**)
Article 18A
(1) The authority relations between the central government and the regional authorities of the provinces, regencies and municipalities, or between a province and its regencies and municipalities, shall be further regulated by law having regard to the particularities and diversity of each region.**)
(2) The relations between the central government and regional authorities in finances, public services, and the use of natural and other resources shall be regulated and administered with justice and equity according to law.**)
Article 18B
(1) The State shall recognise and respect units of regional authorities that are special and distinct, which shall be further regulated by law.**)
(2) The State shall recognise and respect their traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be further regulated by law.**)
CHAPTER VII HOUSE OF REPRESENTATIVES
Article 19
(1) Members of the House of Representatives shall be elected through general elections.**)
(2) The structure of the House of Representatives shall be further regulated by law.**)
(3) The House of Representatives shall convene a sitting at least once a year.**)
Article 20
(1) The House of Representatives shall hold the authority to establish laws.*)
(2) Each bill shall be discussed by the House of Representatives and the President to reach joint approval.*)
(3) If a bill fails to reach joint approval, the bill shall not be reintroduced within the same House of Representatives term of sessions.*)
(4) The President signs a jointly approved bill to become a law.*)
(5) If the President fails to sign a jointly approved bill within 30 days following such approval, the bill shall legally become a law and must be promulgated.**)
Article 20A
(1) The House of Representatives shall hold legislative, budgeting and scrutinizing functions.**)
(2) In carrying out its functions, in addition to the rights regulated in other articles of this Constitution, the House of Representatives shall hold the rights of interpellation (interpelasi), of investigation (angket), and to declare an opinion.**)
(3) Other than the rights regulated in other articles of this Constitution, each member of the House of Representatives shall hold the rights to submit questions, to propose suggestions and opinions, and the right of immunity.**)
(4) Further provisions concerning the rights of the House of Representatives and of its members shall be further regulated by law.**)
Article 21
Members of the House of Representatives shall be entitled to submit proposals for bills.*)
Article 22
(1) Should exigencies compel, the President shall have the right to establish government regulations in lieu of laws.
(2) Such government regulations must obtain the approval of the House of Representatives during its next session. (3) Should there be no such approval, these government regulations shall be revoked. Article 22A Further provisions regarding the procedures to establish laws shall be further regulated by law.**)
Article 22B
Members of the House of Representatives may be removed from office, according to conditions and procedures which shall be further regulated by law.**)
CHAPTER VIIA***)
REGIONAL REPRESENTATIVE COUNCIL
Article 22C
(1) The members of the Regional Representative Council shall be elected from every province through general elections.***)
(2) The total number of members of the Regional Representative Council in every province shall be the same, and the total member of the Regional Representative Council shall not exceed onethirds of the total member of the House of Representatives.***)
(3) The Regional Representative Council shall convene a sitting at least once every year.***)
(4) The structure and composition of the Regional Representative Council shall be further regulated by law.***)
Article 22D
(1) The Regional Representative Council may propose bills to the House of Representatives which are related to regional autonomy, the relationship of central and local governments, formation, expansion and merger of regions, management of natural resources and other economic resources, and which are related to the financial balance between the centre and the regions.***)
(2) The Regional Representative Council shall participate in the discussion of bills related to regional autonomy; the relationship of central and local governments; 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 House of Representatives over Bills on the State Budget and over Bills on taxation, education, or religion.***)
(3) The Regional Representative Council may oversee the implementation of laws concerning regional autonomy, the formation, expansion and merger of regions, the relationship of central and local governments, 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 House of Representatives in the form of materials for its further consideration.***) (4) The members of the Regional Representative Council may be removed from office under requirements and procedures that shall be further regulated by law.***)
CHAPTER VIIB***)
GENERAL ELECTIONS
Article 22E
(1) General elections shall be conducted in a general, free, secret, honest, fair and direct manner once every five years.***)
(2) General elections shall be conducted to elect the members of the House of Representatives, the Regional Representative Council, the President and the Vice President, and the Regional House of Representatives.***)
(3) The participants in the general election for the election of the members of the House of Representatives and of the Regional House of Representatives are political parties.***)
(4) The participants in the general election for the election of the members of the Regional Representative Council are individuals.***)
(5) The general elections shall be organised by a general election commission of a national, permanent, and independent character.***)
(6) Further provisions concerning general elections shall be further regulated by law.***)
CHAPTER VIII
FINANCE
Article 23
(1) The State Budget as the basis of the management of state funds shall be determined annually by law and shall be implemented in an open and accountable manner in order to best attain the prosperity of the people.***)
(2) The bill on the State Budget shall be submitted by the President for joint consideration with the House of Representatives, which consideration shall take into account the opinions of the Regional of Representative Council.***)
(3) In the event that the House of Representatives fails to approve the proposed bill on the State Budget submitted by the President, the Government shall implement the State Budget of the preceding year.***)
Article 23A
All taxes and other levies for the needs of the state of a compulsory nature shall be further regulated by law.***)
Article 23B
The forms and denomination of the national currency shall be further regulated by law.****) Article 23C Other matters concerning state finance shall be further regulated by law.***) Article 23D The state shall possess a central bank, whose structure, composition, authorities, responsibilities and independence shall be further regulated by law.****)
CHAPTER VIIIA***)
SUPREME AUDIT BOARD
Article 23E
(1) To examine the management and accountability of state finance, there shall be a single Supreme Audit Board which shall be free and independent.***)
(2) The result of any examination of state finance shall be submitted to the House of Representatives, the Regional Representative Council, and the Regional House of Representatives in line with their respective authority.***)
(3) Action following the result of any such examination will be taken by representative institutions and/or bodies according to law.***)
Article 23F
(1) The members of the Supreme Audit Board shall be chosen by the House of Representatives, which shall have regard to any considerations of the Regional Representative Council, and will be formally appointed by the President.***)
(2) The leadership of the Supreme Audit Board shall be elected by and from the members.***)
Article 23G
(1) The Supreme Audit Board shall be based in the capital city of the state, and shall have representation in every province.***)
(2) Further provisions concerning the Supreme Audit Board shall be further regulated by law.***)
CHAPTER IX
JUDICIAL POWER
Article 24
(1) The judicial power shall be independent and shall possess the power to organise the judicature in order to enforce law and justice.***)
(2) 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.***)
(3) Other institutions whose functions have a relation with the judicial powers shall be further regulated by law.****)
Article 24A
(1) The Supreme Court shall have the authority to hear a trial at the highest level of cassation, to review ordinances and regulations made under any acts, and shall possess other authorities as provided by law.***)
(2) Each justice of the Supreme Court must possess integrity and an honourable personality, and shall be fair, professional, and possess legal experience.***)
(3) Candidate justices of the Supreme Court shall be proposed by the Judicial Commission to the House of Representatives for approval and shall subsequently be formally appointed to office by the President.***)
(4) The chief and deputy chief of the Supreme Court shall be elected by and from the justices of the Supreme Court.***)
(5) The structure, status, membership, and judicial procedure of the Supreme Court and its subsidiary bodies of judicature shall be further regulated by law.***)
Article 24B
(1) 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.***)
(2) The members of the Judicial Commission shall possess legal knowledge and experience and shall be persons of integrity with an honourable personality.***)
(3) The members of the Judicial Commission shall be appointed and removed by the President with the approval of the House of Representatives.***)
(4) The structure, composition and membership of the Judicial Commission shall be further regulated by law.***)
Article 24C (1)
The Constitutional Court shall possess the authority to try a case at final and binding 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 over disputes on the results of a general election.***)
(2) The Constitutional Court shall possess the authority to issue a decision over a petition concerning alleged violations by the President and/or the Vice-President as provided by the Constitution.***)
(3) The Constitutional Court shall be composed of 9 (nine) persons who shall be constitutional justices and who shall be confirmed in office by the President, of whom 3 (three) shall be nominated by the Supreme Court, 3 (three) nominated by the House of Representatives, and 3 (three) nominated by the President.***)
(4) The chief and deputy chief of the Constitutional Court shall be elected by and from the constitutional justices.***)
(5) Each constitutional justice must possess integrity and an honourable personality, shall be fair and be a statesman who has a command of the Constitution and the public institutions, and shall not hold any position as a state official.***)
(6) The appointment and removal of constitutional justices, the judicial procedure, and other provisions concerning the Constitutional Court shall be further regulated by law.***)
Article 25
The appointment and removal of justices shall be further regulated by law.
CHAPTER IXA**)
STATE TERRITORY
Article 25A****)
The Unitary State of the Republic of Indonesia is an archipelago state, the boundaries and rights of whose territory shall be further established by law.**)
CHAPTER X
CITIZENS AND RESIDENTS**)
Article 26
(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalised as citizens in accordance with law.
(2) Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.**)
(3) Matters concerning citizens and residents shall be further regulated by law.**)
Article 27
(1) 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.
(2) Every citizen shall have the rights to work and to earn a humane livelihood.
(3) Each citizen shall have the right and duty to participate in the effort of defending the state.**)
Article 28 The freedom to associate and to assemble, to express verbal and written opinions, etc. shall be further regulated by law.**)
CHAPTER XA**)
HUMAN RIGHTS
Article 28A
Every person shall have the right to live and to defend his/ her life and existence. **)
Article 28B
(1) Every person shall have the rights to establish a family and to procreate based upon lawful marriage.**)
(2) Every child shall have the rights to live, to grow and to develop, and as well as of protection from violence and discrimination.**)
Article 28C
(1) Every person shall have the right to develop him/ herself through the fulfilment of his/her basic needs, the right to get education and to benefit from science and technology, arts and culture, for the purpose of improving the quality of his/her life and for the welfare of the human race.**)
(2) Every person shall have the right to improve him/ herself through collective struggle for his/her rights to develop his/ her society, nation and state.**)
Article 28D
(1) Every person shall have the rights of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law.**)
(2) Every person shall have the rights to work and to receive fair and proper recompense and treatment in employment.**)
(3) Every citizen shall have the right to obtain equal opportunities in government.**)
(4) Every person shall have the right to citizenship status.**)
Article 28E
(1) Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.**)
(2) Every person shall have the right of the freedom to believe his/her faith (kepercayaan), and to express his/her views and thoughts, in accordance with his/ her conscience.**)
(3) Every person shall have the right of the freedom to associate, to assemble and to express opinions.**)
Article 28F
Every person shall have the rights to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the rights to seek, obtain, possess, store, process and convey information by employing all available types of channels.**)
Article 28G
(1) Every person shall have the right to protection of his/ herself, family, honour, dignity, and property, and shall have the right to feel secure against and receive protection from the threat of fear to do or not do something that is a human right.**)
(2) Every person shall have the right to be free from torture or inhumane and degrading treatment, and shall have the right to obtain political asylum from another country.**)
Article 28H
(1) Every person shall have the rights to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment, and shall have the right to obtain medical care.**)
(2) Every person shall have the right to receive facilitation and special treatment to have the same opportunity and benefit in order to achieve equality and fairness.**)
(3) Every person shall have the right to social security in order to develop oneself fully as a dignified human being.**)
(4) Every person shall have the right to own personal property, and such property may not be unjustly held possession of by any party.**)
Article 28I
(1) The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances.**)
(2) Every person shall have the right to be free from discriminative treatment based upon any grounds whatsoever and shall have the right to protection from such discriminative treatment.**)
(3) The cultural identities and right of traditional communities shall be respected in accordance with the development of times and civilisations.**)
(4) The protection, advancement, upholding and fulfilment of human rights are the responsibility of the state, especially the government**)
(5) For the purpose of upholding and protecting human rights in accordance with the principle of a democratic and law-based state, the implementation of human rights shall be further guaranteed, regulated and set forth in laws and regulations.**)
Article 28J
(1) Every person shall have the duty to respect the human rights of others in the orderly life of the community, nation and state.**)
(2) In exercising his/her rights and freedoms, every person shall have the duty to accept the restrictions established by law for the sole purposes of guaranteeing the recognition and respect of the rights and freedoms of others and of satisfying just demands based upon 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 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.
CHAPTER XII
STATE DEFENCE AND SECURITY**)
Article 30
(1) Every citizen shall have the right and duty to participate in the defence and security of the state.**)
(2) The defence and security of the state shall be conducted through the total people’s defence and security system, with the Indonesian National Military and the Indonesian National Police as the main force, and the people as the supporting force.**)
(3) Indonesian National Military, consisting of the Army, Navy and Air Force, as an instrument of the state has the duty to defend, protect, and maintain the integrity and sovereignty of the state.**)
(4) Indonesian National Police, as an instrument of the state that maintains public order and security, has the duty to protect, guard, and serve the people, and to uphold the law.**)
(5) The structure and status of Indonesian National Military and Indonesian National Police, the authority relationships between Indonesian National Military and Indonesian National Police in performing their respective duties, the conditions concerning the participation of citizens in the defence and security of the state, and other matters related to defence and security, shall be further regulated by law.**)
CHAPTER XIII
EDUCATION****)
Article 31
(1) Every citizen has the right to receive education.****)
(2) Every citizen has the obligation to undertake basic education, and the government has the obligation to fund this.****)
(3) The government shall manage and organise one system of national education, which shall raise 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.****)
(4) 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.****)
(5) 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.****)
Article 32
(1) 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. ****)
(2) The state shall respect and preserve local languages as national cultural treasures.****)
CHAPTER XIV
THE NATIONAL ECONOMY AND SOCIAL WELFARE**)
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 under the powers of the State.
(3) 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.
(4) 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.****)
(5) Further provisions relating to the implementation of this article shall be further regulated by law.****)
Article 34
(1) Impoverished persons and abandoned children shall be taken care of by the State.****)
(2) 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.****)
(3) The state shall have the obligation to provide sufficient medical and public service facilities.****)
(4) Further provisions in relation to the implementation of this Article shall be further regulated by law.****)
CHAPTER XV
NATIONAL FLAG, LANGUAGE, COAT OF ARMS AND ANTHEM
Article 35
The national flag of Indonesia shall be the Red and White (Sang Merah Putih).
Article 36
The national language shall be Indonesian (Bahasa Indonesia).
Article 36A
The national coat of arms shall be the Pancasila eagle (Garuda Pancasila) with the motto Unity in Diversity (Bhinneka Tunggal Ika).**)
Article 36B
The national anthem shall be Indonesia Raya.**)
Article 36C
Further provisions regarding the national flag, language, coat of arms and anthem shall be further regulated by law.**)
CHAPTER XVI CONSTITUTIONAL AMENDMENTS
Article 37
(1) A proposal to amend the Articles of this Constitution may be included in the agenda of a session of the People’s Consultative Assembly if it is submitted by at least 1/3 of its total member.****)
(2) 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.****)
(3) To amend the Articles of this Constitution, the session of the People’s Consultative Assembly requires at least 2/3 of its total member to be present.****)
(4) Any decision to amend the Articles of this Constitution shall be made with the agreement of at least fifty per cent plus one member of the total member of the People’s Consultative Assembly.****)
(5) Provisions relating to the form of the unitary state of the Republic of Indonesia may not be amended.****)
TRANSITIONAL PROVISIONS
Clause I
All existing state institutions shall remain in place in order to implement the provisions of this Constitution as long as new state institutions are not yet established in conformity with this Constitution. ****)
Clause II
All existing laws and regulations shall remain in effect as long as new laws and regulations have not yet taken effect under this Constitution.****)
Clause III
The Constitutional Court shall be established at the latest by 17 August 2003, and the Supreme Court shall undertake its functions before it is established.****)
ADDITIONAL PROVISIONS
Clause I
The People’s Consultative Assembly is tasked to undertake a review of the content and the legal status of the Decrees of the Provisional People’s Consultative Assembly and the People’s Consultative Assembly for decision by the People’s Consultative Assembly at its session in 2003.****)
Clause II
With the enactment of this Amendment to the Constitution, the Constitution of the State of the Republic of Indonesia shall consist of the Preamble and the Articles.****) -
*) : First Amendment
**) : Second Amendment
***) : Third Amendment
****) : Fourth Amendment
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