1945
CONSTITUTION
OF
THE REPUBLIC OF INDONESIA
WITH
THE MERCY OF THE ONE AND ONLY GOD
THE
MPR
After thoroughly and seriously studying, analysing and considering the basic matters confronted by the people, nation, and state, and additionally by using its authority based on Article 37 of the 1945 Constitution of the Republic of Indonesia, the MPR amends and/or adds Article 1 Paragraph (2) and (3); Article 3 Paragraph (1), (3), and (4); Article 6 Paragraph (1) and (2); Article 6A Paragraph (1), (2), (3), and (5); Article 7A; Article 7B Paragraph (1), (2), (3), (4), (5), (6), and (7); Article 7C; Article 8 Paragraph (1) and (2); Article 11 Paragraph (2) and (3); Article 17 Paragraph (4); Chapter VIIA, Article 22C Paragraph (1), (2), (3), and (4); Article 22D Paragraph (1), (2), (3), and (4); Chapter VIIB, Article 22E Paragraph (1), (2), (3), (4), (5), and (6); Article 23 Paragraph (1), (2), and (3); Article 23A; Article 23C; Chapter VIIIA, Article 23E Paragraph (1), (2), and (3); Article 23F Paragraph (1) and (2); Article 23G Paragraph (1) and (2); Article 24 Paragraph (1) and (2); Article 24A Paragraph (1), (2), (3), (4), and (5); Article 24B Paragraph (1), (2), (3), and (4); Article 24C Paragraph (1), (2), (3), (4), (5), and (6) of the 1945 Constitution of the Republic of Indonesia.The revised articles shall read as follows :
(2)Sovereignty
is in the hands of the people and is implemented according to this
Constitution.
(3)The State of Indonesia is a state based on
law.
Article
3
(1)The
People's Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR)
has the authority to amend and enact the Constitution.
(3)The
MPR will inaugurate the President and/or Vice President.
(4)The
MPR may only dismiss the President and/or Vice-President during his/her term of
office according to the Constitution.
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 betrayed the country, and shall be mentally and physically capable of
implementing the duties and obligations of President or
Vice-President.
(2)The
requirements to become President or Vice-President are further regulated by
law.
Article
6A
(1)The
President and Vice-President are elected as a single ticket directly by the
people.
(2)Each
ticket of candidates for President and Vice-President shall be proposed prior to
the holding of the general election by political parties or combination of
political parties which are participants of the general
election.
(3)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.
(5)The procedure for the holding of the election of the President and Vice-President is further regulated by law.
Article
7A
The President and/or the Vice-President may be dismissed from his/her position 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 in the form of betraying the state, corruption, bribery, other criminal acts, or disgraceful behaviors or if it is proven that he/she no longer meets the requirements as President and/or Vice-President.
Article
7B
(1)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.
(2)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.
(3)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.
(4)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.
(5)If
the Constitutional Court decides that the President and/or Vice-President is
proved to have violated the law in the form of an act of treason, corruption,
bribery, or other act of a grave criminal nature, or 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.
(6)The
MPR shall conduct a session to decide on the proposal of the DPR at the latest
thirty days after its receipt of the proposal.
(7)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.
Article
7C
The
President may not freeze and/or dissolve the DPR.
Article
8
(1)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.
(2)In
the event that the position of Vice-President is vacant, the MPR should hold a
session within sixty days at the latest to select a Vice-President from two
candidates nominated by the President.
Article
11
(2)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.
(3)Further
provisions concerning international agreements are regulated by
law.
Article
17
(4)The
formation, change, and dissolution of state ministries shall be regulated by
law.
Chapter
VIIA
HOUSE
OF REPRESENTATIVES OF THE REGIONS
(Dewan
Perwakilan Daerah or
DPD)
Article
22C
(1)The
members of the DPD shall be elected from every province through a general
election.
(2)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.
(3)The
DPD shall hold a session at least once every year.
(4)The
structure and composition of the DPD shall be regulated by
law.
Article
22D
(1)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.
(2)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 Bills related to
taxation, education, or religion.
(3)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
material for its further consideration.
(4)The
members of the DPD may be removed from office under requirements and procedures
that shall be regulated by law.
CHAPTER
VIIB
GENERAL
ELECTIONS
Article
22E
(1)General
elections shall be conducted in a direct, general, free, secret, honest, and
fair manner once every five years.
(2)General
elections shall be conducted to elect the members of theDPR, DPD, the President
and Vice-President, and the Regional House of Representatives (Dewan
Perwakilan Rakyat Daerah or DPRD).
(3)The
participants in the general election for the election of the members of the DPR
and the members of the DPRDs are political parties.
(4)The
participants in the general election for the election of the members of the DPD
are individuals.
(5)The
general election shall be organised by a general election commission of a
national, permanent, and independent character.
(6)Further
provisions concerning the general election is regulated by
law.
Article
23
(1)The
State Budget as the basis of the management of state funds is 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 DPR, which consideration shall take into account the
opinions of the DPD.
(3)In
the event that the DPR 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 regulated by law.
Article
23C
Other
matters concerning state finances shall be regulated by law.
CHAPTER
VIIIA
SUPREME
AUDIT BOARD
(Badan
Pemeriksa Keuangan or BPK)
Article
23E
(1)To
investigate the management and accountability of state finances, there shall be
a single Supreme Auditing Body which shall be free and
independent.
(2)The
result of any investigation of state finances shall be submitted to the DPR, DPD
or DPRD in line with their respective authority.
(3)Action
following the result of any such investigation will be taken by representative
institutions and/or bodies according to law.
Article
23F
(1)The
members of the BPK will be chosen by the DPR, which shall have regard to any
considerations of the DPD, and will be formally appointed by the
President.
(2)The
leadership of the BPK will be elected by and from the members.
Article
23G
(1)The
BPK is based in the capital of the nation, and shall be represented in every
province.
(2)Further
provisions concerning the BPK shall be regulated by law.
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 courts, military
tribunals, and administrative courts, and by a Constitutional
Court.
Article
24A
(1)The
Supreme Court has 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.
(2)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.
(3)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.
(4)The
Chair and Vice-Chair 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 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 a personality that is not
dishonourable.
(3)The
members of the Judicial Commission shall be appointed and dismissed by the
President with the approval of the DPR.
(4)The
structure, composition and membership of the Judicial Commission shall be
regulated by law.
Article
24C
(1)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 over disputes on the result of a
general election.
(2)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.
(3)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.
(4)The
Chair and Vice-Chair of the Constitutional Court are elected by and from the
constitutional justices.
(5)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.
(6)The
appointment and dismissal of constitutional justices, the judicial procedure,
and other provisions concerning the Constitutional Court shall be regulated by
law.
The text of this amendment is part of and
shall not be separated from the text of the 1945 Constitution of the Republic of
Indonesia.
This
amendment was agreed in the 7th Plenary Session of the MPR
(2nd continuation) on 9 November 2001 during the Annual Session of
the MPR, and will take effect on the date of its enactment.
Enacted
in Jakarta
on
9 November 2001