UNOFFICIAL ENGLISH TRANSLATION
THE 1945 CONSTITUTION OF
THE STATE OF THE REPUBLIC OF INDONESIA
AND
LAW OF THE REPUBLIC OF INDONESIA NUMBER 24 YEAR 2003
CONCERNING THE CONSTITUTIONAL COURT AS AMENDED BY LAW NUMBER 8 YEAR 2011
CONCERNING AMENDMENT TO LAW NUMBER 24 YEAR 2003 CONCERNING THE CONSTITUTIONAL COURT
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.
And now Indonesia’s independence struggle movement has reached a joyful moment, leading the people of Indonesia safe and sound to the gateway of independence of the Indonesian State, which is free, united, sovereign, just and prosperous.
With the blessing of God The Almighty and driven by the noble desire to live as a free nation, 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
THE CONSTITUTION
CHAPTER I
FORM AND SOVEREIGNTY
Article 1
(1) The State of Indonesia is a Unitary State, having the form of Republic.
(2) Sovereignty is in the hands of the people and it shall be exercised in accordance with the Constitution.***)
(3) The state of Indonesia is a state based on law. ***)
CHAPTER II
MAJELIS PERMUSYAWARATAN RAKYAT (THE PEOPLE’S CONSULTATIVE ASSEMBLY)
Article 2
(1) MajelisPermusyawaratan Rakyat shall consist of members of DewanPerwakilan Rakyat (House of Representatives) and members of DewanPerwakilan Daerah (Regional House of Representatives) elected through general elections and to be further regulated by law. ****)
(2) MajelisPermusyawaratan Rakyat shall convene at least once in every five years in the state’s capital city.
(3) All decisions of MajelisPermusyawaratan Rakyat shall be stipulated by a majority of votes.
Article 3
(1) MajelisPermusyawaratan Rakyat shall have the authority to amend and stipulate the Constitution.***)
(2) MajelisPermusyawaratan Rakyat shall inaugurate the President and/or the Vice President.***/****)
(3) MajelisPermusyawaratan Rakyat may 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 STATE GOVERNANCE
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 DewanPerwakilan Rakyat. *)
(2) The President shall stipulate government regulations to implement laws as appropriate.
Article 6
(1) Presidential and Vice Presidential candidates 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 Presidential and Vice Presidential candidates shall be proposed by a political party or a coalition of political parties participating in the general elections prior to the implementation of the general elections. ***)
(3) The pair of Presidential and Vice Presidential candidates 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) In the event that no President and Vice President candidate pair is elected, two candidate pairs who have 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 by the people 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 respectively, and shall thereafter be eligible to re-election to the same office, only for one term of office. *)
Article 7A
The President and/or the Vice President may be dismissed during his/her term of office by MajelisPermusyawaratan Rakyat upon the proposal of DewanPerwakilan Rakyat, either if it is proven that he/she has committed a violation of the law in the form of treason, corruption, bribery, other serious criminal offense, or disgraceful conduct, or if it is proven that he/she no longer meets the requirements as President and/or Vice President. ***)
Article 7B
(1) The proposal to dismiss the President and/or Vice President may only be submitted by DewanPerwakilan Rakyat to MajelisPermusyawaratan Rakyat after filing prior request to the Constitutional Court to examine, hear and issue a decision in respect of the opinion of DewanPerwakilan Rakyat that the President and/or Vice President has committed a violation of the
law in the form of treason, corruption, bribery, other serious criminal offense, or disgraceful conduct; and/or is of 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 DewanPerwakilan Rakyat that the President and/or Vice President has committed a violation of the law as mentioned above or that he/she no longer meets the requirements as the President and/or Vice President shall be given in the context of implementing the oversight function of DewanPerwakilan Rakyat .
***)
(3) The request of DewanPerwakilan Rakyat to the Constitutional Court may only be filed with the support of not less than 2/3 of the total members of DewanPerwakilan Rakyat who are present in the plenary session attended by not less than 2/3 of the total members of DewanPerwakilanRakyat . ***)
(4) The Constitutional Court shall be required to examine, hear and issue a decision as justly as possible concerning the aforementioned opinion of DewanPerwakilan Rakyat by no later than ninety days after the Constitutional Court receives the request of DewanPerwakilan Rakyat. ***)
(5) If the Constitutional Court decides that the President and/or Vice President has been proven of having committed a violation of the law in the form of treason, corruption, bribery, other serious criminal offense, or disgraceful conduct; and/or has been proven of no longer meeting the requirements as the President and/or Vice President, DewanPerwakilan Rakyat shall hold a plenary session to convey the proposal to dismiss the President and/or Vice President to MajelisPermusyawaratan Rakyat. ***)
(6) MajelisPermusyawaratan Rakyat shall be required to hold a session to make decision on the aforementioned proposal of DewanPerwakilan Rakyat by no later than thirty days as from the time it receives such proposal. ***)
(7) The decision of MajelisPermusyawaratan Rakyat on the proposal to dismiss the President and/or Vice President must be made in the plenary session of MajelisPermusyawaratan Rakyat attended by not less than 3/4 of its total members and approved by not less than 2/3 of the total members attending, after the President and/or Vice President is given the opportunity to provide explanation in the plenary session of MajelisPermusyawaratan Rakyat. ***)
Article 7C
The President may not freeze and/or dissolve DewanPerwakilan Rakyat.***)
Article 8
(1) If the President passes 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, MajelisPermusyawaratan Rakyat shall hold a session within sixty days to elect a Vice President out of two candidates proposed by the President.***)
(3) In the event that the President and the 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 Defense jointly. By no later than thirty days following such event, MajelisPermusyawaratan Rakyat shall hold a session to elect the President and the Vice President out of two pairs of Presidential and Vice Presidential candidates proposed by political parties or a coalition of political parties whose Presidential and Vice Presidential candidates obtained the first and the second highest number of votes in the preceding 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 his/her religion, or shall make a solemn promise before MajelisPermusyawaratan Rakyat or DewanPerwakilan Rakyat, 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 laws 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) In the event that MajelisPermusyawaratan Rakyat or DewanPerwakilan Rakyat is unable to hold a session, the President and the Vice President shall take an oath according to his/her religion, or shall make a solemn promise before the leadership of MajelisPermusyawaratan Rakyat witnessed by the leadership of the 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 DewanPerwakilan Rakyat, shall declare war, make peace and conclude treaties with other states.
****)
(2) 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, the President must obtain the approval of DewanPerwakilan Rakyat.***)
(3) Further provisions concerning international treaties shall be regulated by law.***)
Article 12
The President shall declare state of emergency. The conditions and consequences of state of emergency shall be stipulated 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 DewanPerwakilan Rakyat.*)
(3) The President shall receive the placement of ambassadors from other states by taking into account the considerations of DewanPerwakilan Rakyat.*)
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 DewanPerwakilan Rakyat.*)
Article 15
The President shall award titles, decorations and other marks of honor as regulated by law. *)
Article 16
The President shall form an advisory council which will have the task of giving advice and considerations to the President, to be further regulated in law. ****)
CHAPTER IV
THE SUPREME ADVISORY COUNCIL
Deleted. ****)
CHAPTER V STATE MINISTRIES
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 by law.***)
CHAPTER VI
REGIONAL GOVERNMENT
Article 18
(1) The Unitary State of the Republic of Indonesia shall be divided into provincial regions and such provincial regions shall be divided into regencies (kabupaten) and municipalities (kota), whereby each province, regency and municipality shall have their respective regional government, which shall be 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 DewanPerwakilan RakyatDaerah (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 which are determined by law as being the affairs of the Central Government.**)
(6) The regional governments shall have the right to stipulate regional regulations and other regulations to implement autonomy and the 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 concerned.**)
(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 respect regional government units of special or particular nature as regulated by law.**)
(2) The state shall recognize and respect customary law (hukumadat) community units along with their traditional rights insofar as they are still in existence and are in conformity with the development of society and the principle of the Unitary State of the Republic of Indonesia, as regulated by law.**)
CHAPTER VII
DEWAN PERWAKILAN RAKYAT (THE HOUSE OF REPRESENTATIVES)
Article 19
(1) Members of DewanPerwakilan Rakyat shall be elected through general elections.**)
(2) The composition of DewanPerwakilan Rakyat shall be regulated by law.**)
(3) DewanPerwakilan Rakyat shall convene at least once a year.**)
Article 20
(1) DewanPerwakilan Rakyat shall have the power to make law.*) (2) Every bill shall be discussed by DewanPerwakilan Rakyat and the
President to obtain a joint approval.*)
(3) In the event that a bill does not obtain joint approval, it may not be re-submitted during the same session of DewanPerwakilan Rakyat. *)
(4) The President shall ratify bills which have obtained joint approval to become a law.*)
(5) In the event that a bill which has obtained joint approval is not ratified by the President within thirty days as from the time at which such bill is approved, the bill concerned shall legally become a law and it must be enacted.**)
Article 20A
(1) DewanPerwakilan Rakyat shall have legislative, budgetary and oversight functions.**)
(2) In implementing its functions, in addition to the rights provided for in other articles of this Constitution, DewanPerwakilan Rakyat shall have the right of interpellation, the right of inquiry and the right to state opinion.**)
(3) In addition to the rights provided for in other articles of this Constitution, every member of DewanPerwakilan Rakyat shall have the right to raise questions, to submit proposals and convey opinion, as well as the right of immunity.**)
(4) Further provisions concerning the rights of DewanPerwakilan Rakyat and the rights of members of DewanPerwakilan Rakyat shall be regulated by law.**)
Article 21
Members of DewanPerwakilan Rakyat shall have the right to propose bills.*)
Article 22
(1) In the state of exigencies, the President shall have the right to stipulate government regulation in lieu of law.
(2) The said government regulation must obtain the approval of DewanPerwakilan Rakyat in its subsequent session.
(3) In the event that no approval is obtained, the said government regulation must be revoked.
Article 22A
Further provisions concerning the procedures for establishing laws shall be regulated by law.**)
Article 22B
Members of DewanPerwakilan Rakyat may be dismissed from office, the conditions and procedures for which shall be regulated by law.**)
CHAPTER VIIA ***)
DEWAN PERWAKILAN DAERAH
(THE REGIONAL REPRESENTATIVES COUNCIL)
Article 22C
(1) Members of DewanPerwakilan Daerah shall be elected from each province through general elections.***)
(2) The total number of members of DewanPerwakilan Daerah from each province shall be equal and the total number of members of DewanPerwakilan Daerah shall be not more than one-third of the total number of members of DewanPerwakilan Rakyat.***)
(3) DewanPerwakilan Daerah shall hold a session at least once a year.***)
(4) The composition and position of DewanPerwakilan Daerah shall be regulated by law.***)
Article 22D
(1) DewanPerwakilan Daerah may propose to DewanPerwakilan Rakyat bills related to regional autonomy, relationship between the center and regions, formation and expansion as well as merging 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) DewanPerwakilan Daerah shall take part in the discussions on bills related to regional autonomy; relationship between the center and regions; formation, expansion and merging of regions;
management of natural resources and other economic resources, and the financial balance between the center and regions; and shall give considerations to DewanPerwakilan Rakyat on bills related to state revenues and expenditures budget and bills related to taxes, education and religion.***)
(3) DewanPerwakilan Daerah may oversee the implementation of laws concerning: regional autonomy, formation, expansion and merging 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 results of such oversight to DewanPerwakilan Rakyat for its consideration to be followed up.***)
(4) Members of DewanPerwakilan Daerah may be dismissed from their respective positions, the requirements of and procedures for which shall be regulated by law.***)
CHAPTER VIIB***) GENERAL ELECTIONS
Article 22E
(1) General elections shall be conducted 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 DewanPerwakilan Rakyat, DewanPerwakilan Daerah, the President and the Vice President and DewanPerwakilan RakyatDaerah.***)
(3) Participants of general elections for electing members of DewanPerwakilan Rakyat and DewanPerwakilan RakyatDaerah shall be political parties.***)
(4) Participants of general elections for electing members of DewanPerwakilan Daerah shall be individuals.***)
(5) General elections shall be organized by a national, permanent and independent commission for general elections.***)
(6) Further provisions concerning general elections shall be regulated by law.***)
CHAPTER VIII FINANCIAL MATTERS
Article 23
(1) The state revenues and expenditures budget as the realization of state financial management shall be stipulated annually by law
and it shall be implemented in an open and accountable manner for the greatest prosperity of the people.***)
(2) The bill on the state revenues and expenditures budget shall be proposed by the President for further discussion with DewanPerwakilan Rakyat by taking into account the considerations of DewanPerwakilan Daerah.***)
(3) In the event that DewanPerwakilan Rakyat 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 preceding 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 results of audit on state finances shall be submitted to DewanPerwakilan Rakyat, DewanPerwakilan Daerah, and DewanPerwakilan RakyatDaerah in accordance with their respective authorities.***)
(3) The said audit results shall be followed up by representatives bodies and/or institutions in accordance with the law.***)
Article 23F
(1) Members of the Audit Board shall be elected by DewanPerwakilan Rakyat by taking into account the considerations of DewanPerwakilan Daerah and shall be inaugurated 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 it shall have representative offices in each province.***)
(2) Further provisions on the Audit Board shall be regulated by law.***)
CHAPTER IX JUDICIAL POWER
Article 24
(1) Judicial power shall be 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 jurisdiction 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 adjudicate at the cassation level, to conduct judicial review of regulations made
under any law in respect of such law, and shall have other authorities as granted by law.***)
(2) Justices of the Supreme Court must possess integrity and a flawless personality, [they must be] just, professional and experienced in the field of law.***)
(3) Supreme Court Justice candidates shall be proposed by the Judicial Commission to DewanPerwakilan Rakyat for approval and shall be subsequently 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 appointment of Supreme Court justices and it 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 DewanPerwakilan Rakyat.***)
(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 of laws in view of the Constitution, deciding disputes concerning the authorities of state institutions whose authorities are provided by the Constitution, making decisions on the dissolution of political parties, and deciding disputes concerning the results of general elections.***)
(2) The Constitutional Court shall be required to pass decisions on the opinion of DewanPerwakilan Rakyat concerning alleged violations by the President and/or the Vice President in accordance with the Constitution.***)
(3) The Constitutional Court shall consist of nine constitutional justices stipulated by the President, comprising three justices nominated by the Supreme Court, three justices nominated by DewanPerwakilan Rakyat and three justices nominated 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 justices must possess integrity and a flawless personality, [they must be] just, statesmen mastering the constitution and constitutional law and shall not concurrently serve as state officials.***)
(6) The appointment and dismissal of constitutional justices, the law of proceedings and other provisions concerning the Constitutional Court shall be regulated by law.***)
Article 25
The requirements for the appointment and dismissal of judges shall be stipulated 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) All citizens shall have an equal position before the law and government and shall be obligated to uphold such law and government without exception.
(2) Every citizen shall have the right to work and to a living befitting human beings.
(3) Every citizen shall have the right and obligation to participate in the efforts of state defense.**)
Article 28
The freedom of association and assembly, the freedom of expression of thought, both orally as well as in written form and the like shall be stipulated 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 against 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 the humankind.**)
(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, guarantee, protection and 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 thought and attitude, in accordance with his/her conscience.**)
(3) Every person shall have the right to the freedom of association, assembly 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 to do something which constitutes a human right.**)
(2) Every person shall have the right to be free from torture or treatment 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 lead 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 benefits 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 right 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 are human rights which may not be prejudiced 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 identity and the rights of traditional communities shall be respected in conformity with the development of time and civilization.**)
(4) The protection, promotion, upholding and fulfillment of human rights shall be the responsibility of the state, particularly the government.**)
(5) To uphold 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 right 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 to 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 to 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 obligation 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 Armed Forces (TNI) and the National Police of the Republic of Indonesia (POLRI) as the main forces, and the people as supporting forces.**)
(3) The Indonesian National Armed Forces (TNI) 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 National Police of the Republic of Indonesia (POLRI) 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 Armed Forces (TNI), of the National Police of the Republic of Indonesia (POLRI), the relationship of authorities between the Indonesian National Armed Forces (TNI) and the National Police of the Republic of Indonesia (POLRI) in performing their respective tasks,
the requirements for the participation of citizens in the efforts for 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 a national educational system which enhances faith and devoutness as well as a noble character in the context of developing the intellectual life of the nation, which 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 and of the regional 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 the humankind. ****)
Article 32
(1) The state shall advance the national culture of Indonesia amidst world civilization by guaranteeing freedom to the society in preserving and developing its cultural 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 economy shall be organized as a common endeavor based upon the principle of family system (kekeluargaan).
(2) Production branches which are important for the state and which affect the livelihood of the people at large shall be controlled by the state.
(3) The 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 environmental perspective, independence, as well as by maintaining balance between progress and unity of the 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.
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(2) The state shall develop a social security system for the entire people and shall empower the weak and underprivileged people in accordance with human dignity. ****)
(3) The state shall be responsible for the provision of adequate health service facilities and public service facilities. ****)
(4) Further provisions concerning the implementation of this article shall be regulated in law. ****)
CHAPTER XV
THE NATIONAL FLAG, LANGUAGE, SYMBOL, AND THE NATIONAL ANTHEM **)
Article 35
The Flag of the Indonesian State shall be Sang MerahPutih.
Article 36
The language of the State shall be Bahasa Indonesia.
Article 36A
The National Symbol shall be Garuda Pancasilawith the motto 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 may be included in the agenda of the session of MajelisPermusyawaratan Rakyat if it is submitted by not less than 1/3 of the total number of members of MajelisPermusyawaratan Rakyat. ****)
(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 therefor. ****)
(3) To amend the articles of the Constitution, the session of the MajelisPermusyawaratan Rakyat shall be attended by not less than 2/3 of the total number of members of MajelisPermusyawaratan Rakyat. ****)
(4) Decisions to amend the articles of the Constitution shall be made with the approval of not less than fifty percent plus one member of the total number of members of MajelisPermusyawaratan Rakyat.
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(5) Specifically with regard to the form of the Unitary State of the Republic of Indonesia, no amendments may 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 long as no new institutions are established in conformity with this Constitution.
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Article III
The Constitutional Court shall be established by no later than August 17, 2003 and prior to its being established, all of its authorities shall be exercised by the Supreme Court. ****)
SUPPLEMENTARY PROVISIONS
Article I
MajelisPermusyawaratan Rakyat shall be assigned with the task of reviewing the substance and legal status of the Stipulations of the ProvisionalMajelisPermusyawaratan Rakyat and the Stipulations of
MajelisPermusyawaratan Rakyat to be decided in the 2003 Session of MajelisPermusyawaratan Rakyat. ****)
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.****)
