1945 Constitution

Posted by Me.! | 5:35 AM | 0 comments »

The 1945 Constitution is the highest legal authority in Indonesia, of which executive, legislative and judicial branches of government must defer to it. The constitution was written in July and August 1945, when Indonesia was emerging from Japanese control at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored after the President Sukarno's decree on July 5, 1959. During the 32 years of Suharto's administration, the constitution had never been amended. Suharto refused to countenance any changes to the constitution and the People's Consultative Assembly passed a law in 1985 requiring national referendum for the constitution amendments.

After the Suharto's fall in 1998, the People Consultative Assembly amended the constitution four times in 1999, 2000, 2001 and 2002. Important amendments include the direct presidential election by the people (third amendment) and the presidential office term from unlimited to only two (first amendment), the regulation of which had made the possibility for Suharto's administration held in office for more than five terms. After the last amendment, the People's Representative Council gained more power to control the executive branch, the Regional Representatives Council was established, regional government was recognized in a section and an expanded section about civil rights among other changes. Currently, the constitution consists of 16 sections and 36 articles.

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