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By the grace of the Almighty God and motivated by a noble intention, for
free national life, Indonesian people hereby declare their freedom.
And then to form a Government of the State of Indonesia that protects all
Indonesian people and the entire land of Indonesia and to develop the welfare
of the people, the life of the nation, and participate in the world orderliness
based on freedom, eternal peace and social justice, National Freedom of
Indonesia is prepared in a Constitution of the State of Indonesia, formed in a
structure of the State of the Republic of Indonesia with people sovereignty
based on the One Supreme God, Just and civilized humanity, Indonesian unity
and Democracy lead by wisdom in Deliberation/Representation, and by realizing
a Social justice to all Indonesian people.
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THE CONSTITUTION
CHAPTER I
FORM AND SOVERIGNTY
Article 1
(1)
(2)
(3)
Article 2
(1)
Representative
and
members
of
Regional
House
of
(3)
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Article 3
(1)
(2)
(3)
Article 4
(1)
(2)
(1)
(2)
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Article 6
(1)
(2)
(1)
The President and Vice President shall be elected in a pair directly by the
people. ***)
(2)
(3)
A pair of the President and Vice President getting the votes of more than
fifty percent of total votes in a general election with at least twenty percent
votes in each province spread in more than a half of number of provinces
in Indonesia, shall be inaugurated to be President and Vice President. ***)
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(4)
(5)
and after that they can be re-elected for the same term of office, only for one
times term of office. *)
Article 7A
President and/or Vice President can be dismissed in their term of office
by the People Deliberative Assembly at the recommendation from the House of
Peoples Representative, if they prove to have committed violation of the law in
the form of betrayal to the state, corruption, bribery, other serious criminal acts,
or disgraceful deed or if they prove not to fulfil the requirements as the
President and/or Vice President. ***)
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Article 7B
(1)
(2)
(3)
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(4)
Constitutional Court shall fairly hear, try, and judge the opinion of the House of
Peoples Representative within no later than ninety days after receipt of the
request of the House of Peoples Representative by the Constitutional Court. ***)
(5)
If the Constitutional Court judges that the resident and/or Vice President prove
to have committed violation to the law in the form of betrayal to the state,
corruption, bribery, other serious criminal acts, or disgraceful deed; and/or prove
that the President and/or Vice President no longer fulfil the requirements as the
President and/or Vice President, the House of Peoples Representative shall
hold a plenary meeting to forward the recommendation to dismiss the President
and/or Vice President to the Peoples Deliberative Assembly. ***)
(6)
(7)
Representative. ***)
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Article 8
(1)
(2)
In case of vacant office of the Vice President, within no later than sixty days, the
Peoples Deliberative Assembly shall hold a meeting to elect a Vice President
from two nominees recommended by the President. ***)
(3)
If the President and/or Vice President jointly pass away, resign, are dismissed,
or can not implement their obligations in the term of office, the joint presidential
task executives shall be the Minister of Foreign Affairs, the Minister of Home
Affairs, and the Minister of Defence. Within no later than thirty days thereafter,
Peoples Deliberative Assembly shall meet to elect President and Vice President
of two pairs of prospective Presidents and Vice Presidents recommended by
political parties or combination of political parties whose pair of prospective
President and Vice President got the first and second most votes in the previous
general election, until expiry of their term of office. ****)
Article 9
(1)
Before occupying their positions, the President and/or Vice President shall take
an oath according to their religion, or seriously promise before the Peoples
Deliberative Assembly or House of Peoples Representative as follows:
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Article 11
(1)
The President with the approval from the House of Peoples Representative
shall declare war, make reconciliation and treaties with other country(-ies). ****)
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(2)
In making other international treaties generating a wide and basic impact on the
life of the people in relation to the states financial burden, and/or requiring the
amendment to or formation of law, the President shall require the approval from
the House of Peoples Representative. ***)
(3)
Article 13
(1)
(2)
In case of appointing ambassadors, the President shall take into account the
considerations from the House of Peoples Representative. *)
(3)
The President shall accept the placement of the other countries ambassadors
by taking into account the considerations from the House of Peoples
Representative. *)
Article 14
(1)
The President shall give clemencies and rehabilitations by taking into account
the considerations from the Supreme Court. *)
(2)
The President shall give amnesties and abolitions by taking into account the
considerations from the House of Peoples Representative. *)
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Article 15
The President shall give titles, rewards, and the others as stipulated by law. *)
Article 16
The President shall form an advisory council assigned to give advices and
considerations to the President, as further stipulated by virtue of law. ***)
CHAPTER IV
SUPREME ADVISORY COUNCVIL
Deleted. ****)
CHAPTER V
STATE MINISTRIES
Article 17
1)
(2)
(3)
(4)
(1)
The Unitary State of the Republic of Indonesia shall be divided into provinces
and the provinces shall be divided into districts and municipalities, where each
province, district, and municipality shall have a regional administration,
stipulated by virtue of law. **)
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(2)
(3)
(4)
(5)
(6)
(7)
(1)
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(2)
resources
administrations
between
shall
be
the
central
stipulated
and
government
and
implemented
regional
justly
and
Article 18B
(1)
The state shall acknowledge and respect the regional administrative units
which are special in nature as stipulated by law. **)
(2)
The state shall acknowledge and respect the traditional law community
units and the traditional rights thereof as long as they still survive and
comply with the community development and the principles of the Unitary
State of the Republic of Indonesia, as stipulated by virtue of law. **)
CHAPTER VII
HOUSE OF PEOPLES REPRESENTATIVE
Article 19
(1)
(2)
(3)
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Article 20
(1)
(2)
(3)
If the bill fails to receive a joint approval, the bill may not be resubmitted in
a meeting of the House of Peoples Representative.*)
(4)
(5)
In case the jointly approved bill is not ratified by the President within thirty
days as of approval of the bill, the bill shall be lawful to be law and
enacted. **)
Article 20A
(1)
(2)
(3)
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(4)
recommend a bill. *)
Article 22
(1)
(2)
(3)
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(2)
(3)
(4)
Article 22D
(1)
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(2)
(3)
(4)
Article 22E
(1)
General election shall be held directly, publicly, freely, secretly, fairly, and
justly once in five years. ***)
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(2)
(3)
(4)
(5)
(6)
(1)
(2)
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(3)
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(2)
The state finance audit results shall be submitted to the House of Peoples
Representative, Regional House of Representative, and Regional House
of Peoples Representative, in accordance with their competence. ***)
(3)
(1)
(2)
Article 23G
(1)
The Audit Agency shall be domiciled in the capital of the state and have
representative offices in each province. ***)
(2)
(1)
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(2)
(3)
(1)
(2)
Chief judge and deputy chief judge of the Supreme Court shall be elected
from and by the justices of the Supreme Court. ***)
(5)
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Article 24B
(1)
(2)
(3)
(4)
Article 24C
(1)
The Constitutional Court shall be competent to hear at the first and final
instances where the judgment shall be final in nature to test the law
against the Constitution, judge dispute of competence of state institution of
which the competence is conferred upon by the Constitution, judge
dissolution of a political party, and judge a dispute on general election
results. ***)
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(2)
(3)
(4)
(5)
personality,
be
statesmen
mastering
constitution
and
state
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(2)
(3)
(1)
All nationals shall have equal position before the law and government and
hold high the law and government, nothing excepted.
(2)
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(3)
(1)
Article 28B
Everyone shall be entitled to form a family and continue their generation
through a legitimate marriage. **)
(2)
Every child shall entitled to live, grow, and develop and be protected from
violence and discrimination. **)
Article 28C
(1)
(2)
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Article 28D
(1)
(2)
Everyone shall be entitled to work and receive fair and proper payment
and treatment in an employment relationship. **)
(3)
(4)
Article 28E
(1)
(2)
(3)
develop their personality and social setting, and to find, obtain, have, keep,
process, and give information with any means of channel available. **)
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Article 28G
(1)
(2)
(1)
(2)
(3)
(4)
(1)
Rights to live, not to be tortured, right of freedom of mind and heart, right
to have a religion, right not to be slaved, right to acknowledged as an
individual before the law, and right not to be sued based on the retroactive
law shall be human rights that can not be reduced in any condition. **)
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(2)
(3)
(4)
(5)
(1)
Everyone shall respect human rights in the social and national life. **)
(2)
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CHAPTER XI
RELIGION
Article 29
(1)
(2)
The state shall guarantee the freedom of its people to embrace their
respective religions and to worship according to their respective religions
and beliefs.
CHAPTER XII
STATE DEFENCE AND SECURITY **)
Article 30
(1)
(2)
The state defence and security shall be implemented through the whole
people defence and security system by Indonesian National Armed Forces
and the National Police of the Republic of Indonesia, as the main power,
and the people, as the supporting power. **)
(3)
Indonesian National Armed Forces shall consist of the Army, Navy, and Air
Forces as the states instruments assigned to maintain, protect, and keep
the state wholeness and sovereignty. **)
(4)
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(5)
(1)
(2)
Each national shall follow basic education and the government shall
finance the same. ****)
(3)
(4)
(5)
The government shall improve the science and technology by holding high
religious norms and national unity for civilization progress and welfare of
the mankind. ****)
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Article 32
(1)
The state shall improve Indonesian national culture amidst the world
civilization by guaranteeing a freedom to maintain and develop cultural
values. ****)
(2)
The state shall respect and maintain regional languages as the national
cultural asset. ****)
CHAPTER XIV
NATIONAL ECONOMY AND SOCIAL WELFARE ****)
Article 33
(1)
(2)
(3)
Soil and water and natural wealth contained therein shall be controlled by
the state and used for the welfare of the people to the utmost.
(4)
(5)
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Article 34
(1)
The indigent and abandoned children shall be raised by the state. ****)
(2)
The state shall develop a social security system to all people and
empower the weak community and the poor in accordance with human
values. ****)
(3)
The state shall be responsible for providing proper medical service facility
and public service facility. ****)
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Article 36C
Any further provisions on National Flag, Language, and Symbol, as well
as National Anthem shall be stipulated by virtue of law. **)
CHAPTER XVI
AMENDMENT TO THE CONSTITUTION
Article 37
(1)
(2)
(3)
(4)
Decision to amend the articles of the Constitution shall be made with the
approval of at least fifty percent plus one member of total members of the
Peoples Deliberative Assembly. ****)
(5)
The form of the State of the Republic of Indonesia can not be changed.
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TRANSITIONAL PROVISIONS
Article I
The existing laws and legislation shall remain effective until the existence
of the new ones according to this Constitution. ****)
Article II
The existing state institutions shall remain functioning provided that they
are used for implementing the provisions of the Constitution and until the
existence of the new ones according to this Constitution. ****)
Article III
The Constitutional Court shall be formed at the latest on August 17, 2003
and before formation of all competences thereof by the Supreme Court. ****)
ADDITIONAL PROVISIONS
Article I
The Peoples Deliberative Assembly shall be assigned to review legal
material and status of Decision of Temporary Peoples Deliberative Assembly
and Decision of the Peoples Deliberative Assembly for decision making in a
Meeting of the Peoples Deliberative Assembly of 2003. ****)
Article II
With the stipulation of the amendment to this Constitution, the 1945
Constitution of the State f the Republic of Indonesia shall consist of Preamble
and articles. ****)
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Translated from Indonesian Language
Jakarta, November 25, 2010
Authorized and Sworn Translator,
INDRA SYAHRIZA
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