THE PROVISIONAL CONSTITUTION OF
THE REPUBLIC OF INDONESIA
PROF. DR. R. SUPOMO
(Translated by Garth N. Jones)
TRANSLATION SERIES
MODERN INDONESIA PROJECT
Southeast Asia Program
Department of Asian Studies
Cornell University
Ithaca, New York
Price — $2.00
SEAP Publications
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Do not remove from room 213
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THE PROVISIONAL CONSTITUTION OF
THE REPUBLIC OF INDONESIA
With Annotations and Explanations on Each Article
Prof. Dr, R, Supomo
(translated by Garth N. Jones)
I
TRANSLATION SERIES
Modern Indonesia Project
Southeast A sia Program
Department of Asian Studies
Cornell University
Ithaca, New York
f	1964
s!*Μ
Λ
Λ
X
[C) 1964 by Cornell Modern


A
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ΜPREFACE
Professor Supomo was for many years one of
Indonesia’s foremost scholars and by far its leading consti-
tutional authority, having served as Minister of Justice in
several cabinets. His death in 1958 was a great loss to
Indonesian government and legal scholarship.
The Provisional Constitution of the Republic of
Indonesia was only one of Professor Supomo's many important
published writings, the main body of which dealt with Indo-
nesian customary law. This book, however, is undoubtedly
the most significant source on the Constitution of 1950.
This Constitution remained operative for approximately seven
years after the formation of the Unitary State in August 1950
being fully and officially superseded only in July 1959 with
the return to the Constitution of 1945. Professor Supomo’s
commentary on the individual articles forms the most import-
ant analysis and interpretation of the 1950 Constitution to
have appeared. Those interested in Indonesia's political
development should therefore find this translation useful.
Ithaca, New York
March 10, 1964.
George McT. Kahin
DirectorTABLE OF CONTENTS
Page
FOREWORD.......................................	1
ON THE CONSTITUTION OF THE UNITARY STATE .....	2
THE 1950 PROVISIONAL CONSTITUTION OF THE
REPUBLIC OF INDONESIA.......................... 12
SUPPLEMENTS
SUPPLEMENT I: The Charter of Agreement between
the Government of the Republic of the United States of
Indonesia and the Government of the Republic of
Indonesia .................................. 86
SUPPLEMENT II: The Joint Statement of the
Government of the Republic of the United States of
Indonesia and the Government of the Republic of
Indonesia...........................................  89
SUPPLEMENT III: Announcement .............	91
APPENDIX: Constitutional, Legal,and Political Terms ....	92FOREWORD
*
This book has already been published three times, and with this
fourth edition improvements or additional notes have been placed below the
articles of the Constitution.
In improving the notes and explanations, I have given attention to
the comments concerning this book by Mr. F. R. BtShtlingk in the magazine
Indonesia, V (1951-1952), 384. Also I have referred to the official discus-
sions on the formation of the Unitary State at the Eighth Session of the
Working Body of the Central National Committee in Jogjakarta during August
1950.
Legislative situations in various fields and problems concerning some
important articles which have arisen since the promulgation of the Provi-
sional Constitution are also mentioned.
Considerable legislation required by the Provisional Constitution
for the implementation of various affairs has not yet been enacted. In the
meantime, the Indonesian people already hopefully expect as soon as possible
the holding of the general election, in order that the Constituent Assembly
can soon hold meetings for the drafting of a definite Constitution.
I also hope that this book can contribute to some'extent toward more
understanding on the part of the public of the content and purpose of the
Provisional Constitution, especially for those who in connection with their
daily activities must refer to the articles of the Constitution.
A uthor
Djakarta, January 1954
1ON THE CONSTITUTION OF THE UNITARY STATE
The Undang-undang Dasar Sementara Republik Indonesia (Provi-
sional Constitution of tEe Republic of”lndonesia)* constitutes a formal
amendment to the Provisional Constitution of the RIS (Republik Indonesia
Serikat, Republic of the United States of Indonesia). ** The amendment is
of such an effect that the structure of the Republic of Indonesia, which ac-
cording to the Constitution of the RIS is of a federal nature, becomes a
unitary state.
On August 15, 1950, at a joint session of the Dewan Perwakilan Rak-
jat (Council of the People’s Representatives, or Parliament) and the Senate
of the RIS in Djakarta, President Soekarno announced the Charter of De-
claration for the establishment of the Unitary State of the Republic of
Indonesia.
The Charter is as follows:
The Charter of Declaration for the Establishment of the Uni-
tary State of the Republic of Indonesia.
With this we hereby inform the joint session of the Dewan
Perwakilan Rakjat- and the Senate of the United States of the Re-
public of Indonesia that the draft law to amend the Provisional
Constitution of the Republic of the United States of Indonesia to
become the Provisional Constitution of the Republic of Indonesia,
which was proposed by the Government with the consent of all of
the Governments of the Component States of the Republic of the
United States of Indonesia, has been ratified by the Dewan Per-
wakilan Rakjat and the Senate of the Republic of the United States
*Only a few Indonesian constitutional, legal, and political terms will be
used in this translation. A list and explanation of important constitutional
terms, as largely found in Indonesia’s three constitutions, is given in
an Appendix to this translation.
**In the course of Indonesia’s history three constitutions have been pro-
claimed. The Constitution of 1945 (proclaimed by unilateral action on
August 18, 1945, and reinstated by Presidential Decree on July 5, 1959)
was entitled by the Republic of Indonesia Undang-undang Dasar. The
second constitution (resulting from the Round Table Conference for the
transfer of sovereignty, which took place at the Hague in December 1949)
was commonly termed Konstitusi. The third constitution (for the purpose
of creating the Unitary State on August 15, 1950) was entitled Undang-
undang Dasar Sementara.
When reference is made to the 1945 or 1950 constitutions the Indone-
sian term or the abbreviation UUD will be used whenever possible. For
the 1949 constitution, the English t«»rm will be used.
23
of Indonesia in the meetings-held on August 14, 1950.
On this day, August 15j 1950, I have signed, and the
Prime Minister and the Minister of Justice of the Republic
of the United States of Indonesia have countersigned, the
Constitutional Document referred to, and it is promulgated
by the Minister of Justice by virtue of the Proclamation of
the Independence of Indonesia on August 17, 1945.
We, therefore, in the name of the people at this stage
and time of the struggle for Independence proclaim the in-
ternal change of the country into the form of the Unitary
State of the Republic of Indonesia which includes the entire
fatherland and all the Indonesian people.
Djakarta, August 15, 1950
Soekarno
Also, on the same day, after the Charter referred to was an-
nounced to the Joint Session of the DPR and the Senate of the RIS at
Djakarta, President Soekarno flew to Jogjakarta, and as President of the
Republic of Indonesia (Jogjakarta) he proclaimed at that city the estab-
lishment of the Unitary State before a special session of the Working Body
of the Central National Committee. * These announcements in Djakarta
and Jogjakarta were made after the Working Body of the Central National
Committee had approved on August 12, 1950, the motion of Wondoamiseno
et al, which, among other things, proposed to accept the draft law (of the
Rl Jogjakarta) for the formation of the Unitary State in the sense of ap-
proving on a provisional basis the draft Provisional Constitution of the Re-
public of Indonesia, and also after the Dewan Perwakilan Rakjat and the
Senate of the RIS had approved the Draft Constitution as an amendment to
the Provisional Constitution of the RIS, which became the Provisional Con-
stitution of the Republic of Indonesia on August 14, 1950.
The ceremony for the formation of the Unitary State at Jogjakarta
was performed differently from the ceremony which took place in Djakarta.
In Jogjakarta, the Government of the RI requested that the Central
National Committee approve the policy of the Government for the formation
of the Unitary1-State, in accordance with article one of the Government’s
Program, as the last act of the Republjg of Indonesia (Jogjakarta) which
had already become a Component State, and to return to the Unitary and
Sovereign State.
Article One of the Program of the RI (Jogjakarta) Government
reads:
*The Indonesian term for this body is Badan Pekerdja Komite Nasignal
Indonesia Piisat. This was the provisional legislative body of the govern-
of tlie Republic of Indonesia during the revolutionary period.
See the Appendix to this translation for a list and explanation of the
several revolutionary bodies of the Republic of Indonesia.
♦^Under the Constitution for the Republic of the United States of Indonesia,
the revolutionary government which moved from Djakarta to Jogjakarta on
January 4, 1946, became a Component State.4
To continue the struggle for securing the Unitary State
•which includes the entire Indonesian archipelago according
to the meaning of the Proclamation of August 17, 1945.
The acceptance of the Government’s policy by the Working Body of
the Central National Committee was requested and granted in the form of
an agreement to the Draft Law of the RI (Jogjakarta) concerning the forma-
tion of the Unitary State. The Draft became Law No. 20, 1950, and was
issued on August 14, 1950.
Article One of this Law states:
Legalizing:
The Charter of Agreement of the Government of the Re-
public of the United States of Indonesia and of the Government
of the Republic of Indonesia dated in Djakarta on May 19, 1950,
juncto the Joint Statement of the Government of the Republic of
the United States of Indonesia and the Government of the Repub-
lic of Indonesia dated in Djakarta on July 20, 1950, with the
enclosure of the Draft Constitution of the Republic of Indonesia
together with the Observation of the Government of the Repub-
lic of Indonesia concerning the proposals of the Joint Committee
of the Republic of the United States of Indonesia and the Re-
public of Indonesia.
Article Two (the last article) states that "This law takes effect as of
the date of its promulgation."
Indeed, when viewed from the juridical-formal standpoint, the duty
of the Government of the RI at Jogjakarta concerning the realization of the
Unitary State is different from that of the Central Government of the RIS.
According to an explanation by the Minister of Internal Affairs, Mr. Susanto
Tirtoprodjo, at a meeting of the Working Body on August 5, 1950, the RI
(Jogjakarta) could not free itself from the Provisional Constitution of the
RIS after the Central National Committee accepted the results of the Round
Table Conference at the Hague in 1949. The Constitution of the RIS also
applies to the RI (Jogjakarta). Thus, according to the law as based upon
article 190 of the Constitution of the RIS, the competent authority to amend
the Constitution resides solely in the Dewan Perwakilan Rakjat and the
Senate.
If such is the case, why did the Government of the RI (Jogjakarta)
forward the problem of the formation of the Unitary State to the Working
Body of the Central National Committee? A representative of the RI, at a
meeting of the Working Body, said that this was based upon political and
psychological considerations. The formation of the Unitary State is the
realization of article one of the program of the RI Government, which states
that the RI Government, even as a Component State, will never relinquish
the struggle for achieving a Unitary State.
The Unitary State to be formed is the result of cooperation between
the RIS Government and the RI Government (Jogjakarta). Hence—so stated
the representative of the RI Government at a meeting of the Working Body5 *
on August 5, 1950--it was the Charter of Agreement between the RIS .
Government and the RI Government that was forwarded to the Working
Body -for its approval. The Charter of Agreement referred to was
signed by the Prime Minister of the RIS and the Prime Minister of the
RI on May 19, 1950 (see Supplement I of this book).
A Joint Committee was formed by the RIS Government and the RI
Government, which was presided over by the author of this book (repre-
sentative of the RIS) and Abdul Hakim (representative of the RI). The
task of this Committee was to carry out the Charter of Agreement, es-
pecially to draft the Provisional Undang-undang Dasar of the Unitary
State within the terms determined by the Charter.
The Charter specified that the UUD of the Unitary State would be
formulated by amending the RIS Constitution in such a manner that they
essentials of the UUD of the Republic of Indonesia--among others,
articles 27, 29, and 33--be included as well as the satisfactory parts of
the RIS Constitution. The Charter also contains other provisions
relating to the contents of the UUD of the Unitary State.
The results of the Joint Committee were forwarded to the RIS
Government on June 30, 1950. The Draft Provisional Constitution of the
Unitary Indonesian Republic composed by the Joint Committee was taken
over, with only a few changes, by the RIB Government and the RI Govern-
ment as the draft provisional UUD of the RI; later, after being accepted
by the Working Body of the Central National Committee, and the Dewan
Perwakilan Rakjat and the Senate of the RIS without the right of amend-
ment being exercised, it was adopted as the Provisional UUD of the
Republic of Indonesia.
Upon the request of the RI Government and the RIS Government
for the immediate establishment of the Unitary State--because of the
critical internal situation faced by the two governments--the Working
Body of theCentral National Committee as well as the Dewan Perwakilan
Rakjat and the Senate of the RIS did not exercise their rights of amendment.
Many members of the Working Body of the Central National Com-
mittee, as well as those of the DPR of the RIS, desired to change several
of the articles of the Draft Provisional UUD of the Unitary State; but
finally the majority voices of the two Parliaments agreed to accept the
Draft UUD without exercising their rights of amendment in order not to
delay the formation of the Unitary State.
The Vice-Prime Minister of the RI, Abdul Hakim, stated at a
meeting of the Working Body of the Central National Committee on August
9, 1950, that the RI Government acknowledged that the form and content of
the Draft UUD was not yet perfect; but according to the position of the RI
Government, the Draft UUD was adequate to initiate the governmental af-
fairs of the Unitary State. Abdul Hakim further stated that article 140 of
the Draft UUD made it possible to improve the UUD by establishing the
Council for Amending the Constitution.6
The motion by Wondoamiseno mentioned above was approved by the
RI Government. This motion not only included the acceptance of the draft
Constitution for the formation of the RI Unitary State, but also specified
that, with due regard to the circumstances, the Council for Amending the
Constitution would assemble at the latest one month after the Unitary State
was proclaimed to discuss modifications to the Provisional Constitution.
In the discussions on the formation of the Unitary State in the RIS
Dewan Perwakilan Rakjat, the RIS Government did not favor the proposal
forwarded by several members of the DPR that the Council for Amending
the Constitution be convened to improve the Provisional Constitution. What
is the point, asked the RIS Prime Minister, Mohammad Hatta, at a session
of the DPR on August 14, 1950, of the Dewan Perwakilan Rakjat spending
more time and energy on improving the Provisional UUD when, although it
is not perfect, it is adequate to provide a basis for the Government and the
DPR to carry out democratically state affairs leading to happier living con-
ditions for the people than exist at the present. It would be much better,
stated the RIS Prime Minister, if the Government, after the formation of
the Unitary State, would devote all of its energy to building up the country;
to giving meaning to the independence of our Fatherland; to resolving the
thousand and one problems of the state and community. It would be more
prudent, according to the viewpoint of the RIS Government, if all sugges-
tions and amendments forwarded by members of Parliament were turned
over to a state committee charged with preparing a Draft UUD for the
Constituent Assembly.
The fact is that since the formation of the Unitary State until now
(January 1954) no one has taken any initiative at all in using article 140 of
the Provisional UUD. There appears to be no indication of a proposal to
change the UUD via this means because attention--especially since the
Statute on General Elections was enacted and proclaimed on April 7, 1953,
in the State Gazette No. 29 as Statute 1953, No. 7--is focused on holding
quickly the General Elections for the DPR and the Constituent Assembly.
The Unitary State was established on August 17, 1950, the day on
which the Provisional UUD took effect.
As previously mentioned, this Provisional UUD is formally an
amendment of the RIS Constitution to the effect that the federal structure of
the Republic of Indonesia is changed into a unitary structure. In other
words, the establishment of the Unitary State did not occur by consolidating
all of the Component States with the Component State of the Republic of
Indonesia (Jogjakarta), but was accomplished constitutionally by amending
the Constitution of the Republic of the United States of Indonesia through
paragraph 190 of this Constitution.
Many political groups, especially those of the political left wing,
desired a procedure consolidating all Component States with the RI
(Jogjakarta), particularly after most of the Component States had joined
the RI through' the RIS Presidential Decree of March 9, 1950; for instance,
the Component States and Regions (Daerah)* of Central Java, East Java,
*Daerah means either region or territory.7
Madura, Padang and the surrounding area along with Subang joined the RI
(Jogjakarta). Furthermore, based upon articles 43 and 44 of the RIS Con-
stitution, the following joined (the RI Jogjakarta): Pasundan on March 11,
1950; East Kalimantan and South Sumatra on March 24, 1950; and on
April 4, 1950, Bangka, Belitung, Riau, Daerah Band jar, Greater Dajak,
Kota Waringin, and Southeast Kalimantan. There remained only two Com-
ponent States which had not yet joined the Republic of Indonesia (Jogjakarta)
East Indonesia and East Sumatra.
In a meeting of the Working Body of the Central National Committee
at Jogjakarta on July 29, 1950, Prime Minister Hakim explained that in
connection with the several political considerations just mentioned in his
explanations (see the Report of the Working Body in the proceedings of the
Eighth Session of the Working Body of the Central National Committee),
and especially because of the fact that East Indonesia and East Sumatra
were more inclined toward the RIS than the RI (Jogjakarta), the RI Govern-
ment believed that the best way to consolidate the two Component States
into the Unitary State was through the RIS. This is the reason why the RI
Government proposed to the RIS Government that the RIS Government take
the initiative in finding means by which East Indonesia and East Sumatra
would compromise for the formation of the Unitary State. The RIS Govern-
ment succeeded in obtaining a full mandate from the two Component States
to hold a conference with the RI Government concerning the establishment
of the Unitary State and allowing discussions between the RIS Government,
which could exercise authority on behalf of the Government of the East
Indonesian State and the Government of the East Sumatran State, and the
RI Government. This resulted in the signing of the Charter of Agreement,
as previously mentioned, on May 19, 1950.
As noted in the Charter of Declaration on the formation of the Uni-
tary State of the Republic of Indonesia, the birth of the Unitary State is
solely a change within the country, permitted by article 190 of the RIS
Constitution and following the provisions of this article. Thus, the change
of the State structure from a federal to a unitary form did not violate the
Constitution, because it was accomplished by a constitutional process.
Although the Provisional UUD of the Unitary State of the Republic
of Indonesia is, in formal terms, the amended Constitution of the RIS,
because the amendments are so extensive and because the articles con-
cerned with the federal structure are abolished or changed it was con-
sidered more effective and clearer to promulgate the amended RIS Consti-
tution all at once rather than proclaim the articles of the amended docu-
ment which were abolished, amended, substituted, or added.
The explanation of the RIS Government to the Parliament of the RIS
concerning the Draft of this Provisional UUD stated that:
1. Principles which were clearly recognized by the RIS
and by the RI, but were not clarified or only partially
clarified in the Constitution of .the RIS as well as
UUD-RI, are now clearly provided in the Provisional
UUD of this Unitary State.8
2.	Identical principles in both of the Constitutions of the RIS
and the RI, which were expressed in such a different man-
ner as to give rise to supposition that difference of opinion
exists, are brought into accord in their formation,
3.	Asa rule, the word order and the terms, especially those
which could cause misunderstanding, are improved,
4.	The arrangement, where necessary, is improved.
When we compare the basic principles of the Provisional UUD with
those of the RIS Constitution, the main differences--besides the fact that
the RIS Constitution is of a federal while the RI Provisional UUD is of a
unitary nature--in broad outline are as follows:
I. In general terms, the basic human rights and freedoms and other funda-
mentals contained in the RIS Constitution which are in agreement with the
"Universal Declaration of Human Rights" as well as the basic human
rights and freedoms stated in the Supplement of the Statute of the Indo-
nesian-Dutch Union are also included in this Provisional UUD (Sections
V and VI).
With regard to the basic rights concerning freedom of religion,
conscience, and thought, which according to article 18 of the RIS Con-
stitution also embraces the freedom to change one’s religion, beliefs,
and so forth, it is not clearly stated in article 18 of the Provisional
UUD whether or not the rights also include those written in the RIS
C onstitution.
Article 43, paragraph 2 of the Provisional UUD guarantees the
freedom of every person to profess his own religpn and to worship in
accordance with his own religion and beliefs; this is also in agreement
with the meaning of article 29, paragraph 2 of the UUD of the Republic
of Indonesia.
According to the explanation of the RIS Government to the Parliament,
article 18 and article 43, paragraph 2 are already sufficiently complete
to provide recognition of the freedom of religion and the liberty of a per-
son to change his religion; furthermore, these articles are already
covered in the meaning of article 18 of the "Universal Declaration of
Human Rights."
II. The Provisional UUD recognizes the right to demonstrate and strike
(article 21), which is not mentioned in either the RIS or the RI Constitu-
tions.
The recognition of these two rights has been long fought for by active
movements, especially organized Indonesian labor. In Post World War II
Constitutions--for example, the French Constitution of 1946 and the
Italian Constitution of 1947--the right to strike is also recognized.
HI. The fundamentals of the economy as found in article 33 of the UUD of
the Republic of Indonesia are adopted in article 38 of the Provisional
UUD. Furthermore, article 37, paragraph 3 prohibits private monop-
olistic organizations that are detrimental to the national economy.
The social function of property rights--as incorporated, for9
example, in article 153, paragraph 3 of the Weimar Constitu-
tion of 1919 (Germany), and in article 42, paragraph 2 of the
Italian Constitution of 1947--is also given recognition in
article 26, paragraph 3 of the Provisional UUD,
IV.	The Government is based upon a cabinet system which is re-
sponsible to_the Parliament (article 83). This system does
not differ /jnuc|T7 from the Governmental system provided
in article 118 of the RIS Constitution. The	differences
are that whereas the Government of the RIS could not be over-
thrown by the Parliament (article 122, Constitution of RIS),
the Government of the Unitary State of the Republic of Indo-
nesia can fall because its policy has not been accorded sup-
port by the Parliament; on the other hand, according to the
Constitution of the RIS the Dewan Perwakilan Rakjat cannot
be dissolved, while article 84 of the Provisional UUD grants
the President the right to dissolve the Dewan Perwakilan
Rakjat. This right of the President’s is a balance to the
Dewan Perwakilan Rakjat’s power to overthrow the Government.
V.	Similar to the UUD of the Republic of Indonesia, the Provisional
UUD establishes the Office of the Vice-President. The Consti-
tution of the RIS did not establish the Office of Vice-President
because this office was not considered necessary in a respon-
sible cabinet system. For the Unitary State of the Republic
of Indonesia, the Office of the Vice-President is made available
during the time until the Constituent Assembly is established.
This is one of the political compromises achieved between the
RIS Government and the RI Government at the joint discussions
concerning the Draft Provisional UUD.
VI.	The Parliament of the Unitary State of the Republic of Indonesia
consists of only one body, i. e., the Dewan Perwakilan Rakjat.
The Senate of the RIS, which was an institution of the Federal
State that represented the Component States--so stated the
Explanation of the RIS Government to the Parliament concerning
the Draft Provisional UUD—was abolished because the Component
States no longer existed within the Unitary State.
VII.	The guarantee that minority groups would have representation in
the Parliament, as found in article 100 of the RIS Constitution,
was incorporated in article 58 of the Provisional UUD. The
Republic of Indonesia Government’s Explanation of the Draft
Provisional UUD states that the intention of this guarantee was
not to justify the continuance of minorities in a democratic Indo-
nesian state, but rather unification of all national groups into
one homogeneous nation, which is the aspiration of our Country.
The guarantee is considered necessary because at this time
there still exist minority groups.10
VIII.	The Supreme Court, the highest judicial body of the State, which
does not merely exercise the supreme control;qVe-r the activities
of the highest judicial bodies of the Component States (article 153,
paragraph 1, Constitution of the RIS), but also exercises supreme
control over the activities of all judicial bodies throughout Indo-
nesia, no longer has the right to declare that a governmental regu-
lation or a law of a Component State is in conflict with the Constitu-
tion (article 156, RIS Constitution) because in fact there are no
longer regulations or laws issued by the Component States.
IX.	The Unitary State will not have the character of a centralized gov-
ernment, in that the Indonesian territory will be divided into large
autonomous regions and small autonomous regions (article 31,
paragraph 1). These regions will be given extensive autonomy
(article 131, paragraph 2); even ••medebewind”* authority will
be delegated to the regions (article 131, paragraph 3).
The bases of democracy in regional government are guaranteed
in article 131, paragraph 1, which prescribes that the law appli-
cable to regional government organization must observe and con-
sider the principles of consultation and representation in the sys-
tem of government for the state. This is in agreement with
article 18 of the UUD of the Republic of Indonesia.
X.	The Component States are no longer responsible for arranging the
affairs of Swapradja** (government) (article 65 of the RIS Constitu-
tion), inasmuch as this is the task of the Government (article 133 of
the Provisional UUD). The determination of the position of the
Swapradja is no longer established by contract (article 65 of the
RIS Constitution), but now by statutory law (article 132, paragraph
1 of the Provisional UUD). Judicial disputes concerning regula-
tions about the position of the Swapradja shall no longer be judged
by the Supreme Court (article 67 of the RIS Constitution), but by
the judicial body that judges civil cases (thus, they can also be
referred to the Supreme Court), or by other organs that shall guar-
antee impartial justice and truth (article 132, paragraph 3 and
article 108 of the Provisional UUD).
XI.	The Constituent Assembly, according to article 188 of the RIS
Constitution, shall be formed by adding to the Dewan Perwakilan
Rakjat and the Senate a number of extraordinary members
equalling the membership of the two bodies. According to article
135 of the Provisional UUD, the number of the members (of the
Constituent Assembly) shall be determined on the basis of one
representative to every 150, 000 residents of Indonesian citizenship.
XII.	Contrary to the provision found in article 187 of the RIS Constitu-
tion, it is not necessary that a definite draft constitution be pre-
pared by the Government.
Functions performed by the local government as an agent of the central
government.
**Self-governing Hereditary State.11
The above constitutes, in broad terms, a comparison between the
Constitution of the RIS and the Provisional UUD (Unitary State) of the
Republic of Indonesia.
In the remarks following each article differences and similarities
between the two Constitutions will be mentioned; and, where necessary,
comparison with the UUD of the Republic of Indonesia will be included.
Author
Djakarta, January 30, 1954-M'; t ■■■
THE 1950 PROVISIONAL CONSTITUTION OF THE
REPUBLIC OF INDONESIA
STATUTORY LAW No. 7/1950
State Gazette No. 56/1950
President of the Republic of the United States of
Indonesia.
Whereas:
that the people of the Component States throughout
Indonesia desire the formation of the Unitary Republi-
can State;
that sovereignty resides in the people;
that this Unitary State is actually identical with
the State of Indonesia whose independence was pro<*
claimed by the people on August 17, 1945, which was
originally a unitary Republic and which subsequently
became a federal Republic;
that in order to carry out the will of the people
in regard to the unitary Republic, the Component
States, the State of East Indonesia, and the State of
East Sumatra, have empowered the Government of the
Republic of the United States of Indonesia to negotiate
with the Government of the Component States of the
Republic of Indonesia;
that now agreement has been reached between the
two parties in the said negotiations so that in order to
carry out the will of the people the time has come to
amend, in accordance with the said agreement, the
Provisional Constitution of the Republic of the United
States of Indonesia to become the Provisional Consti-
tution of the State which shall be a Unitary Republic
by the name of the Republic of Indonesia;
Considering:
Article 190, Article 127, paragraph (a), and
Article 191, paragraph 2, of the Constitution;
1213
Considering also:
The Charter of Agreement between the Government of
the Republic of the United States of Indonesia and the Gov-
ernment of the Republic of Indonesia of May 19, 1950;
With the approval of the Dewan Perwakilan Rakjat and of
the Senate;
Resolves:
To enact:
The Act on the amendment of the Provisional Consti-
tution of the Republic of the United States of Indonesia
into the Provisional Constitution of the Republic of Indonesia.
ARTICLE I
The Provisional Constitution of the Republic of the
United States of Indonesia is amended to become the Pro-
visional Constitution of the Republic of Indonesia, so that
the text will read as follows:
PREAMBLE
Since independence is inherently the right of every
nation, any form of colonialism in this world becomes
contrary to humanity and justice and must therefore be
abolished.
Our struggle for an independent Indonesia has
reached a stage of glory and the Indonesian people are
led to the gate of an Indonesian State which is indepen-
dent, united, sovereign, just, and prosperous.
Having, through God's blessings and by His mercy,
arrived at this blessed and sacred moment in o>ur
history,
We hereby ordain our independence and, by this
Charter, establish our Unitary Republican State, based
on the recognition of Divine Omnipotence, Humanity,
National Consciousness, Democracy, and Social Justice,
in order that we may enjoy happiness, prosperity, peace
and freedom in society and in the completely sovereign,
constitutional'State of Free Indonesia, governed by justice.
Paragraphs one and two of the Preamble are derived from paragraphs one
and two of the Preamble of the Constitution of the Republic of Indonesia.
Paragraphs three and four of the Preamble, with some changes, are taken
from paragraphs two, three, and four of the Preamble of the Constitution14
of the Republic of the United States of Indonesia. For example, the
wording, "The Charter of the Federal Republican State," is changed to
"The Charter of the Unitary Republican State."
The Preamble contains the Pantja Sila--such is also the case with the Pre-
ambles of the Constitutions of the Republic of Indonesia and the Republic
of the United States of Indonesia--which are the five basic philosophical
principles of our State: Divine Omnipotence, Humanity, National Con-
sciousness, Democracy, and Social Justice.
CHAPTER I
STATE OF THE REPUBLIC OF INDONESIA
SECTION I
FORM OF THE GOVERNMENT AND SOVEREIGNTY
ARTICLE 1
1.	The independent and sovereign Republic of Indo-
nesia is a democratic state of unitary structure,
governed by justice.
2.	The sovereignty of the Republic of Indonesia is
vested in the people and is exercised by the
Government together with the Dewan Perwakilan
Rakjat.
Paragraph 1 of this article deletes the word "united" and substitutes for "federal
the word "unitary" from paragraph 1, article 1 of the RIS Constitution.
Previously noted with reference to the Preamble, the Republic of Indonesia is
governed by justice/law, which means that the State will be subject to the Law;
legal regulations will apply to all bodies and instrumentalities of the State.
Paragraph 2 of this article, which is the same as article 1, paragraph 2 of
the RI Constitution, states that sovereignty is vested in the people. Differ-
ent from the system of the RI Constitution, article 2 further states that
sovereignty is exercised by the Government together with the Dewan Per-
wakilan Rakjat.
The system of the RI government provided for a Consultative Assembly
of the People, which would exercise sovereignty and occupy a position
over the Dewan Perwakilan Rakjat and the President. This body would
assemble at least once every five years. This was one of the essential
characteristics of the RI Constitution. However, according to the Char-
ter of Agreement between the RIS and the RI, this system will not be
used in the Unitary State because the intent is for a cabinet-parliamentary
governmental system—or, more precisely, a cabinet system responsible
to the parliament. This is different from the system of government of
the former RI, which was of a cabinet-presidential nature.15
In practice, the RI never made the necessary preparations for the estab-
lishment of the Consultative Assembly of the People. Since the establish-
ment of the first Sjahrir cabinet, the RI has assumed a conventional cab-
inet system of government. This practice did not abrogate the Presiden-
tial system of the RI Constitution; when the situation of the State became
very critical, a cabinet-presidential system was again formed under the
leadership of Dr. Mohammad Hatta, which lasted until the transfer of
sovereignty by the Netherlands on December 27, 1949.
•'Sovereignty is exercised by the Government together with the Dewan Per-
wkkilan Rakjat." In response to an inquiry of the Reporting Committee of
the DPR, on August 3, 1950, the RIS Government explained what is meant
under this provision: that in executing governmental affairs and state legis-
lation, the Government and the DPR will cooperate to fulfill the will of the
people.
SECTION II
TERRITORY OF THE STATE
ARTICLE 2
The Republic of Indonesia comprises the whole
territory of Indonesia.
In the Explanation of the Draft Constitution it is stated that the intention of
this article is that the territory of the Indonesian State encompasses the
territory of the former Dutch Indies. This territory includes also West
Irian, which is de jure a part of the territory of the Republic of Indonesia.
Article 1 of the Charter for the Transfer of Sovereignty transfers sovereign-
ty over Indonesia without any exceptions; thus the transfer of sovereignty
covers the whole of Indonesia or the entire territory of the former Dutch
Indies, including also Irian.
Article 2 of the Charter for the Transfer of Sovereignty only dealt with de
facto power over Irian, which, as agreed to by the Government of Indonesia,
would reside with the Netherlands only for one year, i. e., until December
30, 1950. The Indonesian-Netherlands negotiations concerning West Irian,
which were obligated by article 2, sub f of the Charter, took place between
December 1950 and January 1951. The negotiations were a failure, and until
now the Irian problem still remains unsolved. It is the official understanding
of Indonesia that de facto power of the Netherlands over West Irian since
January 1951 prevails without the permission of the Republic of Indonesia.
SECTION HI
SYMBOLS AND LANGUAGE OF THE STATE
ARTICLE 3
1. The national flag of the Republic of Indonesia
is the Red and White flag.

"U16
2.	The national anthem is "Indonesia Raya."
3.	The Government defines the seal and the coat of
arms of the State.
This article is adopted from article 3 of the RIS, with the omission of the
word "United." In a reply to the Government in a report of the Reporting
Committee of the DPR on August 3, 1950, the word "nationality"
(kebangsaan) as found in paragraph 1 of this article has the same meaning
as "state" (negara).
The use of the word Sang (esteemed) in the phrase Bendera Sang Me rah
Putih (The Esteemed Red and White Flag) does not mean idolizing the
flag. A flag is a symbol and a sign of honor of a nation and should be re-
spected as every nation gives honor to its flag.
The Parliamentary Chronicle of February 17, 1950, No. 2, contains the
statement that the session of the RIS Council of Ministers on February 11,
1950, ratified the Coat of Arms of the RIS as prepared by the Committee
for the State Symbol in accordance with section III, article 3 of the RIS
C onstitution.
The coat of arms depicts the garuda bird (a mystical bird something like
an eagle), which is well known in the world ofmystics of the Indonesian
civilization as representing, consttucti^e powfei·/ A picture of the coat
of arms is found in the previously referred to Parliamentary Chronicle.
The slogan of the coat of arms reads: "Bhinneka Tunggal Ika," which
means "unity in diversity." The intention is to unite all territories and
regions (cultural areas) of the entire Indonesian archipelago into one
"Great Union."
A R T I C L E 4	-
The official language of the Republic Of Indonesia
is the Indonesian language, t	; i xi ·
This article is derived from , article 4 of the RIS Gohstitution. Article 36
of the Republic of Indonesia UUD reads: "The official language is the
Indonesian language." It is considered more definite to say "the official
language of the state," since.all regional languages are also respected;
but the only official language is the Indonesian language.
SECTION IV
CITIZENSHIP AND RESIDENTS OF THE STATE
ARTICLE5
1.	The law defines the citizenship of the Republic
of Indonesia.
2.	Naturalization is to be effected by -law or in virtue
of the law. The law regulates the consequences of
naturalization as they affect the wife and the chil-
dren of minor age of the person naturalized.17
This article is derived from article 5 of the RIS Constitution by leaving
out the word "federal" and by using the term "becoming a citizen" instead
of the term "naturalization."
The Agreement of the Round Table Conference concerning the determination
of citizenship determined for those persons who were subjects of the
Netherland Kingdom up to the time of the transfer of sovereignty (December
27, 1949) who would have Dutch nationality and who would have Indonesian
nationality. According to article 4 of this Agreement, Dutch subjects who
are not yet adults but yet belong to the autochthonous population are given
Indonesian nationality except if they were born outside of Indonesia and re-
sided in the Netherlands or outside of their participant daerah; they will
then have the right to state within a period two years after the transfer of sov-
ereignty their choice of Dutch nationality.
Article 3 of the Agreement states that the Dutch retain Dutch nationality.
However, if they were born in Indonesia or resided in Indonesia for at least
six months they have the right to choose within a period of two years /after
the transfer of sovereignty/ Indonesian nationality (active system).
Chinese and other Netherlands subjects, but not Dutch persons who were born
in Indonesia or lived in residence in Indonesia, are given Indonesian nation-
ality; however, they have the right to refuse it, according to article 5 of the
Agreement for the Determination of Citizenship, within two years /after the
transfer of sovereignty/ (passive system).
In the exchange of letters dated November 2, 1949, between the Indonesian
delegation and the Dutch delegation at the Round Table Conference, all the
delegates agreed that participants of the Union will hold joint deliberations
before adopting legislation concerning provisions of nationality which give
rise to conflicts between their laws.
In preparing the legislation on citizenship, the Government explained at a
session of the DPR in its reply on the second stage that: "The Government
can give attention to what has been agreed in treaty with other countries, for
example, the Netherlands and China."	·γ>
c-
Until now (January 1954) the preparation of the legislation on this subject has
not been completed.
See article 144.
See also the remarks under article 23.
ARTICLE 6
Residents of the State are those who reside
in Indonesia in accordance with regulations pre-
scribed by law.
This article is derived from article 6 of the RIS Constitution with the
omission of the word "federal."18
SECTION V
FUNDAMENTAL HUMAN RIGHTS AND FREEDOM
ARTICLE 7
1.	Everyone is recognized as a person before the law.
2.	All persons are entitled to equal treatment and
equal protection under the law.
3.	All persons are entitled to equal protection against
discrimination and againtet any incitement to such
discrimination.
4.	Everyone has the right to be given legal assistance
of a real nature by the competent judges against
acts violating the fundamental rights granted to
him by law.
This article is similar to article 7 of the RIS Constitution. The principle
of treating and protecting equally all persons will result in no separate
regulations being issued for the Indonesian, European, or Chinese groups.
The reference to this matter in the UUD does not imperatively demand,
for example, the unification of law. See article 25, paragraph 2.
ARTICLE 8
All persons within the territory of the State are
equally entitled to protection of person and property.
This article is similar to article 8 of the RIS Constitution.
ARTICLE 9
1.	Everyone has the right of freedom of movement
and residence within the borders of the State.
2.	Everyone has the right to leave the country and--
being citizen or resident--to return thereto.
This article is similar to article 9 of the RIS Constitution.
ARTICLE 10
No one shall be held in slavery, servitude or bondage.
Slavery, the slave trade and bondage, and any actions
in whatever form giving rise thereto are prohibited.
This article is similar to article 10 of the RIS Constitution.19
ARTICLE 11
No one shall be subjected to torture, or to cruel,
inhuman or degrading treatment or punishment.
This article is similar to article 11 of the RIS Constitution.
ARTICLE 12
No one shall be arrested or detained unless by-
order of the competent authority and in the cases
and the manner prescribed by law.
This article is similar to article 12 of the RIS Constitution.
ARTICLE 13
1.	Everyone is entitled in full equality to a fair
and just hearing by an impartial judge for the
determination of his rights and obligations
and of any criminal charge against him.
2.	It shall be against (the rules of) humanity that
any be denied the judge assigned to him by the
rules of the law in force.
This article is similar to article 13 of the RIS Constitution.
ARTICLE 14
1.	Everyone charged with a penal offense has
the right to be presumed innocent until proved
guilty according to the law in a public trial at
which he enjoys all the guarantees prescribed
necessary for his defense.
2.	No one shall be prosecuted or sentenced unless
by virtue of a law applicable to him at the time
the penal offense was committed.
3.	In the event of a revision of the law referred to
in the preceding paragraph, the provision
most favorable to the accused shall be applied.
This article is similar to article 14 of the RIS Constitution.
ARTICLE 15
1.	No transgression or crime shall be made
punishable by total forfeiture of the property
of the offender.
2.	No sentence may cause civic death or the loss
of all civic rights.
This article is similar to article 15 of the RIS Constitution.20
ARTICLE 16
1.	Everyone’s home is inviolable.
2.	To enter a compound or a dwelling against the
occupant's will shall only be permitted in those
cases provided in a law applicable to him.
This article is similar to article 16 of the RIS Constitution.
ARTICLE 17
The freedom and secrecy of correspondence are in-
violable except by order of a judge or other authority
declared competent by law and in the cases defined
by that law.
This article is similar to article 17 of the RIS Constitution.
ARTI CLE 18
Everyone is entitled to freedom of religion, conscience,
and thought.
This article is different from article 18 of the RIS Constitution. The pro-
visions of the latter contain rights which are not mentioned in the former,
including: "freedom to change his religion or belief and freedom either
alone or in community with others and in public or private to manifest his
religion or belief in teaching, practice, worship, observance of the com-
mandments and prescriptions and educating children in the faith or belief
of their parents."
In the Explanation to the Draft Provisional UUD of the Republic of Indo-
nesia, it is stated that article 18 and article 43, paragraph 2 are suffi-
cient enough to show recognition of the freedom to adopt one’s own reli-
gion, and that they already include the intention of article 18 of the
"Universal Declaration of Human Rights."
Article 18 of the "Universal Declaration of Human Rights" reads as follows
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
The Government explained, in its reply at the second sitting of the session
of the DPR, that articles 18 and 43 do not place any limits whatsoever upon
proselyting by religions of our country. The Government states that: "the
present article 18 is meant to eliminate any impressions to the effect that
it suggests changes in religion." Thus, articles 18 and 43, paragraph 2,
states the Government, "guarantee freedom to change religion according to
what a person considers best, and no restrictions are placed upon the right
of religious proselyting and the right to educate children in the beliefs of
their parents."21
The Government strongly believes that in the future our state will become
an archipelago where all religions can live in prosperity and peace as a
good example to the world.
Furthermore, it should be noted that No. 7 of the Supplement to the Statute
of the Indonesian-Dutch Union contains a provision similar in content to that
of article 18 of the RIS Constitution. Thus, based upon provision of the
Statute of the Union, freedom to change one’s religion, and so forth, is still
guaranteed in our country.
ARTICLE 19
Everyone has the right to freedom of opinion and
expression.
This article is similar to article 19 of the RIS Constitution.
ARTICLE 20
The right of all residents to freedom of assembly
and association is recognized and shall be
regulated by law.
The contents of this article are slightly different from article 20 of the RIS
Constitution. The wording "peaceful association" in article 20 of the RIS
Constitution is replaced by only the word "association," while the wording
"as far as necessary guaranteed by law" is replaced with the words "shall
be regulated by law."
The Explanation of the Draft UUD explains that, even though the legislation
has not yet been enacted, this right can already be implemented because it
is recognized in the UUD.
In reference to the proposal of a member of the Dewan Perwakilan Rakjat
that the word "regulated" be replaced by ' the word "guaranteed," the
1 Government explained, at the second sitting of a session of the DPR, that
the Constitution already guarantees the right of Assembly, which, of course,
places this guarantee at a higher level than if it were embodied in
legislation (law). The law only regulates the right to assemble in connection
with the provisions found in article 30 of the UUD.
ARTICLE 21
The right to demonstrate and to strike is recog-
nized and shall be regulated by law.
This article contains a new right unknown to the Constitutions of both the
RI and the RIS. The "Universal Declaration of Human Rights" also does not
include the right to demonstrate and strike.
Of the constitutions formed after the conclusion of World War II, take, for
instance, the USSR Constitution that was promulgated on March 19, 1946;
this contains article 125, which, among other items, reads that to meet22
the interests of the working classes and to strengthen the socialist
regime, the citizens of the USSR are guaranteed the freedom to conduct
processions and demonstrations.
In article 40 of the Italian Constitution, promulgated on December 22, 1947,
and in the preamble to the French Constitution promulgated on October 26,
1946, the right to strike is recognized (and) covered in the laws governing
this right.
The Explanation of the Draft UUD also states in reference to the right to
demonstrate and to strike that while laws governing this right have not
been enacted, the right can already be exercised because it is already
recognized in the UUD.
Also, the provisions of the law should be completely in compliance with
the meaning of article 33 of the UUD.
ARTICLE 22
1.	All persons have the right, individually as well
as in association with others, to lodge freely
complaints with the public authorities, either
orally or in writing.
2.	All persons have the right, individually as well
as in association with others, to present petitions
to the public authorities.
This article is derived from article 21 of the RIS Constitution with the
following changes and additions: the words "every person" are replaced
by "all persons." The effect is that the right mehtioned in this article
can be employed either by a person himself or by several persons to-
gether (collectively).
In customary law there is the well-known petition right ("hak pepe"*),
namely the right of the people to forward collectively a matter or a
petition to the authorities.
The words "competent authorities" in article 21 of the RIS Constitution
are replaced by "authorities" because in any system of law the word
"authorities" (Overheid in the Dutch language) carries the connotation
"competent authorities."
Pepe is a Javanese word and means "to sit down in the sun." Thus,
literally the "right to sit in the sun."23
ARTICLE 23
1.	Every citizen has the right to take part in the
government, directly or by means of represen-
tatives freely elected in accordance with a pro-
cedure established by law,
2.	Every citizen shall be eligible for appointment
to any public office. Aliens may be appointed
to public office in accordance with rules laid
down by law.
This article is similar to article 22 of the RIS. Constitution. According
to article 24, paragraph 1, section (a) of the Statute of the Indonesian-
Dutch Union, the nationality or citizenship of one of the participants
will not constitute a barrier in the case of holding public office in the
other participating country with the exception of:
1.	the offices which are responsible to a representative body
unless the law so provides otherwise;
2.	all political, administrative, and judicial offices, and
those with a directive character, which are appointed by
law.
The laws referred to in article 23, paragraph 2 of this UUD and
article 24, paragraph 1 of the Union Statute have not yet (January
1954) been enacted.
The Indonesian Government, as a matter of political policy, can
alw ays determine that a certain office cannot be given to a foreigner
even though a law has not been enacted prohibiting such office from
being filed by a foreigner.
A R T I C L E 24
Every citizen has the right and the duty to take an
active part in the defense of the State.
This article is similar to article 23 in the RIS Constitution, except
that the words "national defense" in article 23 of the RIS Constitution
are replaced by "defense of the State."
The meaning of each is the same, but "State" in this context is more
precise than "national."
Compulsory bearing of arms has not yet (January 1954) occurred
in Indonesia,
ARTICLE 25
1„ The authorities shall not attach any advan-
tages or disadvantages to the fact that citizens
belong to a particular group of the population.
2. Differences in social and legal needs of the
various groups of the population shall be taken
into consideration.24
This article is the same as article 24 of the RIS Constitution.
Paragraph 1 of this article agrees with the contents of article 7, para-
graph 2, which prohibits racial discrimination and forbids differential
treatment because of color, religion, or origin.
What is meant by differences in social and legal needs as noted in para-
graph 2 of this article refers to the differences that already prevail.
This is not intended to create new differences; quite the contrary. The
Explanation of the Draft Provisional UUD states that the intention is to
eliminate or at least alleviate them for the development of the commu-
nity. It is apparent from paragraph 2 that the UUD does not demand the
unification of the law.
The differences in the legal needs between the group of the indigenous
Indonesians and the group of Europeans who acquire Indonesian citizen-
ship are apparent in the area of family law.
ARTICLE 26
1.	Everyone has the right to own property individually
as well as in association with others.
2.	No one shall be arbitrarily deprived of his property.
3.	The right to property is a social function.
Paragraphs 1 and 2 of this article are the same as paragraphs 1 and 2
of article 25 of the RIS Constitution.
Paragraph 3 of this article contains a provision not found in either the
RIS or the RI Constitution.
The social function of property rights, as explained in the Explanation
of the Draft UUD, clearly contains the understanding that such rights
may not be employed (or permitted) to the detriment of the community.
The RIS Government (Prime Minister Hatta) in its reply at the sitting of
the first session of the DPR explained that property right (eigendom) is
not power (macht) but social obligation (sociale plicht). If a person who
owns some property does not use it for the general interest, when the
society so desires, then the Government has the right to use that property
for the general welfare.
The Government, in its reply at the sitting of the second session of the
DPR, stated that the intent of the formulation of article 26, paragraph 3
was to have the same meaning as the "right of property has a social
function."
Article 42, paragraph 2, of the Italian Constitution prowdes that "private
property" is recognized and guitranteed by laws which regulate the pro-
cedures to acquire property (as well as) the use and restriction of this
right so that social function can be guaranteed.25
The Bonn Constitution (West Germany) promulgated in 1948-1949, in article
14, paragraph 2--which is in line with the contents of article 153, paragraph
3 of the Weimar Constitution proclaimed on August 11, 1919, and continued
by the Nazi Government with, only a few changes--provided that: "Property
shall involve obligations. Its use shall simultaneously serve the general
welfare." In other words, the German Constitution also emphasizes the
social function of property rights.
ARTICLE 27
1.	Expropriation of any property or right for the gen-
eral benefit cannot take place, except with indemni-
fication and in accordance with regulations as
established by law.
2.	If any property has to be destroyed by public auth-
ority or has to be rendered useless either perma-
nently or temporarily for the general benefit, such
actions can only be taken with indemnification and
in accordance with regulations as established by
law, unless this law prescribes to the contrary.
This article is similar to article 26 of the RIS Constitution.
ARTICLE 28
1.	Every citizen, according to his ability, has the
right to such employment as is worthy of human
beings.
2.	Everyone has the right to free choice of occupa-
tion and to just conditions of employment.
3.	Everyone has, under equal conditions, the right
to equal pay for equal work and to equally
favorable labor contracts.
4.	Everyone who works has the right to a just re-
numeration, ensuring an existence worthy of
human dignity for himself and his family.
This article improves on article 27 of the RIS Constitution by in-
cluding some words of article 27, paragraph 2 of the Republic of
Indonesia UUD, The result of this hew formulation is found in
paragraph 1 of this article: "Every citizen, according to his ability,
has the right to such employment as is worthy of human beings."
ARTICLE 29
Everyone has the right to form and join trade unions
for the protection and promotion of his interests.
This article is similar to article 28 of the RIS Constitution except that it is
the right of every man not only to protect but also to promote his
interest.26
ARTICLE 30
1.	Every citizen is entitled to education.
2.	The choice of education is free.
3.	Teaching is free, except for the supervision to be exer-
cised by public authority in accordance with the law.
Paragraph 1 of this article is derived from article 31, paragraph 1 of the
Republic of Indonesia UUD.
Paragraph 2 of this article is the same as article 29, paragraph 2 of the
RIS Constitution.
Paragraph 3 of this article is the same as article 29, paragraph 1 of the
RIS Constitution.
ARTICLE 31
The freedom to perform social and charitable work,
to found organizations for this purpose, as well as
for private education and to acquire and own property
for these ends, is recognized subject to the supervi-
sion by public authority in accordance with the law.
This article is the same as article 30 of the RIS Constitution, with the
addition that this frfcedom does not necessarily reduce the supervision
by public authority in accordance with arrangements established by law.
ARTICLE 32
Everyone in the territory of the State owes obedience
to the law, including the unwritten law, and to the
public authorities.
This article is the same as article 31 of the RIS Constitution except that
the words ’’lawful and lawfully acting public authorities" are changed in-
to "public authorities."
The RIS Government explained in its reply at the second sitting of a
session of the DPR that the words "public authorities" already imply
"lawful authority," and every public authority must act lawfully. There-
fore, obedience to public authorities in itself implies "obedience to
lawful and lawfully acting public authorities."
Unwritten law refers to law not enacted by a legislative body ("unstatu-
tory law"*), i. e., the law arising from conventions of the state legal
bodies (Parliament, regional legislative conncils, and so forth), law
which emerges from judicial decisions ("judge-made law"), and cus-
*Original text.27
tomary law found in the community: in short, hukum adat (customary law)
in the sense that it is used in the study of law. Also see article 104,
paragraph 1 which deals with customary law.
ARTICLE 33
The limitations on the exercise of rights and free-
doms described in this section can only be imposed
by regulations as established by law, exclusively
for the purpose of securing the indispensible recog-
nition and respect for the rights and freedoms of
others and to comply with the just requirements of
public order, morality, and welfare in a democratic
community.
This article has the same meaning as article 32 of the RIS Constitution. It
clearly imposes limitations which may not be infringed upon by the enact-
ment of law when this will regulate further the rights and the freedoms con-
tained in this section.
The Explanation of the Draft Provisional UUD explains that among other
things this article determines that the restriction of a right may not be im-
posed arbitrarily or by invoking discrimination among the various religions.
This article is in accordance with article 29, paragraph 2 of the "Universal
Declaration of Human Rights."
ARTICLE 34
No provision in this section may be interpreted as
implying for any public authority, group or person
any right to engage in any activity or to perform any
act aiming at the destruction of any of the rights or
freedoms set forth herein.
This article is the same as article 33 of the RIS Constitution and is also in
accordance with article 30 of the "Universal Declaration of Human Rights."
SECTION VI
FUNDAMENTAL PRINCIPLES
ARTICLE 35
The will of the people is the basis of public authority.
This will is expressed in periodic and genuine elec-
tions which are held by universal and equal suffrage
and by secret vote or by equivalent free voting pro-
cedure.
This article is the same as article 34 of the RIS Constitution except the
words "elections which are held where possible by universal suffrage" are
replaced by "are held by universal suffrage." The words "where possible"
are omitted.28
This article is in accordance with article 21, paragraph 3 of the "Univer-
sal Declaration of Human Hights."
ARTICLE 36
The authorities shall promote social security and
social guarantees, and particularly the securing and
guaranteeing of favorable conditions of labor, the pre-
venting and combating of unemployment and the estab-
lishing of old-age provisions and the care for widows
and orphans.
This article, with some grammatical improvements, has the same con-
tents as article 35 of the HIS Constitution.
ARTICLE 37
1.	The raising of the people’s prosperity is an object
of continuous concern of the authorities, who
shall at all times aim at ensuring to everyone a
standard of living worthy of human dignity for him-
self and his family.
2.	Except for restrictions to be imposed by law for
the general benefit, the opportunity shall be given
to all, in accordance with their nature, aptitude,
and ability to take part in the development of the
sources of welfare of the country.
3.	The authorities shall prevent, in accordance with
rules to be determined by law, the existence of
private monopolistic organizations which are harm-
ful to the national economy.
Paragraph 1 of this article, with some grammatical improvements, is the
same as article 36, paragraph 1 of the RIS Constitution, which positively
provides--so states the Explanation of the Draft Provisional UUD--that
the Government is obliged to make changes (improvements) in the economy
of the State in order to guarantee a better standard of living for every Indo-
nesian citizen.
Paragraph 2 of this article is equivalent to article 36, paragraph 2 of the
RIS Constitution.
Paragraph 3 of this article provides for a new fundamental principle not
included in either the RIS Constitution or the Republic of Indonesia Consti-
tution.
The Government stated in its reply at the session of the DPR (Eirst sitting)
that any monopoly contrary to the interests of-the people must be prohibited.
All that has connection with the well-being of the people must be
regulated by the Government; thus, every monopoly which is detrimental
to the people’s interest shall also be resisted.29
ARTICLE 38
1.	The economy shall be organized on a coopera-
tive endeavor based upon the principle of the
family relationship (azas kekeluargaan).
2.	Branches of production of importance to the
State and which vitally affect the life of the
people shall be controlled by the State.
3.	Land and water and the natural riches contained
therein shall be controlled by the State and used
for the maximum prosperity of the people.
This article is derived from article 33 of the UUD of the Republic of Indo-
nesia, The contents of both of these articles are the same.
Article 33 of the UUD of the Republic of Indonesia, indeed, may be regarded
as one of the essential articles, and, according to the Charter of Agreement
between the RIS-RI, this article must be included in the UUD of the Unitary
State of the Indonesian Republic.
The Government, in its reply on the report of the Reporting Committee of the
DPR, on August 3, 1950, stated that because of this article, and also article
37, the economy of our country is not founded upon a liberal economy; in
fact, it is opposed to liberalism.
In the Draft UUD prepared by the Joint Committee of the RIS-RI, it was pro-
posed that basic regulations concerning import, export, and transit be deter-
mined by law (article 88 Draft UUD of this Committee). The Government
explained, in its reply to the report of the Reporting Committee of the DPR
on August 3, 1950, that it could not adopt this proposal because of the present
cripplied conditions; furthermore, the management of State economic
affairs does not only concern import, export, and transit. The proposal by
the Committee would only weaken the purpose and importance of article 38,
which serves as a fundamental principle of the State’s economy.
In the Explanation of the Draft Provisional UUD, it is explained that this
article encompasses, among other things, the meaning that all of the goods
handled and produced, whether they are agricultural or industrial, are used
especially to satisfy the needs of the people. In this case it is necessary to
explain clearly that the meaning of the term ’’branches of production” not
only includes production in the intent of producing goods but also embraces
transportation, distribution, circulation, and commerce (exchange), either
within the country or abroad. The word ’’controlled” implies the regulation
and/or the carrying out (of these affairs), especially for improving and in-
creasing production with special attention given to developing cooperative-
type endeavors.30
ARTICLE 39
1.	The family is entitled to protection by the society
and the State.
2.	The State shall provide for the needs of the poor and
the uncared-for children.
Paragraph 1 of this article is the same as article 37 of the RIS Constitu-
tion. See article 16, paragraph 3 of the "Universal Declaration of Human
Rights," which states: "The family is the natural and fundamental group
unit of society and is entitled to protection by society and the state." The
intent of article 39, paragraph 1 of this UUD is nothing other than to
protect the family as a social unit.
Paragraph 2 of this article is derived from the UUD of the Republic of
Indonesia and has the same wording as article 34 of the UUD of the
Republic of Indonesia.
ARTICLE 40
The authorities shall protect the exerting of cultural,
artistic, and scientific freedom. Upholding this prin-
ciple, the authorities shall promote to the best of their
ability, the development of the nation in culture, art
and science.
This article is the same as article 38 of the RIS Constitution.
ARTICLE 41
1.	The authorities shall promote the spiritual and
physical development of the people.
2.	The authorities shall in particular aim at the
speediest possible abolition of illiteracy.
3.	The authorities shall satisfy the need of public
education, which shall have for its basic objects
the deepening of national consciousness, the
strengthening of the unity of Indonesia, the stimu-
lation and deepening of the sense of humanity, of
tolerance and of equal respect for everyone’s reli-
gious conviction and the provision within school
hours of the opportunity for religious teaching in
accordance with the wishes of the parents.
4.	As concerns elementary education, the authorities
shall aim at a speedy introduction of general com-
pulsory education.
5.	The pupils of the private schools which comply with
the standards of efficiency imposed by law from31
public education, have the same rights as
accorded to pupils of public schools.
The contents of this article, with some grammatical improvements and re-
arrangement of paragraphs, are the same as article 39 of the RIS Constitu-
tion. At this time (January, 1954) the Government has presented a draft
law to the DPR providing that Statute No. 4, 1950, of the RI (Jogjakarta)
concerning basic education and instruction in the schools should be enacted
to cover the entire area of the Republic of Indonesia. Such a provision is
considered necessary by the Government to provide a foundation for a uni-
form organic law applicable to every type of school, and to determine the
type cf Government Regulation concerning subsidy for private schools.
The Government intends to establish a committee of educationalists who will
be given the task of drafting quickly a new basic statute on education and
instruction which is more complete than law No. 4, 1950, of the RI
(Jogjakarta).
ARTICLE 42
The promotion of public hygiene and public health
shall be an object of continuous concern of the
authorities.
This article is the same as article 40 of the RIS Constitution.
ARTICLE 43
1.	The State is based on the belief in the Divine
Omnipotence.
2.	The State guarantees the freedom of every resi-
dent to profess his own religion and to worship
according to his religion and belief.
3.	The authorities shall give equal protection to all
recognized religious denominations and organi-
zations. Aid in any form given by the authorities
to ministers of religion and to religious denomi-
nations or organizations shall be rendered on the
basis of equality.
4.	The authorities shall ensure that all religious de-
nominations and organizations shall obey the law,
including the unwritten law.
Paragraph 1 repeats what has already been stated in the Preamble.
With reference to the historical interpretation, the belief in a Divine Omni-
potence does not mean that the Indonesian Nation only believes in a Supreme
Being,, but each Indonesian, according to his desires, believes in a Supreme
Beifigl Those who are Christians worship God according to the instructions
of Jesus Christ; those who are Moslems believe in God as explained by32
the Prophet Mohammad; and those who are Buddhists follow the religious
duties prescribed in their scriptures. (See the Birth of Pantjasila, 1949,
second edition: speech of Bung Karno in the June I, 1945, session of the
Body for the Investigation of Preparations for Indonesian Independence}
Paragraph 2 of this article agrees with the above principle.
Paragraphs 1 and 2 of this article are derived from article 29, paragraphs
1 and 2 of the UUD of the Republic of Indonesia.
The first parts of paragraph 3 and paragraph 4 of this article are derived
from article 41, paragraphs 1 and 2 of the RIS Constitution.
The second part of paragraph 3 of this article puts forth a new principle,
which again reiterates the principle of equal rights for all religions in the
life of the State.
See the remarks under article 18. The RIS Government, before a session
of the DPR, explained that article 18 and article 43, paragraph 2 guar-
anteed the freedom for a person to change his religion to what he felt best,
and these articles impose no restrictions upon the right of religious
proselyting and educating children in accordance with the beliefs of their
parents.
The intent of article 18 of the ’’Universal Declaration of Human Rights” is
already embodied in article 18 and article 24, paragraph 2 of this
Constitution.
CHAPTER II
ORGANS OF THE STATE
General Provisions
ARTICLE 44
The organs of the State are:
a.	The President and the Vice-President;
b.	The Ministers;
c.	The Council of the People’s Representatives
(Dewan Perwakilan Rakjat);
d.	The Supreme Court (Mahkamah Agung);
e.	The Financial Audit Council (bewan Pengawas
Keuangan).
The UUD of the Unitary State established the office of the Vice-President,
which was not provided for in the RIS Constitution, the tasks and duties of
which are prescribed in article 45, paragraph 2 and article 48.
The UUD of the Republic of Indonesia also established the office of Vice-
President. Because this Constitution provided for a presidential system, the
office of Vice-President was, therefore, a fitting and proper position.33
The UUD of the RI Unitary State establishes a system where the cabinet is
held responsible. Nevertheless, the Office of the Vice-President is
created and "no longer constitutes a problem"--as states the Government
in an answer to the report of the Reporting Committee of the DPR dated
August 3, 1950--as this is the result of the discussions of the RIS-RI
Governments which culminated in the establishment of the Office of "Vice-
President" in the Provisional Constitution.
The Ministers, as covered in this article, stated the Government in its reply
of August 3, 1950, to the report of the DPR Reporting Committee, are each
of the individual Ministers or all of the Ministers who meet in the Council
of Ministers.
This UUD does not acknowledge the Senate (RIS Constitution) and the
Supreme Advisory Council (Republic of Indonesia UUD),
According to the Explanation of the Draft Provisional UUD, the Senate as
an institution representing the Component Territories (article 80, para-
graph 1 of the RIS Constitution) is abolished because Component Territories
are not found within a Unitary State.
Why the Supreme Advisory Council was not established is not explained in
any official document. However, no parties were willing to defend such a
body because daily state affairs proved that there was no need for such a
C ouncil.
SECTION I
THE GOVERNMENT
ARTICLE 45
1.	The President is the Head of State.
2.	In the exercise of his duties the President is
assisted by a Vice-President.
3.	The President and the Vice-President are
elected in accordance with rules to be laid
down by law.
4.	For the first time the Vice-President is ap-
pointed by the President upon the recommenda-
tions submitted by the Dewan Perwakilan Rakjat.
5.	The President and the Vice-President must be
Indonesian citizens who have attained the age of
30 years and have not been debarred from suf-
frage or from the exercise thereof, nor have
been deprived of the right to be elected.
The President is President Soekarno,34
Asa further development of the Republic of Indonesia based upon the
proclamation of August 17, 1945, the realization of the Unitary State does
not mean the establishment of a new State, but rather is only an internal
structural change in a State which was earlier federal and is now unitary.
In reference to this situation, the provision of article 141, paragraph 3,
which provides that the present authorities and instrumentalities remain
in force until replaced with others in accordance with the UUD, is correct.
The President of the RIS is an instrumentality of the State which is already
in force. It stands to reason, therefore, that the President of the RIS be-
comes the President of the Unitary State of the RI, until he is replaced in
accordance with the UUD Article 45, paragraph 3 requires that the elec-
tion of the President and the Vice-President be governed according to law.
If this law has not been enacted at the time the Constitutional Assembly
convenes, the President and the Vice-President will remain in office until
this UUD is no longer in force, i. e. , until a new UUD proclaimed by the
Constituent Assembly replaces this Provisional UUD. According to the
Explanation of the Draft Provisional UUD, the conception of the RIS and
RI Governments is that the President and the Vice-President will not be re-
placed before the permanent UUD has been drawn up by the Constituent
Assembly.
The UUD does not require the appointment of the Vice-President at the
time the UUD takes effect. The time for the appointment of the first
Vice-President can be determined solely by the President and the DPR.
See the remarks under article 48.
Race-discrimination concerning the election of the President as found in
both the UUD of the Republic of Indonesia and the Constitution of the RIS
is abolished in this UUD. The President and the Vice-President must be
Indonesians citizens; they need not be citizens of indigenous origin.
According to Presidential Decree No. 27, October 16, 1950, Dr.
Mohammad Hatta, upon the recommendation of the DPR, was appointed
Vice-President by the President.
ARTICLE 46
1.	The President and the Vice-President reside in
the place where the seat of the Government is
established.
2.	The seat of the Government is established at
Djakarta, unless in cases of emergency the Gov-
ernment designates another place.
Paragraph 1 of this article is the same as article 70 of the RIS Consti-
tution.
Paragraph 2 of this article has the same meaning as article 68, para-
graph 3 of the RIS Constitution, the word ’’capital" in front of "Djakarta"
being omitted.35
ARTICLE 47
Before assuming office, the President and the Vice-
President take the following oath (make the following
declaration) in accordance with their religious be-
liefs, in the presence of the Bewan Perwakilan Rakjat:
I swear (declare) that I have neither directly nor
indirectly under whatever name or pretence given or
promised, nor shall give anything to anyone whoever
he may be in order to be elected President (Vice-
President) of the Republic of Indonesia.
I swear (promise) that I shall never accept from
anybody whoever he may be any promise or gift in
order to act or to abstain from acting in the execu-
tion of this office.
I swear (promise) that I shall promote to the best
of my ability the welfare of the Republic of Indonesia,
and protect and maintain the general and special
freedoms and rights of all inhabitants of the State.
I swear (promise) loyalty to the Constitution and
I swear (promise) that I shall always observe the
laws and regulations of the Republic of Indonesia,
that I shall be loyal to the Country and the Nation,
and that I shall loyally fulfill all duties which the Office
of Head of State (Deputy Head of State) imposes upon
me, as behooves a good Head of State (Deputy Head of
State).
The content of the oath in this article is in general the same as that of
article 71 of the RIS Constitution. The words of article 71 of the RIS
Constitution, "faithfully serve the Country and the People and the State,"
are replaced in this article by "loyal to the Country and Nation."
In the preparation of the UUD certain persons stated that "loyal" had the
same meaning as "faithfully serve." The word "serve" is not considered
proper in a democratic State. The words "Country" and "Nation" are con-
sidered to include the term "State."
The problem arose in the session of the DPR on September 19 and 20
whether or not President Soekarno must again be sworn in according to
article 47 in order to carry out the affairs provided for in the new UUD.
The DPR determined on September 20, 1950, that President Soekarno
must take the oath in a general session of the DPR.
The requirement for taking the oath (of office) is not based upon legal rea-
sons, because every action of the President is considered legal, even though
he has not yet been sworn in according to article 47 of the UUD; rather it
is based upon political and psychological reasons.
President Soekarno as President of the RIS was sworn in under the federal
oath, whereas it is now considered necessary for him to take the unitary
oath.36
On October 25, 1951, President Soekarno and Vice-President Mohammad
Hatta were sworn in before a general session of the DPR.
From a juridical point of view, certainly President Soekarno does not
need to be sworn in again because he represents an instrumentality of
the State existing at the time when the RIS was transformed into the
Unitary State of the RI. He continues in the Office of President in view
of his being sworn in upon the establishment of the RIS.
We have already explained (see the remarks under article 45) that the
formation of the Unitary State only meant an internal change in the State
structure and was not intended to establish a new State, The reswearing
in of the President according to article 47 of the UUD may only be con-
sidered as a mere formality to satisfy the political feelings of the
people.
ARTICLE 48
In the event of death, removal, or inability to exer-
cise the duties of his office, the President is suc-
ceeded by the Vice-President until the completion
of the President’s unexpired term of office.
This article reads the same as article 8 of the UUD of the Republic of
Indonesia. The meaning of this article is that, in case such an event
occurs, the Vice-President will hold the Office of President until the
time that the Office of the President is refilled.
According to article 45, paragraph 2 the President, if circumstances
compel, can order the Vice-President to assume the daily affairs of the
President’s Office. This UUD does not provide the possibility for the
President to delegate daily official affairs to the Prime Minister (as is
the case in article 72, paragraph 1 of the RIS Constitution) or to other
high officials if the Vice-President is not available.
ARTICLE 49
Any Indonesian citizen who has attained the age of 25
years and who has not been debarred from suffrage
or from the exercise thereof, nor has been deprived of
the right to be elected, is qualified for appointment as
Minister.
This article is the same as article 73 of the RIS Constitution,
ARTICLE 50
The President forms the Ministries.
The first cabinet of the Unitary State of the Republic of Indonesia con-
sisted of:37
1.	Prime Minister.
2.	Vice-Prime Minister, who currently serves as
Coordinator of Internal Security.
3.	Minister of Foreign Affairs.
4.	Minister of Defense.
5.	Minister of Home Affairs.
6.	Minister of Justice.
7.	Minister of Information.
8.	Minister of Finance.
9.	Minister of Commerce and Industry.
10.	Minister of Agriculture and Fisheries.
11.	Minister	of Education, Instruction,	and Culture.
12.	Minister	of Social Affairs.
13.	Minister	of Labor.
14.	Minister	of Communication and	Transportation.
15.	Minister of Power, Public Works, and Development.
16.	Minister of Health.
17.	Minister of'Religion.
18.	Minister of State (no portfolio).
The composition of the RIS cabinet did not include a Vice-Prime
Minister. Furthermore, under the structure of the RIS the Ministry
ofaCommerce and Industry and the Ministry of Agriculture and
Fisheries were placed into one Ministry of Welfare, and the Minis-
try of Communication and Transportation and the Ministry of Power,
Public Works, and Development were placed into one Ministry of Com-
munication and Public Works.
The Wilopo cabinet, inaugurated on April 3, 1952, also consisted of a
Prime Minister, a Vice-Prime Minister, 15 ministers who were heads
of Ministries, and one Minister of State responsible for personnel affairs.
The title of the Ministry of Commerce and Industry was subsequently
changed to the Ministry of Economy. During the month of May the Min-
istry of Personnel Affairs was abolished and the division of personnel
affairs was placed under the leadership of the Prime Minister.
The number of the Ministries has not been determined but this need not be
prescribed by law. However.it is necessary to secure Parliament’s
agreement, since the State budget must be approved by Parliament
(article 113).
The Ali Sastroamidjojo-Wongsonegoro cabinet (formed on August 1, 1953)
had two Vice-Prime Ministers and two State Ministers (for Agrarian
Affairs and for State Welfare Affairs).
ARTICLE 51
1. The President appoints one or more Cabinet
formateurs.38
2.	In accordance with the recommendation of the
Cabinet formateur(s) the President appoints the
Prime Minister and the other Ministers, the
Prime Minister being one of the Cabinet formateurs.
3.	In accordance with the recommendation of the Cab-
inet formateur(s) the President appoints the Ministers
for the respective Ministries. The President may
appoint Ministers without portfolio.
4.	The Presidential decrees containing the appoint-
ment referred to in the paragraphs 2 and 3 of this
article are countersigned by the cabinet forma-
teur(s).
5.	Interim appointment or resignation (discharge)
of Ministers is effected by Presidential decree
(likewise resignation of the Cabinet),
This article is in general the same as article 74 of the RIS Constitution.
The words "Government decree" in this latter article are replaced by
"Presidential decree." All of the RIS Government decrees in practice
were already issued as Presidential decrees.
At the time of the formation of the Natsir cabinet (the first cabinet of the
Unitary State), Parliament (the session of October 1950) discussed the
problem of the responsibility of the formateur(s) of the Cabinet.
The President is not responsible to the Parliament (article 83, paragraph
1). Furthermore, the "Cabinet Organizer" who becomes Prime Minister
or Minister in the new cabinet cannot free himself from his responsibility
concerning all that took place in the formation of that cabinet.
ARTICLE 52
1.	The Ministers shall meet in the Council of Minis-
ters under the chairmanship of the Prime Minister,
or, in case the Prime Minister is prevented, of
one of the Ministers appointed by the Countil of
Ministers, to discuss jointly the general interests
of the Republic of Indonesia.
2.	The Council of Ministers continuously informs
the President and the Vice-President of all
matters of importance.
The Ministers individually are under the same
obligation in respect of matters pertaining in
particular to their offices.
This article is in general the same as article 76 of the RIS Constitution.39
This UUD does not grant to the Ministers special positions* such as found
in article 75 of the RIS Constitution.
During the eight months of the RIS Government, the special positions re-
ferred to in article 75 of the RIS Constitution were never put into practice.
There has never been, for example, any session or decision of all
Ministers who had special position.
The position of the Prime Minister of the Republic of Indonesia, according
to the UUD, is generally the same as the Prime Minister in the Netherlands,
i. e., the Chairman of the Council of Ministers is only primus inter pares
among his ministerial colleagues.
The Prime Ministers of England and Japan are the head of all ministers.
Article 68, paragraph 2 of the Japanese Constitution (1946) reads: "The
Prime Minister may remove the Ministers of State as he chooses."
Article 95 of the Italian Constitution (1947) and article 65 of the German
Constitution (1949) provide that the Prime Ministers shall direct the general
policy of the Government and assume the responsibility thereof. Also, the
French Prime Minister has a special position. He appoints civil officials
and military officers and leads the armed forces, as well as coordinating
all efforts necessary for national defense (article 47, French Constitution,
1946).
ARTICLE 53
Before assuming their offices, the Ministers
shall take the following oath (make the following
declaration) before the President, in accordance
with their religious beliefs:
I swear (declare) that I have neither directly nor
indirectly under whatever name or pretence given
or promised, nor shall give anything to anyone,
whoever he may be, in order to be appointed
Minister.
I swear (promise) that I shall never accept from
anybody whoever he may be any promise or
gift in order to act or to abstain from acting in the
execution of this office.
I swear (promise) loyalty to the Constitution,
that I shall observe all laws and regulations of the
Republic of Indonesia, that I shall promote to the
*According to article 75, paragraph 3 of the RIS Constitution,
the meaning of "special position" is as follows:
"The Ministers with a special position are jointly
authorized to take decisions in urgent and in emergency
cases, which decisions shall substitute with equal
validity for the decisions of the cabinet in Pleno. In
taking their decisions they will seek unanimity."40
best of my ability the welfare of the Republic of
Indonesia, that I shall be loyal to the Country and
to the Nation, and loyally fulfill all duties the
Office of Minister imposes upon me.
The content of this oath is generally the same as found in article 77 of the
RIS Constitution. Here the wo^ds "faithfully serve" are replaced by
’*loyal." The words "Country and People and State" are replaced by
"Country and Nation,"
ARTICLE 54
The salaries of the President, of the Vice-President,
and of the Ministers, and also the allowances for
traveling expenses and possible other compensations
shall be regulated by law.
This article is the same as article 78 of the RIS Constitution. Until now
(January 1954) the case of the salary of the President and so forth has not
been arranged according to law, but has been effected by Government
Regulation No. 37, 1952, State Gazette No. 54/1952 (which amended
Government Regulations No. 4, 1950, and No. 26 and No. 27, 1950).
ARTICLE 55
1.	The Offices of the President, the Vice-President
and the Ministers are incompatible with the
exercise of any other public office inside or out-
side the Republic of Indonesia.
2.	The President, the Vice-President, and the Min-
isters shall neither directly nor indirectly partici-
pate in, or stand surety for any enterprise based
upon an agreement for profit concluded with the
Republic of Indonesia or any autonomous area of
Indonesia.
3.	They shall not hold any claims on the Republic of
Indonesia except public debentures.
4.	The provisions of paragraphs 2 and 3 of this article
remain applicable for them until three years after
their resignation.
This article is the same as article 79 of the RIS Constitution.41
SECTION II
DEWAN PERWAKILAN RAKJAT
ARTICLE 56
The Dewan Perwakilan Rakjat represents the entire
Indonesian people and consists of a membership the
number of which is determined on the basis of one
representative to every 300, 000 residents of Indo-
nesian citizenship, without prejudice to the provision
in the second paragraph of article 58.
See article 98 of the RIS Constitution.
Aceiyrding-to the Explanation of the Draft Provisional UUD, the Government
considers a Dewan Perwakilan Rakjat with a total membership of approxi-
mately 250, based upon one representative for every 300, 000 residents; to
be most suitable for a nation of approximately 75, 000, 000. According to
article ' 33'of the General Election Law, April 7, 1953, Number 7/1953,
State Gazette Nt>. 29/1953, the total membership of the Dewan Perwakilan
Rakjat was determined by the Indonesian Electoral Committee by dividing
300, 000 into the total resident population of entire Indonesia.
Each election district is guaranteed three seats.
ARTICLE 57
The members of the Dewan Perwakilan Rakjat
are elected in a general election by Indonesian
citizens who fulfill the conditions, and in accor-
dance with rules practised by law.
The general election law was promulgated on April 7, 1953, State Gazette
No. 29/1953, as Statute No. 7/1953. This law regulates the election of the
members of the Constituent Assembly and the Dewan Perwakilan Rakjat.
According to this law, the members of the Constituent A ssembly and the
Dewan Perwakilan Rakjat are elected by Indonesian citizens who have
reached in the election year eighteen years of age or have been previously
married.
The territory of Indonesia is divided into 16 election districts. West
Irian constitutes one election district. The election will be direct (not in
stages).
In regions where certain circumstances prevent the carrying out of the
election (i. e., West Irian), the Government can appoint persons who know
the actual situation and whose origin is of that area as members of the
Constituent Assembly or the Dewan Perwakilan Rakjat. This appointment
remains valid until members of the election district have been subsequently
elected.42
ARTICLE 58
1.	The Chinese, European, and Arab minority groups
shall be represented in the Dewan Perwakilan
Rakjat by at least 9, 6, and 3 members respectively.
2.	If these numbers are not attained by election in
accordance with the law as referred to in article 57,
the Government of the Republic of Indonesia shall
appoint additional lepresentatives of these minorities.
The number of the membership of the Dewan
Perwakilan Rakjat referred to in article 56 shall
then, if necessary, be increased by the number of
these appointments.
The content of this article is the same as article 100 of the RIS Consti-
tution.
The inclusion of this article, so states the Explanation of the Draft Pro-
visional UUD, is not meant to continue the existence of minorities within
the democratic Indonesian state; the goal of our state is that all national-
ities make up one homogeneous Nation. Because of the reality that at
this time nationalities still exist, it is necessary that they be guaranteed
representatives in the Dewan Perwakilan Rakjat.
Those who belong to minority groups are citizens. Dutch and other
Europeans, Chinese, and Arabs who are not citizens are not included
in the minority groups. They are foreigners.
Article 136 of the General Election Law No. 7/1953 provides that the
Government appoints members co the Dewan Perwakilan Rakjat
according to the .desires of the respective groups,
ARTICLE 59
The members of the Dewan Perwakilan Rakjat are
elected for a term of four years.
They resign together and are thereafter eligible for
re-election.
ARTICLE 60
Indonesian citizens who have attained the age of 25
years and who have not been barred from suffrage
or from the exercise thereof and who have not been
deprived of the right to be elected, can be members
of the Dewan Perwakilan Rakjat.
This article is the same as article 101 of the RIS Constitution.43
ARTICLE 6l
1.	Membership of the Dewan Perwakilan Rkkjat
is incompatible with the offices of President,
Vice-President, and Attorney-General; of
President, Vice-President, or member of
the Supreme Court; of Chairman, Vice-
Chairman or member of the Financial Audit
Council; of President of the Bank of Issue;
and with the holding of offices to be deter-
mined by law.
2.	A member of the Dewan Perwakilan Rakjat who
simultaneously holds the office of Minister,
is not allowed to exercise his rights or fulfill
his duties as a member of said body as long as
he holds the office of Minister.
3.	Members of the Armed Forces who are in
active service and who accept membership
of the Dewan Perwakilan Rakjat shall auto-
matically become non-active during their
membership. After resigning as a member,
they will enter active service again.
A member of the DPR who becomes a Minister does not lose his position in
the DPR. He only becomes non-active while he occupies the Office of
Minister. This provision is in keeping with the one in force in the RI, but
is different from the provision of article 91 of the RIS Constitution which
states that holding the office of Minister is incompatible with membership
in the DPR.
As far as members of the Armed Forces are concerned, this UUD already
provides that they become non-active when they become members of the
DPR. As for civil servants, everything must still be laid down by law.
ARTICLE 62
1.	The Dewan Perwakilan Rakjat elects from its
members a Chairman and one or more Deputy
Chairmen. These elections require confirma-
tion by the President.
2,	Prior to such confirmation by the President
the oldest member in age temporarily presides
over the meeting.
This article is the same as article 103 of the RIS Constitution. At
this time (January, 1954) the DPR has three Vice-Chairmen.44
ARTICLE 63
Before assuming their office, the members of the
Dewan Perwakilan Rakjat take the following oath
(make the following declaration) in accordance with
their religious belief before the President or the
Chairman of the Dewan Perwakilan Rakjat, authorized
for this purpose by the President:
I swear (declare) that I have neither directly nor
indirectly under whatever name or pretence given or
promised, nor shall give anything to anyone whoever
he may be, in order to be elected a member of the
Dewan Perwakilan Rakjat.
I swear (promise) that I shall never directly or
indirectly accept from anybody whoever he may be
any promise or gift in order to act or to abstain from
acting in the execution of this office.
I swear (promise) that I shall always assist in
keeping the Constitution and the laws and regulations
of the Republic of Indonesia, that I shall promote with
all energy the welfare of the Republic of Indonesia,
and that I shall be loyal to the Country and to the
People.
This article is generally the same as article 104 of the RIS Constitu-
tion. The phrase "serve with all energy" in article 104 of the RIS
Constitution is replaced by "promote with all energy." The words
"the Country and the People and the State" are replaced by "the
Country and the People,"
ARTICLE 64
In the meetings of the Dewan Perwakilan Rakjat, the
Chairman calls upon the Ministers to speak whenever
they intimate the wish to address the Council.
This article does not contain the provision found in article 105 of the RIS
Constitution that ministers can sit in the DPR with an advisory voice.
In practice this provision has no other meaning than that all ministers
have the opportunity to speak when and every time they desire. Thus,
the article of this UUD is in accordance with actual practice. Ministers
may attend either open or closed meetings of the DPR.
ARTICLE 65
1.	The Dewan Perwakilan Rakjat convenes whenever
the Government so desires or whenever the Chair-
man or at least one-tenth of the membership of
the Dewan Perwakilan Rakjat considers meeting
necessary.
2.	The Chairman convenes the Dewan Perwakilan Rakjat.45
The meaning of this article is the same as that of article 106 of the RIS
Constitution. As found in article 106 of the RIS Constitution, 15 members
constitute 10 per cent of the total membership of the DPR of the RIS.
ARTICLE 66
1.	The meetings of the Dewan Perwakilan Rakjat
are public unless the Chairman considers
meeting behind closed doors necessary or at
least 10 members so demand.
2.	After the closing of doors, the meeting de-
cides whether or not the discussions shall
actually be held behind closed doors.
3.	Decisions on affairs discussed in closed
meetings may also be taken behind closed doors.
Paragraph 1 of this article is the same as article 107 of the RIS Constitution.
Paragraphs 2 and 3 of this article are taken from article 88, paragraphs
2 and 3 of the RIS Constitution.
ARTICLE 67
The members of the Dewan Perwakilan Rakjat
can resign at any time.
They must notify the Chairman to this effect in
writing.
This articles incorporates the cdhtents of articles 108 and 84 of the RIS
Constitution. Provision was made--by the enactment of statute No, 37/1953,
State Gazette No. 88/1953, announced on December 31, 1953, which is
retroactive to August 17, 1950--for the replacement of members of the
DPR who for various reasons (death, resignation, or failure to take the
oath within 60 days) cannot assume their office.
The successor member is appointed by the President upon the recommenda-
tion of the DPR, according to the proposal of the party or fraction of which
the member is being replaced. In case the member to be replaced does not
belong to a party or a fraction, the President appoints the successor mem-
ber according to the proposal of the Council of Ministers.
ARTICLE 68
The Dewan Perwakilan Rakjat holds its meetings
at Djakarta unless the Government in emergency
cases designates another place.
This article is adopted from article 108 of the RIS Constitution.46
ARTICLE 69
1.	The Dewan Perwakilan Rakjat has the right of
interpellation and the right of questioning.
Members have the right of questioning.
2.	The Ministers shall provide either orally or in
writing all the information which is required by
the Oewan Perwakilan Rakjat, in pursuance of
the preceding paragraph, and which is considered
not to be contrary to the general interest of the
Republic of Indonesia.
This article is
similar to article 121 of the R1S Constitution,
ARTICLE 70
The Dewan Perwakilan Rakjat has the right of investi-
gation, in accordance with regulations to be established
by law.
This article is the same as article 21 of the R1S Constitution. The
right of investigation (enquete) until now (January, 1954) has never
been employed by the DJPR. Only recently, on January 20, 1954, did
the DPR formalize the draft law on this right.
ARTICLE 71
The Chairman and members of the Dewan Perwakilan
Rakjat, likewise the Ministers, cannot be prosecuted
for anything they have said in a meeting or have sub-
mitted to the meeting in writing except for the disclosure
of anything said or submitted under secrecy at a
meeting in camera.
The content of this article is the same as that contained in article 108
and article 89 of the RIS Constitution. In this article ministers are
mentioned, whereas in the RIS Constitution only the Chairman and all
members of the Senate and the DPR are included.
ARTICLE 72
1.	The members of the Dewan Perwakilan Rakjat
vote as free men in honor and conscience bound,
without instructions from or without the obliga-
tion to consult with those who have designated
them members.
2.	They shall refrain from voting on matters which
affect them personally.
This article is the same as article 108 and article 90 of the RIS Consti
tution.47
ARTICLE 73
The salary of the Chairman of the Dewan Per-
wakilan Rakjat, the allowances to be granted to
the members atid*possibly also to the Chairman,
and also the traveling and hotel expenses due to
them are regulated by law.
This article has the same meaning as article 108 and article 92 of the RIS
C onstitution.
Statute No. 6/1951, State Gazette No. 40/1951, enacted at the initiative of
the £)PR, determined the salary and allowances of the Chairman and members
of the DPR. This statute was repealed and replaced by Statute No. 10/1953,
State Gazette No. 37/1953, concerning the financial status of the Chairman
and members of the DPR of the Republic of Indonesia.
This statute was again repealed and replaced by Statute No. 2/1954, State
Gazette No. 9/1954.
‘ ARTICLE 74
1.	All those who have attended closed meetings
of the Dewan Perwakilan Rakjat are
bound to secrecy, unless this body decides
otherwise or unless the obligations of secrecy
are lifted.
2.	The same applies to members, ministers, and
officials who have in any way cognizance of
the matters discussed.
This article is the same as article 108 and article 93 of the RIS Constitution.
ARTICLE 75
1.	The Dewan Perwakilan Rakjat cannot hold a dis-
cussion or take a decision, unless more than
half of the members are present.
2.	Unless the Constitution provides otherwise all
decisions are taken by absolute majority of the
members voting.
3.	In the event of the votes being equally divided,
the proposal is considered to be rejected if
the meeting is fully attended; otherwise; the
decision shall be postponed until a subsequent
meeting. If the votes are again equally divided,
the proposal is considered to be rejected.
4.	Voting on persons is secret and in writing. If
the votes are equally divided, the matter is de-
cided by lot.48
This article is the same as article 108 and article 94 of the RIS
Constitution.
ARTICLE 76
; The Dewan Perwakilan Rakjat shall, without delay,
draw up its own rules of procedure.
This article is the same as article 108 and article 93 of the RIS Consti-
tution.
The rules of procedure of the DPR were enacted by DPR decree on Sept
ember 27, 1950, No, 30/K/1950, and published in the Supplement State
Gazette, 1950 No. 63. These regulations have subsequently undergone
several changes and additions.
According to article 25 of these Rules of Procedure, the DPR will estab
lish from its membership a Consultative Committee consisting of the
Chairman and Vice-Chairman and at least seven other persons. The
Consultative Committee determines the DPR working program, when
necessary after hearings with section chairmen, for the entire session
period or part of the session period, without reducing the prerogative
of the DPR to change it (article 26).
The DPR has 10 sections (article 28):
Section A -- Economy
Section B -- Finance
Section C — Agriculture
Section D — Public Works and Communication
Section E -- Education, Instruction and Culture, Religion,
and Health
Section F -- Labor, Personnel, and Social Affairs
Section G -- Home Affairs and Information
Section H -- Justice and Internal Security
Section I -- Defense
Section J -- Foreign Affairs
Also, the DPR is divided into six divisions with, as far as possible,
equal numbers of members (article 30).
ARTICLE 77
Without prejudicing the provisions in article 138, the
Dewan Perwakilan Rakjat shall for the first time and
until it is established by elections in accordance with
the law consist of the Chairman, Deputy Chairman,
and members of the Dewan Perwakilan Rakjat of the
Republic of the United States of Indonesia; the Chair-
man, Deputy Chairman, and members of the Senate;
the Chairman, Deputy Chairman, and members of the
Central National Executive Committee, and the Chair-
man, Deputy Chairman, and members of the Supreme
Advisory Council.49
The content of this article is the result of an agreement between the RIS and
RI Governments. In its reply to the report of the Reporting Committee of
the DPR, on August 3, 1950, the Government of the RIS stated that there is
no objection to including the Supreme Advisory Council of the RI within the
Provisional DPR, inasmuch as that CounCU is a Central Council which usually
gives advice to the RI Government concerning government policy and legis-
lative action.
This article does not state--because such a formulation would not be correct-
that the DPR constitutes collectively the DPR and Senate of the RIS, and the
Working Body of the Central Indonesian National Committee and the Supreme
Advisory Council /pf the R£7. At the time the Unitary State was formed--so
elaborates the Explanation of the Draft Provisional UUD--these four bodies
no longer existed. Such a formulation gives the impression that the pro-
visions concerning the membership of the DPR and the Sen&te of the RIS,
and the Working Body of the_Central Indonesian National Committee and the
Supreme Advisory Council /of the Ri? are still applicable (valid to each divi-
sion of the Provisional DPR). Hence, the suitable formulation is the one
contained in this article.
The Chairman and the Vice-Chairman are separately mentioned outside of
the membership--elaborates further the Explanation of the Draft Provisional
UUD--because the Chairman of the Working Body of the Central Indonesian
National Committee is not a member of that body.
This article does not grant provisions for the President to enlarge the
Provisional DPR with other members, because the Government thought it
extremely difficult to determine criteria by which the President could
appoint additional members.
See the annotations under article 67.
SECTION ΙΠ
SUPREME COURT
ARTICLE 78
The composition and competency of the Supreme
Court shall be regulated by law.
The content of this article is the same as article 113 of the RIS Constitution.
It is not necessary to use the word "Indonesia" after the tide of the Supreme
Court because obviously in a Unitary State the Supreme Court is meant for
all of Indonesia.50
ARTICLE 79
1.	The Chairman, the Vice-Chairman, and the mem-
bers of the Supreme Court are appointed in accor-
dance with rules determined by law. These appoint-
ments are for life, without prejudice to the pro-
visions contained in the following paragraphs.
2.	The law can determine that the Chairman, the
Vice-Chairman, and the members of the Supreme
Court be discharged (removed) from their offices
upon attaining a certain age.
3.	They can be dismissed or discharged from office
in the manner and in such cases as are deter-
mined by law.
4.	They can be removed from office by the Presi-
dent at their own request.
This article is generally the same as article 114 of the RIS Constitution.
Inasmuch as at the time of the formation of the RI Unitary State the
existing RIS Supreme Court, based upon article 141, paragraph 3, be-
came the Supreme Court of the RI Unitary State, it was no longer neces-
sary for the Provisional UUD to provide again for the structure of the
Supreme Court.
The statutory provision concerning the composition of the Supreme
Court laid down under the RIS is ’’The Supreme Court Statute" of May 6,
1950, State Gazette No. 30.
SECTION IV
FINANCIAL AUDIT COUNCIL
ARTICLE 80
The composition and the competence of the Financial
Audit Council shall be regulated by law.
This article is the same as article 115 of the RIS Constitution. Until
now (January, 1954) the law noted by this article has not been enacted.
In practice the Financial Audit Council uses the Indische Comptabiliteits
wet (the revised text promulgated in Staatsblad, 1925, no. 448) and the
Instruksi Algemeene Rekenkamer of the former Dutch East Indies
(Staatsblad, 1090, no. 164) as guides for carrying out its tasks.
ARTICLE 81
1. The Chairman, the Vice-Chairman and members of
the Financial Audit Council are appointed in accor-
dance with rules determined by law. These appoint-
ments are for life, without prejudice to the provi-
sions in the following paragraphs.51
2.	The law can determine that the Chairman, the
Vice-Chairman, and members be discharged
of their offices upon attaining a certain age,
3.	They can be dismissed or discharged from office
in the manner and in such cases as determined
by law.
4.	They can be removed from office by the Presi-
dent at their own request.
This article is
generally the same as article 116 of the RIS Constitution.
CHAPTER HI
FUNCTIONS OF THE INSTRUMENTALITIES OF
THE STATE
SECTION I
GOVERNMENT
ARTICLE 82
The Government promotes the welfare of Indonesia
and especially takes care that the Constitution,
the laws, and other regulations are executed.
The meaning of this article is the same as that contained in article 117,
paragraph 2 of the RIS Constitution.
ARTICLE 83
1.	The President and the Vice-President are
inviolable.
2.	The Ministers are to be responsible for the
entire policy of the Government, and each
Minister individually for his share in the
Government.
The Charter of Agreement of the RIS and the RI determines that the Council
of Ministers must be of a parliamentary nature. This article--with the
addition that the Vice-President is also inviolable--is the same as article
118 of the RIS Constitution, and provides for the responsibility of the
Cabinet to Parliament.
Where this differs greatly from the RIS Constitutional provision is that there
is in the UUD no article like 112 of the RIS Constitution determining that the
DPR cannot compel the Cabinet or each respective Minister to resign his
office. The RIS Government, in its reply to the report of the Reporting52
Committee on August 3, 1950, explained that article 83, paragraph 2
does not require the Cabinet to be of a Parliamentary nature, but that
the Cabinet must be responsible to Parliament.
A responsible cabinet can be parliamentary, extra-parliamentary, or it
can also be a business cabinet; but it cannot be a non~responsible Presi-
dential cabinet.
President Soekarno persistently reiterates at mass rallies that he is not
only a constitutional President, but that he is also Leader of the People.
As Father (Bapak) of the State and leader of the people he feels it is nis
duty to deliver speeches to the masses. The Cabinet or Ministers con-
cerned are definitely responsible for the President’s speeches.
The line of demarcation between collective and individual ministerial re-
sponsibility cannot be determined by legal provision, but is a matter
within the competence of the Government which in every case should be
determined by the Council of Ministers or Parliament. For some com-
parisons we quote: article 95 of the Italian Constitution, "The Ministers
are responsible collectively for the actions of the Council of Ministers
and individually for those of their own ministries"; article 48 of the
French Constitution, "The Ministers shall be collectively responsible to
the National Assembly for the general policy of the cabinet and individually
responsible for their personal actions."
The Ali-VZongsonegoro Cabinet was recently formed after a 58-day Cabi-
net crisis. During that time the Wilopo Cabinet was demissionary.	The
DPR recently (September 1953) established an ad hoc committee to ex-
amine the relationship between a demissionary cabinet and Parliament.
In the opinion of the present writer, a demissionary cabinet, from a
formal point of view, remains the responsible Government, because it
has not formally resigned. However, the heaviest political sanction,
i. e., to overthrow the Government, cannot again be employed by Parlia-
ment, because in political terms the demissionary cabinet has already
fallen.
This Constitutional system makes it impossible to establish a Presidential
Cabinet. In other words, it is impossible to form a cabinet which is
not responsible to Parliament and whose nature is merely that of an
assistant to the President.
ARTICLE84
The President has the right to dissolve the Dewan
Perwakilan Rakjat.
The Presidential decree announcing such dissolution
shall also order the election of a new Dewan Perwakilan
Rakjat within 30 days.
This is a caretaker cabinet, one which has fallen but continues to serve
until a new cabinet is chosen.53
The right of the President as mentioned in article 84, paragraph 1 is not
found in the RIS Constitution.
Of course, for the RIS system of government it was not necessary that the
President be given the right to dissolve the DPR because the DPR could not
force the Cabinet to dissolve. The Cabinet, in this constitutional system,
can be overthrown by the DPR. Asa counterbalance to the DPR’s power,
explained the Government in its reply to the report of the DPR Reporting
Committee, August 3, 1950, the Government can also dissolve the Parlia-
ment when it believes the Parliament no longer represents the wishes of the
people. This is the essence of Parliamentary democracy.
The 30-day requirement referred to in paragraph 2 of this article, according
to the Government’s reply to the DPR Reporting Committee, August 3, 1950,
is a guide, a guarantee that the Government cannot dissolve the Parliament
at will.
ARTICLE 85
AU decrees of the President, including those
concerning his authority over the Armed Forces
of the Republic of Indonesia, shall be counter-
signed by the Minister(s) concerned, with the
exception of what is provided in the fourth para-
graph of article 45 and in the fourth paragraph
of article 51.
The essence of this article is the same as that of article 119 of the RIS Con-
stitution. In this article ,it is clearly stipulated that a Presidential decree
concerning authority over the Armed Forces (article 127, paragraph 1) must
also be signed by the Kiinister concerned. Furthermore, this also makes
clear that every Presidential decree concerning any field of state activity
needs to be countersigned by a minister, except for those which concern
the appointment of the Vice-President (article 45, paragraph 4) and the
ministers on the recommendation of the Cabinet formateur (article 51,
paragraph 4).
Also, a Presidential decree on the appointment and the dismissal of a
Cabinet formateur needs only the signature of the President (article 51,
paragraph 1).
ARTICLE 86
The officials of the Republic of Indonesia are
appointed in accordance with regulations to be
determined by law.
The contents of this article are the same as article 125 of the RIS Constitu-
tion.
The Statute which was required by this article was statute No. 21, 1952,
State Gazette No. 78/1952.54
ARTICLE 87
The President awards decorations established by law.
This article is the same as article 126 of the HIS Constitution.
ARTICLE 88
Basic provisions with regard to land, sea, and
air communications shall be determined by law.
This article contains new provisions which are found in neither the RIS
Constitution nor the UUD of the RI.
The required legislation noted in article 88 until now (January 1954) has
not been enacted.
S E C T I ONT II
LEGISLATION
ARTICLE 89
Except for the provisions in article 140, the legisla-
tive power is exercised, in accordance with the
provisions of this section, by the Government to-
gether with the Dewan Perwakilan Rakjat.
The content of this article is basically the same sas that of article 127 of
the RIS Constitution, i. e., that legislative power is exercised by the
Government together with the Parliament; according to this UUD only one
body exists, the Dewai Perwakilan Rakjat.
ARTICLE 90
1. Bills of the Government shall be submitted to
the Dewan Perwakilan Rakjat by Presidential
message.
2. The Dewan Perwakilan Rakjat has the right to
submit bills to the Government.
This is the same as article 128 of the RIS Constitution except that the
part concerning the Senate was not adopted in this UUD.
This article concerns the DPR’s right of initiative.
ARTICLE 91
The Dewan Perwakilan Rakjat has the right to amend
bills submitted to it by the Government.55
This is the same as article 129 of the RIS Constitution except deletion of the
part referring to the Senate.
This article contains the right of amendment by the DPR.
ARTICLE 92
1.	If the Dewan Perwakilan Rakjat has passed
a bill submitted by the Government either
amended or not by the former, the Dewan
Perwakilan Rakjat gives due notification there-
of and submits the bill to the President.
2,	If the Dewan Perwakilan Rakjat has rejected a
bill submitted by the Government, the Dewan
Perwakilan Rakjat notifies the President thereof.
This article is basically the same as the contents of articles 133 and 134 of
the RIS Constitution. The difference is that this UUD does not recognize the
Senate.
ARTICLE 93
The Dewan Perwakilan Rakjat, after passing a bill,
submits it to the President for ratification by the
Government.
This article is the same as that of article 135, paragraph 2 of the RIS Con-
stitution, except for a reference to the Senate.
The Government is invited to participate in the Session discussions of the
DPR concerning a bill of which the proposal is initiated by the DPR. In
regard to this practice, for example, during the process of the DPR discus-
sion of Statute No. 6/1951, State Gazette No. 40/1951, concerning salary and
allowances of the Chairman and members of the DPR, such a proposal was
initiated by the DPR.
ARTICLE 94
1.	A bill prior to its passage, by the Dewan Perwakilan
Rakjat, in accordance with the preceding provi-
sions of this section, may be withdrawn by the
Government.
2.	The Government is bound to ratify a bill which
has been passed, unless the Government gives
notice as having preponderant objections against
this bill within one month after the bill has been
submitted for ratification.
3.	If the Government ratifies a bill or has objections
against the bill as referred to in the preceding
paragraph, the Dewan Perwakilan Rakjat is
notified by Presidential message.56
This is the same as article 138 of the RIS Constitution, except for the
part concerning the Senate.
Paragraph 2 of this article refers to all bills either forwarded by the Gov-
ernment or by the DPR. The words '^shich has been passed" in this para-
graph mean " accepted by the DPR."
If the Government does not give preponderant objections within one month,
the Government is obliged to ratify the bill as already accepted by the DPR
The ratification by the Government as referred to in paragraph 2 of this
article forms one constitutional element in the legislative process. Laws
are always the result of the joint efforts of the Government and the DPR.
The Government and the DPR together form the legislative body, not the
Government by itself or the DPR by itself.
ARTICLE 95
1.	All the bills which have been passed by the Dewan
Perwakilan Rakjat acquire the force of law after
ratification by the Government.
2.	The laws are inviolable.
The contents of this article are the same as those of article 130 of the
RIS Constitution. Articles 90, 91, 92, 93, 94, and 95, paragraph 1 de-
scribe the legislative procedure.
ARTICLE 96
1.	The Government on its own authority and respon-
sibility has the right to enact emergency laws for
the regulation of each matter which demands im-
mediate action on account of urgent circumstances.
2.	Emergency statutory laws have the force and the
authority of law, subject to the provisions of the
following article.
This article is the same as article 139 of the RIS Constitution. The
words "legislative power" in the RES Constitution are replaced by the
firmer phrase "authority of law,"
The existence of this article, according to the Government's reply to
the report of the DPR Reporting Committee, August 3, 1950, is not
meant to grant opportunities for the Government to act beyond democratic
bounds, but to resolve a variety of difficulties in this early time. In
various cases it is necessary to establish regulations quickly in order to
carry out governmental affairs. The situation can be so urgent that
the necessary regulation cannot be postponed until the matter can be re-
ferred to and discussed completely by Parliament.57
Emergency laws have the force of law, meaning that as law they can effect
punishment and, unlike Government regulations (article 98, paragraph 2),
without any limitations.
Emergency law has the same status as regular law; thus, it can amend or
add to articles of statutes.
The enactment of emergency law, according to the text of article 96, para-
graph 1 is permitted only for the regulation of governmental affairs. It may
not be employed to carry out affairs of a non-governmental nature. How-
ever, the meaning of carrying out governmental affairs is very broad, i. e.,
all cases included in article 82. Thus in practice it will not be easy to
point out what matters are beyond the purview of article 82.
ARTICLE 97
1.	After their enactment the regulations contained
in the emergency statutory laws are submitted
to the Dewan Perwakilan Rakjat at the next
session for the Dewan to deal with these laws in
the manner prescribed for the treatment of bills
of the Government.
2.	If axegulation as referred to in the preceding para-
graph is rejected by the Dewan Perwakilan
Rakjat after being dealt with in accordance with
the provisions of this section, the regulation
lapses ipso jure.
$" r
3.	All reparable and irreparable consequences re-
sulting from the implementation of an emergency
statutory law which has lapsed by virtue of the
preceding paragraph and for the consequences of
which that emergency law was rot made the neces-
sary provisions, shall be provided for by law.
4.	If the regulation contained in the emergency law
has been amended and enacted as law, the conse-
quences of these amendments shall be equally
provided for, in accordance with the preceding
paragraph.
The content of this article is the same as that of article 140 of the RIS Con-
stitution. This article is a balance for article 96. The DPR can-correct,
on the basis of article 97, actions of the Government.
Provisions contained in emergency laws are submitted to the DPR in the
form of a bill. In form this bill enacts the emergency law Concerned as
a regular law, and the provisions of the emergency law are reiterated
(with whatever amendments have been determined jointly by the DPR and
the Government) in the said law.58
ARTICLE 98
1.	Regulations for the execution of laws are enacted
by the Government and are called Government
Regulations,
2.	Government ordinances may impose penalties
for the infringement of their provisions. The
limits of the penalties to be imposed are deter-
mined by law.
This article is the same as article 141 of the RIS Constitution.
ARTICLE 99
1.	A law or Government Regulation may direct
another organ of the Republic of Indonesia to carry
out certain matters specified in the provisions of
these laws and regulations.
2.	The laws and the Government Regulations con-
cerned make provisions for the promulgation of
such regulations.
The content of this article is the same as article 143 of the RIS Constitu
tion.
The term "announcement" in article 142, paragraph 2 of the RIS Consti
tution is replaced by a more definite term, which was previously used
in the legislation of the Republic of Indonesia, "promulgation"
(afkondiging in Dutch).
ARTICLE 100
1.	The law provides rules for the form, promulgation,
and becoming effective of laws and Government
Regulations.
2,	Laws and Government Regulations shall only be-
come binding by virtue of their promulgation in
the manner determined by law.
The content of this article is the same as that of article 142 of the RIS
Constitution. Here again the term "promulgation" is used instead of
"announcement."
Act No. 2, 1950, concerning the enactment of Emergency Statutory
Law No. 2, 1950, became the legislation (federal) regulating all cases
as mentioned by article 100 (and, before, by article 143 of the RIS
Constitution).59
SECTION ΙΠ
THE JUDICIARY
ARTICLE 101
1.	Civil cases, civil penal cases, a,nd military
penal cases come exclusively within the
cognizance of such judicial organs as estab-
lished and recognized by or in virtue of the
law.
2.	Appointment to a judicial office established by
or in virtue of the law will be made exclusively
on the basis of compliance with the require-
ments of capability, ability, and integrity as
determined by law. Discharge, suspension,
and removal from such an office can only
take place in the cases defined by law.
This article is generally the same as the principal contents of article 144 of
the RIS Constitution. The differences between the two articles are as
follows:
1.	The term "cases of civil law" in the RIS Constitution is replaced by
the more proper term "civil penal cases."
2.	The statement in article 144, paragraph 1 of the RIS Constitution
which reads "including judges of the self-governing territories,
judges of customary law, and religious judges" is not found in this
article.
The Explanation of the Draft Provisional UUD, the Government's reply to the
report of the DPR Reporting Committee, August 3, 1950, as well as the dis-
cussion of the DPR concerning the UUD, all indicate no changes in this
matter. Even the Judiciary Section of the UUD, for example, does not give
rise to a problem of debate between the Government and Parliament.
In fact, even though article 101, paragraph 1 does not state that the judges
of the Swapradja(s), customary law judges, and religious judges are also
included in the meaning of "court," this does not mean that the said judges
are no longei· recognized by the UUD. For the judges of Swaprddja(s),
customary law, and religion can be included in the meaning of "courts recog-
nized by law." However, this article does not require, as in the case of
article 144, paragraph 1 of the RIS Constitution, the recognition of such
judges, even if the UUD does not prevent them from being abolished.
3.	The term "judiciary" in article 144, paragraph 2 of the
RIS Constitution is replaced by a term more in keeping
with the purpose of this paragraph, "court."
In Emergency Statutory Law No. 1/1951, State Gazette No. 9/1950, which
until now (January 1954) has not been enacted as a statute, the Government60
established provisions concerning the organization, power, and procedure
of the civil judiciaries.
The normal court for all inhabitants of the RI which will examine and de-
cide in the first instance all civil and criminal cases is the Pengadilan
Negeri,* whose territorial jurisdiction is usually the same as that of the
former Landraads.
Above the first instance court is established the High Court, which is a
court of appeal. At this time (January 1954) Indonesia has four High
Courts located in Djakarta, Surabaja, Medan, and Makassar.
The Religious Courts of the former period still exist, as well as the village
conciliation courts as provided within the scope of article 3a of the
Rechterlijke Organisatie (Regulation of Judicial Organization and Admin-
istration).
The courts of the Swapradja(s) and the customary law courts are gradually
being abolished, except for the religious courts that, according to cus-
tomary law are an individual part of a Swapradja or customary law court.
At this time (January 1954) there are still customary law courts in Tapanuli
and South Sumatra, and Swapradja courts in the Swapradja regions of
South Kalimantan, East Kalimantan, and the islands of Nusa T enggara
(except Bali).
Military criminal cases, according to Emergency Statutory Law No. 16,
1950, State Gazette No. 24/1950, are judged by the Military Court, the
High Military Court, and the Supreme Military Court.
ARTICLE 102
Civil law and commercial law, civil penal law, mili-
tary penal law, civil procedural law, as well as the
composition and competency of the Judiciary, are
regulated by law in legal codes, except when the legis-
lator deems it necessary to regulate certain matters
by special law.
A similar article is not found in the RIS Constitution because a federal
structure requires the division of competency in the enactment of legis-
lation between the Federal legislature and that of the Component States.
In the Supplement to the RIS Constitution which stipulates the basic re-
sponsibilities given to the federal Government, mention is also made,
inte r alia, of the regulation of the basic principles of civil, commercial,
penal law, etc.
The UUD of the Republic of Indonesia also does not contain an article
such as this one.
Roughly analogous to county courts in the United States; they are courts
of the first instance.61
This article requires the codification of law in a legal code but permits
regulations concerning certain matters to be determined by special law.
This article does not require the unification of law; on the contrary,
article 25, paragraph 2 stresses that attention be given to legal needs of
the various social groups.
ARTICLE 103
Any intervention in judicial matters by other
than judicial organs is prohibited, except when
authorized by law.
The content of this article is the same as that of article 145, paragraph 1
of the RIS Constitution.
Article 145, paragraph 2 of the RIS Constitution is not adopted in this UUD
as there is a strong tendency to abolish all courts which are not State
judicial organs (gouvernementsrechtspraak).
A R T I C L E 104
1.	All judgments shall state the principles on
which the judgments are based and in penal
cases the legal provisions anil customary
law rules on which the conviction is ba'sed.
2.	All court sessions shall be public subject to
the exceptions determined by law. The judge
may deviate from this rule in the interest of
public order and morality,
3.	All judgments shall be pronounced in a public
session.
The contents of this article are the same as those of article 146 of
the RIS Constitution.
See article 32.
ARTICLE 105
1.	The Supreme Court is the highest court of the State.
2.	The Supreme Court exercises the highest super-
vision over the activities of the other judicial organs
in accordance with regulations determined by law.
3.	In matters prescribed by law, cassation may be
requested of the Supreme Court against judgments
of other judicial organs than the Supreme Court.
Paragraph 1 of this article is the same as paragraph 1, article 147 of the
RIS Constitution except for the omission of the word ’’Indonesia" after
"Supreme Court" and "federal."62
Paragraph 2 of this article contains a provision which is in principle the
same as article 150 of the RIS Constitution.
Paragraph 3 of this article contains the same right of cassation of the
Supreme Court as contained in article 148, paragraph 4 of the RIS Con-
stitution.
One change in the authority of the Supreme Court since the adoption of this
Provisional UUD is that the Supreme Court (and other courts) no longer
have the right to state in their decisions that a governmental regulation
or a law of a component territory conflicts with the constitution (see arti-
cles 156, 157, and 158 of the RIS Constitution), since the component
territories no longer exist in the Unitary State.
The position of the present Supreme Court is the same as that of the
Republic of Indonesia before the establishment of the RIS.
This UUD does not provide for a constitutional court as, for example,
in West Germany (article 93, Basic Law of the Federal Republic of
Germany).
Statute No. 1, 1950, State Gazette No. 30/1950, contains provisions con-
cerning the organization, jurisdiction, and procedure of the Supreme
Court. According to this statute, the Supreme Court decides cases in
the rtame of justice.
For the High Courts and the first instance courts, these affairs are not
determined by law.
ARTICLE 106
1.	The President, the Vice-President, and the Minis-
ters; the Chairman, Deputy Chairman, and members
of the Dewan Perwakilan Rakjat; the President,
Vice-President, and members of the Supreme
Court; the Attorney-General of that Court; the
Chairman, Vice-Chairman, and members of the
Financial Audit Council; the President of the Bank
of Issue, as well as officials, members of high
government bodies, and other authorities as stated
by law, shall be tried, also after their resignation
and unless the law provides otherwise, by the Sup-
reme Court in first instance and at the same time in
the last resort, for crimes, misdemeanors, and
other transgressions as determined by law, committed
during their period of office.
2.	The law can reserve the cognizance of civil cases
and civil penal cases against certain categories of
persons and Bodies for judicial organs stated by
that law.63
3. The cognizance of civil cases concerning regu-
lations made by or in virtue of a law, may be
reserved by law for the judicial organs stated
by that law.
The content of this article is taken from article 148, paragraphs 1, 2, and
3 of the RIS Constitution. No explanation is found in the official documents,
including the discussion of Parliament on the UUD, why this UUD simply
took over the provisions contained in article 148, paragraphs 2 and 3 of
the RIS Constitution.
In a federal structure, it is indeed necessary to provide for possibility of
removing certain groups of persons and legal bodies along with certain
cases from the jurisdiction of the courts of the Component States and
turning them over to the federal court. In a Unitary State such provisions
have no raison d*etre, particularly in view of the intention to establish one
judicial system for all of Indonesia.
ARTICLE 107
1.	The President has the right of pardon for
punishments imposed by judicial sentence.
He exercises this right after soliciting the
advice of the Supreme Court, insofar as the
law has not designated another court or tri-
bunal for this purpose.
2.	If a death sentence has been imposed, the
sentence shall not be executed until the Presi-
dent has had the opportunity to grant pardon
in accordance with regulations established by
law.
3.	Amnesty and pardon are only extended by a
law or in virtue of a law by the President
after soliciting the advice of the Supreme
Court.
This article is the same as article 160 of the RIS Constitution, except that:
1.	The term "grant of pardon" is changed to "pardon"
2.	Paragraph 3 of this article mentions also "pardon" while article 160,
paragraph 3 only mentions "amnesty."
ARTICLE 108
The judgment in disputes on administrative law is
entrusted to courts or tribunals administering justice
in civil cases, or to such other organs as guarantee
similar impartiality to the greatest possible extent.
This article is the same as article 161 of the RIS Constitution.64
SECTION IV
FINANCE
Part I
Monetary System
ARTICLE 109
1.	The currency which is issued by virtue of the law
shall be the only legal tender in the entire terri-
tory of the Republic of Indonesia.
2.	The monetary unit in which the legal tender is
expressed shall be determined by law.
3.	The law either recognizes a legal tender for un-
limited amounts or for a specific and limited
amount.
4.	The issue of legal tender takes place by or on be-
half of the Government of the Republic of Indonesia
or by the Bank of Issue.
This article is the same as article 164 of the RIS Constitution.
ARTICLE 110
1.	There is one Bank of Issue for Indonesia.
2.	The designation* organization, and competencies
of the Bank of Issue shall be determined by law.
This article is the same as article 165 of the RIS Constitution.
With the enactment of Statutory Law No. 11, 1953, State Gazette No. 40/
1953, the law for the Bank of Java (De Javasche Bankwet 1922) was re-
pealed and in lieu thereof another fundamental law was enacted.
The Bank of Indonesia is a corporation which is owned by the State and
is appointed as the Bank of Issue.
Part II
Financial Management--Budget--Audit--Salaries
ARTICLE 111
1. The Government is in charge of the general manage-
ment of finances.65
2. The public finance is administered and accounted
for according to regulations prescribed by law.
This article is the same as article 166 of the RIS Constitution.
ARTICLE 112
1.	A Financial Audit Council is established to
examine and audit all accounts pertaining
to public finance.
2.	The results of such examinations and audits
are submitted to the Dewan Perwakilan Rakjat.
The Constitution of the RI5 does not have an article such-as this one.
This is a defect of that Constitution.
The provision contained in this article is generally the same as that
of article 23, paragraph 5 of the UUD of the Republic of Indonesia.
ARTICLE 113
The estimates of all expenditures of the Republic
of Indonesia and the means to cover these expen-
ditures shall be prescribed by law.
This article is the same as that of article 167 of the RIS Constitution.
ARTICLE 114
1.	The Government shall introduce the bills for
the determination of the general budget to the
Dewan Perwakilan Rakjat before the com-
mencement of the period governed by the
budget.
This period shall not be longer than two years.
2.	Bills with respect to revision of the general
budget are submitted by the Government to
the Dewan Perwakilan Rakjat whenever
necessary.
This is the same as the content of article 168, paragraphs 1 and 2
of the RIS Constitution. Obviously, paragraph 3 of the RIS Consti-
tution, concerning the Senate, could not be adopted in this UUD.
ARTICLE 115
1. The budget consists of divisions, each insofar
as necessary divided into two chapters, respec-
tively for the determination of the expenditures
and for the designation of the means. The
chapters are sub-divided into items.66
2.	The budget contains at least one division for each
ministry.
3.	The laws for the determination of the budget shall
each comprise only one division.
4.	The law may authorize transfers.
This article is the same as article 169 of the RIS Constitution.
ARTICLE 116
Expenditures and revenues of the Republic of Indonesia
shall be accounted for to the Dewan Perwakilan Rakjat
in accordance with regulations adetermined by law and
under presentation of the accounts approved by the
Financial Audit Council.
This article is the same as article 170 of the RIS Constitution.
ARTICLE 117
Taxes, duties, and excises can only be levied on be-
half of the Treasury by or in virtue of a law.
The content of this article which concerns taxes is the same as that of
article 171 of the RIS Constitution.
Duties and excises, not mentioned in the RIS Constitution, are included
here along with taxes.
At this time {January 1954) a State Committee is studying the possibili*
ties of changing the tax system, which up to now has been based upon
Dutch law.
ARTICLE 118
1.	Loans for account of the Republic of Indonesia
cannot be contracted, guaranteed, or approved
unless by or in virtue of a law.
2.	The Government has the right to issue treasury
bonds, under observance of the regulations
determined by law.
This article is the same as the content of article 172 of the RIS
Constitution,
ARTICLE 119
1. Without prejudice to the provisions made in
special regulations, the salaries and other allow-
ances of the members of public bodies and of the67
officials of the Republic of Indonesia are deter-
mined by the Government, observing the regula-
tions to be determined by law and according to
the principle that no other benefits but those
explicitly allowed shall be derived from any
office.
2,	The law can permit delegation of the powers de-
scribed in paragraph 1 to other authorities.
3.	Pensions to be awarded to servants of the Re-
public of Indonesia are regulated by law.
The content of this article is the same as that of article 173 of the
RIS Constitution.
The salaries of civil servants of the Republic of Indonesia are provided for
at present (January 1954) by Salary Regulation for State Civil Servants,
1948 (PGP 1948), which is based upon Government Regulation No. 23, 1950
juncto RIS Government Regulation No. 16, 1950.
Pensions of civil servants are regulated by Statutory Law No. 20, 1952,
State Gazette No. 74/1952.
SECTION V
FOREIGN RELATIONS
ARTICLE 120
1.	The President concludes and ratifies all
treaties and other agreements with foreign
powers. Unless the law provides otherwise,
a treaty or another agreement is not ratified
until approved by law.
2.	Accession to and termination of treaties and
other agreements is effected by the President
only by virtue of a law.
This article is the same as article 175 of the RIS Constitution. Article 174
of the RIS Constitution, which provides that the Government will be in
charge of all foreign affairs, was not adopted in the Provisional UUD because
it is taken for granted that such matters rest with the Government and that
there is therefore no need to state this in the UUD.
In a federal structure such a statement is considered necessary in order to
note that foreign affairs are not the task of the Component States but the
responsibility of the federal Government.
At this time (January 1954) Treaties of Friendship have been concluded be-
tween the Republic of Indonesia and (1) Egypt, (2) Syria, (3) India,
(4) Pakistan, (5) Burma, and (6) the Philippines.68
Commercial Agreements for limited periods have also been concluded
between Indonesia and several countries, for example, Japan, India,
Pakistan, Finland, West Germany, Norway, Poland, Switzerland,
Hungary, and other states.
ARTICLE 121
The Republic of Indonesia shall join international or-
ganizations on the basis of the treaties and agreements
stated in article 120.
The content of this article is the same as article 176 of the RIS Consti-
tution.
since May 23, 1950
” May 23, 1950
December, 1949
May 25, 1950
June 12, 1950
May 27, 1951
December, 1949
December, 1949
March 31, 1952
As of this time (January 1954), Indonesia is a member of the following
international organizations:
The United Nations
United Nations Specialized Agencies:
1.	World Health Organization
2.	Food and Agriculture Organization
3.	UNESCO
4.	International Labor Organization
5.	A viation
6.	International Telecommunication
Union
7.	Universal Postal Union
8.	World Meteorological Organization
Since 1950, Indonesia has also joined the following international organi-
zations: UNICEF, International Committee of the Red Cross, Inter-
national Rubber Study Group, International Tea Committee, International
Tin Study Group, Bureau Hydrographique International, etc.
ARTICLE 122
The Government shall endeavor to solve peacefully all
disputes with other powers and shall decide in this re-
spect whether to solicit or accept international adjudica-
tion or arbitration.
This article is the same as article 177 of the RIS Constitution.
ARTICLE 123
The President appoints representatives of the Republic
of Indonesia to other powers, and receives representa-
tives of other powers to the Republic of Indonesia.
This article is the same as article 178 of the RIS Constitution.
In the Government’s reply to the report of the Reporting Committee on
August 3, 1950, it was explained that this article is only meant to point
out that the President is the official who appoints foreign representatives69
of the Republic of Indonesia as well as receiving representatives of other
countries to the Republic of Indonesia.
That everything to be executed is subject to the approval of the Cabinet in
general and the Minister of Foreign Affairs of the Republic of Indonesia in
particular needs no further explanation in a separate article or paragraph
(see articles 83 and 85).
Since the Government has a broad and deep understanding concerning pro-
spective leaders and representatives for the foreign service, the Govern-
ment--in its reply noted above--stated that it was not to depend upon
recommendations of the DPR.
SECTION VI
DEFENSE OF THE STATE AND PUBLIC
SECURITY
A R TIC LE 124
The law determines the regulations concerning the
right and the duty of citizens to maintain the inde-
pendence of the Republic of Indonesia and to defend
its territory.
The law regulates the exercise of this right and
duty and determines the exceptions thereto.
The content of this article, with some word improvement, is the same as
that of article 179 of the RIS Constitution.
ARTICLE 125
1.	The Armed Forces of the Republic of Indonesia
are entrusted with the protection of the interests
of the State of the Republic of Indonesia.
The Armed Forces shall consist of volunteers
and conscripts.
2.	The law shall regulate all matters pertaining
to the Regular Armed Forces and to compulsory
military service.
The content of this article is the same as article 180 of the RIS Constitution.
The wording is only more definite, i. e., ’'Armed Forces" because the
intention includes not only the Army but also the Navy and the Air Force.70
ARTICLE 126
1.	The Government is charged with the direction
and the management of defense.
2.	The law determines the principles of the com-
position and the functions of the organs entrusted
with the general defense.
Paragraph 1 of this article is the same as paragraph 1 of article 181 of the
RIS Constitution.
That the Government is charged with the direction and management of de-
fense is accepted, and this fact need not be explained further in the UUD.
In the RIS system, such a statement means that defense is not an affair
of a Component Territory.
Like article 174 of the RIS Constitution, there is actually no need to
adopt article 181, paragraph 1 of the RIS Constitution (see remarks
under article 120).
The provision found in paragraph 2 of this article covers all that is
mentioned in article 182, paragraph 2 of the RIS Constitution. Asa
general principle, the wording of article 126, paragraph 2 is better
than article 181, paragraph 2 of the RIS Constitution.
At this time (January 1954), a Defense Bill has already been forwarded
to the DPR and is now being discussed in the sections of the DPR.
A R T I C L E 127
1.	The President has supreme authority over the
Armed Forces of the Republic of Indonesia..
2.	Ina state of war, the Government places the
Armed Forces under the command of a
commander-in-chief.
3.	The officers are appointed, promoted, and dis-
charged by or on behalf of the President in ac-
cordance with rules determined by law.
The meaning of paragraph 1 of this article in principle is not different
from article 182, paragraph 1 of the RIS Constitution. It is not men-
tioned here that the President is the Supreme Commander.
He exercises supreme authority over the Armed Forces, with the under-
standing that his acts of authority must be countersigned by the Minister
concerned (the Minister of Defense).
The wording of article 127, paragraph 1 is comparable to article 10 of
the UUD of the Republic of Indonesia, which states that the President
exercises supreme authority over the Army, Navy, and Air Force.71
Paragraph 2 of this article differs from that of article 132 of the RIS Consti-
tution, According to paragraph 2, only in a state of war can the Government
place the Armed Forces under the leadership of a Commander-in-Chief;
whereas according to the RIS Constitution, the Government, even if there is
no war, can appoint a general commander, provided that such an appoint-
ment is deemed necessary.
According to this UUD, in times of war the Government is obliged to
appoint a Supreme Commander,
The Minister of Defense, according to the RIS Constitution, may at the
same time hold the office of General Commander. In the system noted in
article 127, paragraph 2 of this UUD, a Minister may not concurrently
hold the office of General Commander,
Paragraph 3 of this article is the same as that of article 182, paragraph 3
of the RIS Constitution.
ARTICLE 128
The President shall require the approval of the
Dewan Perwakilan Rakjat before declaring war.
The content of this article is the same as article 183, paragraph 1 of the
RIS Constitution.
Article 11 of the UUD of the Republic of Indonesia states that the President,
with the approval of the DPR, declares war, negotiates peace, and con-
cludes treaties with other countries.
The Government clarified, in its reply at the first session of the DPR, that
it is unnecessary to include in the UUD that he can negotiate peace only
upon the approval of the DPR. Peace can only be dealt with by treaty, and
every treaty is subject to approval of the DPR (article 120, paragraph 2).
ARTICLE 129
1.	In the manner and in the cases to be defined by
law, the President can declare the territory of
the Republic of Indonesia or parts thereof to be
in a state of emergency, whenever he considers
this state necessary for the safeguarding of
internal and external security.
2.	The law regulates the stages of the state of
emergency and the consequences of such a
declaration. The law further determines when
the constitutional powers of the civil auth-
orities on public order and the police shall
wholly or partly be transferred to the mili-
tary authorities, and the civil authorities
become subordinate to the military auth-
orities.72
The main contents of this article are the same as those of the RIS Consti
tution. The differences are as follows:
Article 184 of the RIS Constitution notes two extraordinary situations--
a state of war and a state of siege--whereas this article only mentions a
state of emergency, which is in keeping with article 12 of the UUD of
the Republic of Indonesia, which states that the President declares a
state of emergency.
Paragraph 2 of this article provides that the states of emergency shall
be regulated by law. In the law, for example, it can be determined
what are the various stages of emergencies: state of war, state of
emergency, state of siege, and perhaps other types of emergencies of
a different nature.
With the exception of the additions concerning the states of emergencies,
paragraph 2 of this article is the same as article 184, paragraph 2 of
the RIS Constitution.
Article 12 of the UUD of the Republic of Indonesia only states that the
conditions and the consequences of the state of emergency shall be
regulated by law. The law required by this article has until now (Janu-
ary 1954) not been enacted. Thus, at present the Dutch law is still in
effect (Regeling op den Staat van Oorlog en Beleg Z§OB7, Staatsblad,
1939, No. 582, KB 13, September 1939» No. 32--Regulations on the
State of War and State of Siege).
Statutory Law No, 6, 1946, of the RI (Jogjakarta), concerning fee state
of emergency, cannot be executed because those organs no longer exist
which must effect this law. At this time (January 1954) areas still
declared in a state of emergency (Staat van Oorlog) based upon the pre-
viously mentioned SOB are: all of Java, except Madura; South Sulawesi;
Ambon and Ceram Islands; and the Riouw Islands (State Register No.
66, 1952); as well as all of the territorial waters (territoriale wateren)
of the entire Indonesian archipelago (State Register No. 65, H52).
ARTICLE 130
A police force shall be established by law for the
maintenance of public order and security.
This article contains a new provision which is not found in either the
Constitution of the RIS or the UUD of the RI.
This article requires a special law to regulate the authority of the instru
mentalities of the Police Force. Until now (January 1954) this law has
not been enacted.73
CHAPTER IV
GOVERNMENT OF THE DA ERA H AND THE
SWAPRADJA*
ARTICLE 131
1.	The division of Indonesia’s territory into
large and small autonomous territories
(daerah) and the form of their governmental
organization shall be established by law,
with due observance and consideration of the
principles of consultation and representation
in the system of government of the State.
2.	The territories shall be given the largest
possible measure of autonomy to manage
their own affairs.
3.	The execution of certain duties not falling
under the household affairs for autonomous
territories can be delegated to them by law.
This arrangement is different from that of the RIS Constitution, for since
the RIS Constitution is based upon a federal structure, those chapters re-
lating to the government of the daerah are placed in the first part
(Chapter II), while in the new; unitary Constitution, the chapters on daerah
and Swapradja government are placed after those on the Central Government.
In this UUD, the governmental affairs of the daerahs and the Swapradjas
are found in Chapter IV.
This article provides for the deconcentration and decentralization of gov-
ernmental affairs. Basically, autonomy must be granted to the widest
possible extent (paragraph 2),
Paragraph 3 of this article provides for the principle of medebewind.**
A comparison with article 18 of the UUD of the Republic of Indonesia, which
regulates the basis of the daerah. government of the Republic of Indonesia,
shows that, first, the wording of thi s, article is clearer than that of article
18 of the UUD of the Republic of Indonesia because the principles of autonomy,
deliberation, and representation are clearly explained.
Daerah here means territory or region. This term has been greatly ex-
panded and/or changed during the last 15 years. See the Appendix to this
translation for a history of the term. Swapradja is a difficult term to
translate into English political terminology. The word means a self-
contained social and political (legal) community where executive power re-
sides in the reigning family--a continuation of the Dutch colonial practice of
indirect rule.
**See above, p. 10.74
Second, this article is not as extensive as article 18 of the UUD of the
Republic of Indonesia because it does not deal with the Swapradja and
unified customary daerahs (adatgemeenschappen). * The traditional
rights of special daerahs as mentioned in article 18 of the UUD of the
Republic of Indonesia are related to the two types of daerahs as noted
in the previous sentence.
The position of the Swapradja in this UUD is regulated in a special
article, article 132.
The RIS Government, in its reply to the first sitting of a session of the
DPR, stated that it has already decided to divide temporarily the entire
area of Indonesia into ten administrative territories. Since the formation
of the Unitary State there has not yet been enacted any law governing the
division of autonomy between the provinces or other regions and that of
the Central Government.
The RIS Government, in its reply to the second sitting of a session of
the DPR, stated that the division of authority between the Central Gov-
ernment and the provinces and daerahs in the Unitary State must be
clearly determined by statutory law.
If the division of authority between the Center and the daerahs, either
by means of medebewind or by decentralization and deconcentration,
does not fulfil the needs of the daerahs, this situation will create tensions
between the daerahs and the Center which, of course, will be disadvan-
tageous for the subsequent course of governmental affairs.
A 8 the first step towards the formation of autonomous daerahs, the RIS
Government enacted Regulation No. 21, August 14, 1950, State Gazette
No. 95/1950, which divided Indonesia into ten administrative provinces;
1.	West Java
2.	Central Java
3.	East Java
4.	North Sumatra
5.	Central Sumatra
6.	South Sumatra
7.	Kalimantan
8.	Sulawesi
9.	Moluccas
10. Lesser Sundas
During this time the legislation of the Republic of Indonesia (Jogjakarta)
had already established autonomous (autonoom) provinces (Statutory Law
No. 22/1948):
1.	East Java (Law No. 2/1950)
2.	Special District (Daerah Istimewa) of Jogjakarta,
which has the level of province (Law No. 3/1950)
3.	Central Java (Law No. 10/1950)
4.	West Java (Law No. 11/1950)
5.	South Sumatra (Emergency Law No. 3/1950)
*This Dutch expression refers to specific social-governmental units of
which customary law is a distinguishing feature.75
6,	Central Sumatra (Emergency Law No. 4/1950)
7.	East Sumatra (Emergency Law No, 5/1950).
RIS Emergency Law No. 20/1950, established the autonomous region of
Greater Djakarta under the leadership of a mayor. Also, Emergency Law
No. 2/1953, of the RI Unitary State, State Gazette No. 8/1953, established
the autonomous province of Kalimantan.
Until now (January 1954) the provinces of Sulawesi, Moluccas, and Lesser
Sundas are still of an administrative nature.
The autonomous provinces of West Java, Central Java, Special Region of
Jogjakarta, and South Sumatra already have Dewan Perwakilan Rakjat
Dae rah (Regional Councils of the People’s Representatives) and Dewan
Pemerintah Daerah ( Regional Executive Councils) .
The autonomous province of Central Sumatra formerly had a Daerah DPR
and a Daerah DPD. However, the two councils were suspended after the
Central DPR accepted the motion of Hadikusumo on January 17, 1951, that
requested the abrogation of RI (Jogjakarta) Government Regulation No, 39/
1950 concerning the organization of the Daerah DPR and DPD.
The Daerah DPR’s and DPD’s of West Java, Central Java, and South
Sumatra established on the basis of the previously noted RI (Jogjakarta)
Government Regulation No. 39/1950 are still valid.
Members of the DPR of the Special Region of Jogjakarta were elected on the
basis of the Regional General Election Law for members of the DPR, Law
No. 7/1950, RI (Jogjakarta). The election in Jogjakarta was an indirect
election.
Based upon Law No. 22/1948 of the Republic of Indonesia (Jogjakarta), the
territories of West Java, Central Java, East Java, and the Special Region of
Jogjakarta have already been divided into autonomous Kabupatens (second-
level districts) Cities, and Small Cities. In Sumatra, Kabupatens have al-
ready been established, although not of an autonomous but only of an admin-
istrative nature, by the Emergency Government of the Republic of Indonesia
during the Dutch occupation at the conclusion of the second military action.
At the present time Kabupaten governments are being prepared based upon
the previously mentioned Law No. 22/1948.
In the administrative provinces of Sulawesi, Maluccas, and Lesser Sundas,
there have been established autonomous daerahs based upon Law No. 44/
1950, which was enacted by the former East Indonesia State concerning
regional government in the East Indonesia State.
Through certain Government Regulations of the Unitary State of the Republic
of Indonesia, daerahs in Sulawesi and the Moluccas, as mentioned above,
have already been changed; for example, Government Regulation No. 35/
1952, State Gazette 47/1952, reorganized South Sulawesi into two autonomous
daerahs (Swatantra) at the level of a Kabupaten.76
Government Regulation No. 34/1952, State Gazette No. 48/1952, reor-
ganized South Sulawesi into seven autonomous daerahs (Swantantra) at the
level of a Kabupaten.
Government Regulation No. 35/1952, State Gazette No. 49/1952, estab-
lished the autonomous daerahs (Swantantra) of Central Moluccas and
Southeast Moluccas having the same level as a Kabupaten.
Emergency Law No. 3/1953, State Gazette No. 9/1953, divided the Pro-
vince of Kalimantan into 13 Kabupatens, two Cities, and three Special
Regions at the level of Kabupaten.
Government Regulation No. 11/1953, State Gazette No. 17/1953, estab-
lished the daerah of North Sulawesi as an autonomous governmental unit.
The other daerahs of Sulawesi (the islands Sangi and Talaud, Minahasa,
and the City of Menado) have not yet been reorganized as is the case also
with the daerahs of the provinces of the Lesser Sundas and North Mollucas
At this time these daerahs (the islands Sangi and Talaud, Minahasa, and
the City of Menado), the daerahs of the Lesser Sundas and North
Moluccas (Swapradja Ternate, Tidore, and Batjan) are governed by
Statute No. 44/1950 of the former East Indonesia State.
The Government is now engaged in forwarding a bill on basic local govern-
ment to the DPR, which will repeal Statutory Law No. 22/1948 of the RI
(Jogjakarta) and Statutory Law No. 44/1950 of the East Indonesian State.
ARTICLE 132
1.	The position of the Swapradjas shall be regulated
by law with the proviso that the provisions of
article 131, the principles of consultation and re-
presentation in the system of the government of the
State, shall also be taken into account in the
structure of their administrations.
2.	The existing Swapradjas cannot be abolished or re-
duced unless for the general benefit and after
authorization to this effect has been given to the
Government by a law declaring that the general
interest requires such abolition or reduction.
3.	Judicial disputes as regards the regulations re-
ferred to in paragraph 1 and implementation
thereof shall be settled by the judicial organs
referred to in article 108.
This article governs the position of the Swapradja daerahs. The provi-
sions contained here are different from those relating to the Swapradja
daerahs as found in the RIS Constitution. In the RIS, the power to deter-
mine the position of the Swapradja daerahs fell within the authority of
the Component State, and this was done by agreement between the two.η
With the abolition of the Component Territories in the Unitary State of the
Republic of Indonesia, the governing of the Swapradja daerahs becomes the
task and authority of the Government of the Unitary State,
According to article 132 of this UUD, the governance of Swapradja daerahs
will no longer be by contract but prescribed by law.
This article also insists on the democratization of Swapradja government,
inasmuch as the law governing such governments must be in keeping with
the principle of consultation and representation as found in the governmental
system of the State (paragraph 1 of this article).
Also, paragraph 1 of this article provides that the provisions referred to in
article 131 concerning the structural organization of government must be
taken into account, which means that besides the principle of democracy
just referred to autonomy and medebewind concepts must be incorporated.
According to the Explanation of the Draft Provisional UUD, in the enactment
of the law and the establishment of the government, which will take into
consideration indigenous rights the parties involved will be consulted.
Paragraph 2 of this article adopts the provisions found in article 65 of the
RIS Constitution.
Paragraph 3 of this article contains provisions different from those of
article 67 of the RIS Constitution.
The RIS Constitution appoints the Supreme Court of Indonesia as the judicial
body which decides legal disputes concerning the position of the Swapradja.
Paragraph 3 of this article does not mention which judcial body must settle
legal disputes. Rather, it states only that the judicial body is either a
court which decides civil cases or another body which guarantees justice
and truth (article 108).
The Unitary State of the Republic of Indonesia is still bound by article 3,
paragraph 2 of the Round Table Conference on the Transfer of Sovereignty
which provides that legal disputes concerning the position of the Swapradja
will be settled by an impartial body of the RI(S).
ARTICLE 133
Pending the establishment of the provisions referred
to in article 132, the existing regulations remain in
force with the proviso that the officials of the former
Component States referred to in these regulations
are replaced by analogous officials of the Republic
of Indonesia.
This article contains the transitional provisions which are basically the
same in meaning as those of article 66 of the RIS Constitution. The officials
of the Component States of the RIS, as noted in this article, are replaced
automatically by those of the Republic of Indonesia.78
CHAPTER V
THE CONSTITUENT ASSEMBLY
ARTICLE 134
The Constituent Assembly together with the Govern-
ment shall enact as soon as possible the Constitution
of the Republic of Indonesia which shall replace this
Provisional Constitution.
The content of this is the same as that of article 186 of the RIS Constitu-
tion.
Article 187, paragraph 1 of the RIS Constitution stipulates that the draft
of the permanent constitution must be drawn up by the Government; it
may not adopt this Provisional UUD. In reference to this matter, the
initiative in drawing up the draft can be taken individually by Parliament
or the Constituent Assembly.
Article 187, paragraph 2 of the RIS Constitution obligates the Govern-
ment to draft a constitution providing for a federal structure. Such a
provision is not found in this Provisional UUD. In this matter, the Con-
stituent Assembly is free to determine in the new UUD any structure of
the state which it feels appropriate.
ARTICLE 135
1,	The Constituent Assembly shall have a member-
ship the number of which shall be determined
on the basis of one representative to every
150, 000 residents of Indonesian citizenship.
2,	The members of the Constituent Assembly
shall be elected by Indonesian citizens in
general elections and by free and secret vote,
in accordance with regulations determined by
law.
3.	The provisions of article 58 shall also apply
to the Constituent Assembly with the proviso
that the numbers of the representatives re-
ferred to shall be doubled.
The composition of the Constituent Assembly according to this article is
different from that provided in article 188 of the RIS Constitution.
The Charter of Agreement between the RIS and the RI requires that the
Constituent Assembly consist of members elected on the basis of one re-
presentative for every 300, 000 residents. This article departs from the
Charter. The reason, according to the Explanation of the Draft Provi-
sional UUD, for determining that the members of the Constituent Assembly
should be elected on the basis of one representative for every 150, 000
residents is as follows:79
a.	Because a Dew an Perwakilan Rakjat with a total of approximately
250 members (elected on the basis of one representative for
300, 000 residents, article 56) is considered appropriate for a
nation consisting of about 75, 000, 000 people;
b.	Because generally a Constituent Assembly has a larger member-
ship than a Dewan Perwakilan Rakjat.
The term "general elections" found in paragraph 2, refers to the system
generally used in electing representatives© of the people (Government’s
reply to the report of the DPR Reporting Committee, August 3, 1950).
Either the DPR or the Constituent Assembly will take into consideration
the proper representation for minority groups.
The Provisional UUD is not concerned with the question of whether or not a
block of voters exists. This, said the Government in reply to the report
of the DPR Reporting Committee, August 3, 1950, is a matter of statutory
law.
The Statute on the General Election, No. 7, 1953, State Gazette No. 29/1953,
regulates the election of members for the Constituent Assembly and the DPR.
See remarks under articles 57 and 53.
ARTICLE 136
The provisions in articles 60, 61, 62, 63, 64, 67,
68, 71, 73, 74, 75, paragraphs 3 and 4, and article
76 are correspondingly applicable to the Constituent
A ssembly.
In general, the regulations which concern the DPR also apply to the Con-
stituent Assembly. Article 72 is not mentioned in this article--so stated
the Government in its reply to the DPR Reporting Committee on August 3,
1950--because the Government is of the opinion that members of the Con-
stituent Assembly will probably need to consult their respective constituen-
cies before undertaking to draft a permanent constitution.
ARTICLE 137
1.	The Constituent Assembly cannot hold discussion
or take a decision on the draft of the new consti-
tution unless at least two-thirds of the members
in session are present at the meeting.
2.	The new Constitution becomes valid when the
draft has been passed by at least a two-thirds
majority of the votes of the members present
and has subsequently been ratified by the
Government.80
3. The draft of the Constitution, when passed by the
Constituent Assembly, shall be presented by the
Assembly to the President for ratification by the
Government,
The Government is bound to ratify the draft immediately.
The Government shall solemnly proclaim the Constitution.
The content of this article is the same as that of article 189 of the RIS
Constitution. Article 189, paragraph 2 of the RIS Constitution, which
grants the right to the Constituent Assembly to make changes in the draft
of the Constitution, need not be adopted by this UUD since there is no
provision here that the draft of the definitive UUD must be drawn up by
the Government. By whatever side the draft is made, the Constituent
Assembly is in a position to change it because the Constituent Assembly
(with the Government) enacts the definitive UUD,
There are no longer Component States within the Unitary State. It follows,
therefore, that this UUD does not recognize the provision referred to in
article 189, paragraph 4 of the RIS Constitution (the right of the Component
States to accept or reject the Constitution).
ARTICLE 138
1,	If at the time of the establishment of the Constituent
Assembly no elections for the members of the
Dewan Perwakilan Rakjat have taken place in accor-
dance with the legal procedure as referred to in
article 57, the Constituent A ssembly shall concur-
rently function as the Dewan Perwakilan Rakjat
wMch is to be established in accordance with the
regulations referred to in said article.
2.	The daily work of the Dewan Perwakilan Rakjat
which under the provisions of paragraph 1 of this
article becomes the task of the Constituent Assem-
bly shall be executed by an Executive Body, which
is to be elected by the Constituent Assembly from
its membership and which is to be responsible to
the Assembly.
Paragraph 1 of this article means that if at the time the Constituent
Assembly is established the DPR is still composed according to article
77, it will be best if the Constituent Assembly, as an elected body,
assume the work of the DPR. If at the time just referred to the DPR is
already formed in accordance with the general election which is intended
in article 57, then the transfer of the work of the DPR to the Constituent
Assembly is considered unnecessary.
Besides a Constituent Assembly to deal with drawing up a definitive UUD,
there must be assembled a DPR to carry out the usual legislative work.
If the Constituent Assembly concurrently serves as the DPR, states81
paragraph 2 of this article, the legislative work referred to shall be carried
out by a Working Body.
ARTICLE 139
1.	The Executive Body shall consist of the Chair-
man of the Constituent Assembly, in the capacity
of a member and at the same time Chairman,
and members, the number of which is to be
determined on the basis of one representative
to every 10 members of the Constituent Assembly.
2.	The procedure for the election of the members
of the Executive Body apart from the Chairman
shall be established by law.
3.	The Executive Body shall elect from among
its members one or more Deputy Chairmen.
The Provisions of article 62 are applicable to
this election.
4.	Before assuming their office, the members of
the Executive Body swear as oath (make a
declaration) in accordance with their religious
beliefs, as laid down in article 63, before the
Chairman of the Constituent Assembly.
This article lays down provisions for the organization of the Working Body
in case the Constituent A ssembly concurrently becomes the DPR. ■
CHAPTER VI
AMENDMENTS, TRANSITIONAL AND FINAL
PROVISIONS
SECTION I
AMENDMENTS
A R T I C L E 140
1.	Every proposal to amend this Constitution shall
clearly state the proposed amendments. It
shall be announced by law that the proposed
amendments are initiated.
2.	A proposal to amend the Constitution which
shall be announced in such a law shall be sub-
mitted by the Government with a Presidential
message to. a Body named the Council for
Amending the Constitution, which consists of
the Members of the Central National Committee
who are not Members of the Provisional Dewan
: ■·	r >...82
Perwakilan Rakjat, The Chairman and Deputy Chair-
man of the Provisional Dewan Perwakilan Rakjat
shall become the Chairman and the Deputy Chairman
of the Council for Amending the Constitution.
3.	The provisions of articles 66, 72, 74, 75, 91, and
94 are correspondingly applicable to the Council
for Amending the Constitution.
4.	The Government shall ratify the bill to amend the
Constitution immediately after it has been passed
by the Council for Amending the Constitution.
The Council for Amending the Constitution referred to in this article is a
special body whose function it is to amend the UUD once it has been de-
clared by law that there is reason to amend the UUD.
The Central National Committee referred to in paragraph 2 of this article
is the latest Central National Committee, which was established according
to Statutory Law No, 6, 1949, of the Republic of Indonesia (Government’s
Reply to the report of the DPR Reporting Committee, August 3, 1950).
The Explanation of the Provisional Draft UUD states that, although the
Council for Amending the Constitution is indeed a body, because this body
may act only when it is necessary to make changes in the Provisional
UUD and because in the system of this UUD it is necessary to make
changes as determined by the Government together with the Provisional
DPR, this Council has no special place by itself within the Provisional
UUD; rather, the provisions concerning the Council are inserted in
the part dealing with amendment of the Provisional UUD.
ARTICLE 141
1.	Without prejudice to the general provisions with re-
gard to the promulgation and proclamation of laws,
amendments in the Constitution shall be solemnly
promulgated by the Government.
2.	The text of the amended Constitution shall be pub-
lished once more by the Government as soon as the
chapters, the sections of each chapter, and the
articles have been consecutively renumbered and
the references changes wherever required.
3.	Existing authorities and prevailing regulations and
decrees, at the moment an amendment in the Con-
stitution becomes effective, remain in force until
replaced by others in accordance with the Consti-
tution, unless their maintenance is in conflict with
such new constitutional provisions as do not retjuire
any further legislation or executive measures /_to
become effective/.
The content of this article is the same as that of article 191 of the RIS
Constitution.83
SECTION Π
TRANSITIONAL PROVISIONS	'
A R T I C L E 142
Regulations by law and by administrative provisions
existing on August 17, 1950, remain in force un-
changed as regulations and provisions of the Republic
of Indonesia, so long and insofar as they have not
been withdrawn, supplemented, or amended by
legislation and by administrative provisions in
virtue of this Constitution.
The meaning of this article is the same as that of article 192, paragraph 1
of the RIS Constitution.
According to the Charter of Agreement between the RIS and the RI, pending
the enactment of unitary legislation the existing laws and regulations re-
main in force. However, whenever possible the laws of the Republic of
Indonesia will be valid. In every field of legislation this matter will be
reviewed by the Government (Reply of the RIS Government at the second
sitting of a session of the DPR).
ARTICLE 143
Insofar as not regulated by the provisions of this
Constitution, the law determines which organs of
the Republic of Indonesia shall assume the functions
and the competencies of the organs which exercised
these functions before August 17, 1950, on the
basis of the legislation maintained in virtue of
article 142.
The meaning of this article is the same as that of article 193, paragraph 1
of the RIS Constitution.
ARTICLE 144
Pending the promulgation of the regulations on
citizenship by the law referred to in paragraph 1
of Article 5, all persons who have acquired
Indonesian citizenship according to or on the basis
of the Agreement on the division of citizens attached
to the Agreement on Transfer of Sovereignty, and
those whose nationality has not been determined
by the said Agreement and who on December 27,
1949, had acquired Indonesian citizenship according
to the law of the Republic of Indonesia prevailing
on that date, shall be citizens of the Republic of
Indonesia.84
Besides the statement concerning those who have already acquired citizen-
ship according to or based upon the Agreement concerning the division of
citizenship at the Round Table Conference, this article provides also for
those whose nationality was not determined by the Agreement, i. e.,
those who at the time of transfer were not Netherland subjects (Nederlands
onderdaan), for example, Germans, foreigners who live in Indonesian
territory and have already acquired Indonesian citizenship according to
Indonesian legislation. Persons mentioned in the latter category remain
citizens of the Unitary Republic of Indonesia. Thus, the content of article
144 is a little broader than that of article 194 of the RIS Constitution.
On December 27, 1949, the former Law No. 3, April 10, 1946, of the
Indonesian Republic, concerning citizenship and residence in the Indone-
sian State was made valid.
The Agreement concerning the division of citizenship at the Round Table
Conference does not deal with non-Dutch persons or with non-Dutch
persons who acquired RI citizenship according to Statutory Law RI No. 3/
1946 as mentioned above. It is clearly understood from the wording of
articles 3 and 5 of the Round Table Conference Agreement that this
pertains only to Netherlanders and Netherland subjects. Because of this,
therefore, article 144 of the Provisional UUD also governs the status of
those who are neither Netherlanders nor Netherland subjects.
See the remarks under article 23, paragraph 2 of this UUD.
SECTION HI
FINAL PROVISIONS
A R T I C E E 145
Immediately after this Constitution becomes effective,
the Government shall establish one or more Commis-
sions which shall be entrusted with the function to
promote, in general, and in accordance with its in-
structions, the adaptation of the existing laws to
conform with the Constitution.
The content of this article is the same as that of article 196 of the RIS
Constitution.
ARTICLE 146
Immediately after this Constitution becomes effective,
the Government shall, by reorganiang the existing
forces, bring into existence an integrated machinery
of State for the purpose of carrying into effect the
Constitutional principles reflecting the spirit of the
national struggle.85
The RIS Government, in its reply to the report of the DPR Reporting Com-
mittee, August 3, 1950, expressed the hope that articles 145 and 146
would be executed as expeditiously as possible.
"By reorganizing the existing forces" means, according to the Explanation
of the Draft Provisional UUD, that upon the formation of the Unitary State
the present civil servants would be assigned throughout Ihdonesia in such a
way as to secure "the right man in the right place" and the greatest amount
of efficiency without any differentiation between the civil servants.
Furthermore, in order to establish the apparatus of ministries (depart-
ments) it is deemed necessary to employ transferred civil servants before
housing accommodations can be guaranteed by the Ministries (departments)
for those who are required to form the ministerial (departmental) machinery;
thus, Ministries (departments) are located in Djakarta, Jogjakarta, and
other places according to their function as found in each place.
ARTICLE II
1.	This Provisional Constitution of the Republic
of Indonesia comes into force on August 17, 1950.
2.	If before the time stated in paragraph 1, steps
have been taken for the formation of organs
of the Republic of Indonesia, on the basis of
the regulations laid down in this Constitution,
such regulations shall be retroactive to the
day on which such steps were taken.
Paragraph 2 of this article contains the same provisions as article 197,
paragraph 2 of the RIS Constitution.
That everyone may know, it is ordered that
this act be promulgated by publication in the
State Gazette of the Republic of the United States
of Indonesia.
Approved in Djakarta,
on August 15, 1950
Promulgated in Djakarta,
on August 15, 1950
The Minister of Justice,
(sgd) SUPOMO
The President of the Republic of
the United States of Indonesia,
(sgd) SOEKARNO
The Prime Minister,
(sgd) MOHAMMAD HATTA
The Minister of Justice
(sgd) SUPOMOSUPPLEMENTS
SUPPLEMENT I
THE CHARTER OF AGREEMENT
between
THE GOVERNMENT OF THE REPUBLIC OF THE UNITED STATES
OF INDONESIA
and
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
On Friday, May 19, 1950:
We:
The Government of the Republic of the United States of Indonesia,
in this case acting also with a full mandate from the Government of the
State of East Indonesia and the Government of the State of East Sumatra,
as the first party:
The Government of the Republic of Indonesia as the second party;
Upon the holding of our session in Djakarta;
After having considered and approved the basic ideas concerning
the formation of the Unitary State as composed by the two parties referred
to above;
DECLARE:
I.	That we agree to establish a Unitary State in the shortest possible time
as the realization of the Republic of Indonesia based upon the proclama
tion of August 17, 1945, on the following principles:
a,	domestically: to perfect the living standard of the people and the
unity of the Indonesian nation;
b.	externally: to maintain good relations with other countries;
II,	That we agree:
A. Concerning the Provisional Constitution:
8687
1.	That the Constitution of the Unitary State will be formed by amending
the Provisional Constitution of the United States of Indonesia so that
the essentials of the Constitution of the Republic of Indonesia, among
others:
a.	article 27,
b.	article 29,
c.	article 33,
are incorporated, along with the satisfactory parts of the Constitution
of the United States of Indonesia.
2.	That the Provisional Constitution of the Unitary State be provided
with an article embracing the fundamental concept:
’’The right of property is a social function.”
3.	That further amendments be made to the Provisional Constitution of
of the Republic of the United States of Indonesia, to the end that,
among other things:
a.	The Senate is abolished.
b.	The Provisional Dewan Perwakilan Rakjat be composed jointly
of the DPR of the Republic of the United States of Indonesia and
the Working Body of the Central Indonesian National Committee.
Additional members appointed by the President will be further
considered by the two Governments.
c.	The Provisional Dewan Perwakilan Rakjat and the Central Indo-
nesian National Committee, will together form a Council for
Amending the Constitution, having the right to make amendments
to the new Constitution.
d.	The Constituent Assembly will consist of members elected in a
general election on the basis of one member for each 300, 000
residents with due regard given to appropriate representation of
minority groups.
e.	The President is President Soekarno.
f.	The Council of Ministers must be of the nature of a parliamen-
tary Cabinet.
g.	Concerning the office of Vice-President in the Unitary State
during the period before the Constituent Assembly is established,
the Governments of the Republic of the United States of Indonesia
and the Republic of Indonesia will exchange further views.
4.	Before the enaction of unitary legislation, the prevailing statutory
law and regulations will remain in force; however, wherever
possible the legislation of the Republic of Indonesia will be valid.
5.	The Supreme Advisory Council is abolished.88
B. Concerning the principles for settling problems:
Principles which are important in resolving difficulties in the
fields of politics, economics, finance, security, etc., must be
examined and planned with the understanding that they will be
used in consideration of present and future possibilities.
III. That we agree to the formation of a Committee with the purpose and
responsibility of carrying out in the shortest possible time all of the
agreements noted in section II.
The results of this committee’s work shall be submitted, by:
1.	The Government of the Republic of the United States of Indo-
nesia, to the DPR and the Senate.
2.	The Government of the Republic of Indonesia, to the
Working Body of the Central Indonesian National Committee.
If it is evident that the DPR and the Senate as well as the Working
Body of the Central Indonesian National Committee will accept it,
then the President will make the formation of the Unitary State formal
in a joint session of the DPR and the Senate of the Republic of the
United States of Indonesia.
Thereafter, the Government of the Republic of the United States
of Indonesia and the Government of the Republic of Indonesia will
dissolve and the President will attend to the formation of the new
Government.
Prime Minister	Prime Minister
Republic of the United States of
Indonesia
MOHAMMAD HATTA
Republic of Indonesia
A. HALIM89
SUPPLEMENT Π
THE JOINT STATEMENT
of
THE GOVERNMENT OF THE REPUBLIC OF THE UNITED SPATES OF
INDONESIA
and
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
On Thursday, July 20, 1950:
We:
The Government of the Republic of the United States of Indonesia,
'which in this case also acts with a full mandate in the name of the Govern-
ment of the State of East Indonesia and the Government of the State of East
Sumatra, as the first party;
The Government of the Republic of Indonesia as the second party;
Who, for the purpose of carrying out the Charter of Agreement be-
tween the Government of the Republic of the United States of Indonesia and
the Government of the Republic of Indonesia of May 19, 1950, have held our
session in Djakarta on July 19 and 20, 1950;
After discussing the results of the work of the Joint Committee of
the Republic of the United States of Indonesia and the Republic of Indonesia,
DECLARE:
I.	That the draft of the Provisional Constitution of the Unitary State of the
Republic of Indonesia, as attached to this Joint Statement is approved;
II.	That the draft of the Provisional Constitution of the Unitary State of the
Republic of Indonesia will be forwarded as soon as possible:
a.	by the Government of the Republic of the United States of Indonesia,
to the Dewan Perwakilan Rakjat and the Senate, and,
b.	by the Government of the Republic of Indonesia, to the Working
Body of the Central National Committee for ratification in order
that the Unitary State of the Republic of Indonesia be established
before August 17, 1950.
HI. That the proposals of the Joint Committee of the Republic of the United
States of Indonesia and the Republic of Indonesia concerning the basic
principles for resolving difficulties in the fields of politics, economics,
finance, security, and social affairs, together with the Government of
the Republic of Indonesia’s views on these proposals, will be forwarded
as a guide:90
a.	by the Government of the Republic of the United States of
Indonesia, to the Dewan Perwakilan Rakjat and the
Senate, and
b.	by the Government of the Republic of Indonesia, to the
Working Body of the Central National Committee.
Prime Minister	Prime Minister
Republic of the United States of	Republic of Indonesia
Indonesia
MOHAMMAD HAT TA
A. HALIM91
SUPPLEMENT ΠΙ
ANNOUNCEMENT
On May 19, 1950, the Government of the Republic of the United States
of Indonesia--which in this matter also represents the Government of the
State of East Indonesia and the Government of East Sumatra--and the
Government of the Republic of Indonesia have reached an agreement to es-
tablish jointly a Unitary State as the realization of the Republic of Indonesia
as based upon the proclamation of August 17, 1945.
The purposes of the Unitary State are:
Domestically, to perfect the living standards of the people and the unity of
the Indonesian Nation.
Externally, to maintain good relations with other countries.
Everything that concerns the principles established above and others
that have been agreed upon by the two Governments will be worked out by a
Joint Committee in the shortest possible time.
Djakarta, May 19, 1950
Prime Minister	Prime Minister
Republic of the United States of
Indonesia
Republic of Indonesia
A. HALIM
MOHAMMAD HATTAAPPENDIX
CONSTITUTIONAL, LEGAL, AND POLITICAL TERMS
by Garth N. Jones
The terms here are derived largely from Indonesia’s three Consti
tutions, and represent an expansion of an earlier endeavor by the present
editor -translator, A Comparison of Indonesia’s Three Constitutions
(Jogjakarta: Gadjah Mada University, i960),
L Types of Laws, Regulations, Decrees, Directives, etc.
a)	Undang-undang Dasar, Constitution
1.	UUD-RI (Republik Indonesia) 1945, Constitution of the Repub
lie of Indonesia, Ϊ94i?
2.	UUDS-RIS (Republik Indonesia Serikat) 1949, Provisional
Constitution of the Republic of the United States of Indonesia,
1949
3.	UUDS-RI (Republik Indonesia) 1950, Provisional Constitu-
tion of the Republic of Indonesia, 1950
b)	Undang - undang, Statutory Law
According to the provisions of each of the three Constitutions
such laws are made as follows:
1.	UUD-RI, 1945, article 5, item 1: President with approval
of the Council of the People’s Representatives. See also
articles 20 and 21.
2.	UUDS-RIS, 1949, article 127: (federal law only) Government
with the approval of the Council of the People’s Representa-
tives and the Senate.
3.	UUDS-RI, 1950, article 89: Government and the Council of
the People’s Representatives.
c)	Peraturan Pemerintah, Government Regulation
A Government regulation is enacted with the purpose to execute
statutory laws.
See the following references for further explanations:
UUD-RI, 1945, article 5, item 2;
UUDS-RIS, 1949, article 141; and
UUDS-RI, 1950, article 98.
9293
d)	Peraturan Pemerintah Pengganti Undang-undang, Government
Regulation with the force of an act of1 Parliament
This term is used only in the UUD-RI, 1945. See article 22.
e)	Undang-undang Darurat, Emergency Statutory Law
This term is used in both the UUDS-RIS, 1949, and the UUDS-RI,
1950. See respectively articles 139 and 96.
f)	^eraturan, Regulation
g)	Rantijangan Undang-undang, . Draft Bill
h)	Keputusan Presiden , Presidential Decree (Decision or Order)
The term keputusan means decision but in this sense it is invariably
translated as Presidential Decree. Such decrees usually concern
matters relating to: (1) specific directives of general regulations
(peraturan umum); and (2) announcement of appointments or termi-
nation of appointments of high officials as stated in .Article 51,
UUDS-RI, 1950.
The term is also mentioned in article 85 of the UUDS-RI, 1950,
but in this case has a wider meaning.
i)	Surat Keputusan, Decree
Found only in the UUDS-RIS, 1949. See article 123.
Attention should be called to the fact that considerable confusion
exists as to the correct and proper usage of Indonesian legal terms, in-
cluding those found in the three constitutions. A noted Indonesian consti-
tutional law authority, A, K, Pringgodigdo, has recommended a scheme for
improving this situation. See his book, The Office of President in Indonesia
as Defined in the Three Constitutions in Theory and Practice (translated' by
Alexander ^Brotherton; Ithaca, N. Y, : Cornell Modern Indonesian Project,
1957), pp. 40-41. However, some of the more common terms concerning
legal and administrative affairs which are not found in any of the three
Constitutions warrant inclusion in this list in order to complete the legal
terminology.
j)	Aturan, Rule
k)	Peraturan Presiden , Presidential Regulation
Peraturan Menteri, Ministerial Regulation
l)	Peraturan Badan-badan, Independent State Institutional Regulation
m)	Keputusan Menteri, Ministerial Decree
n)	Penetapan, Decision (Directive or Rule)94
o)	Penetapan President, Presidential Decision
p)	Maklumat Pemerintah, Government Declaration
q)	Pengumuman, Announcement
II. Major Organs of the State
a)	President President
b)	Wakil President Vice-President
Found only in the UUD-RI, 1945, and the UUDS-RI, 1950. See
Chapter ΙΠ of each Constitution.
c)	Dewan Menteri, Council of Ministers
d)	Senat, Senate
Found only in UUDS-RI, 1949. See article 80 et seq.
e)	Dewan Perwakilan Rakjat, Council of the People’s Representa-
tives.
f)	Mahkamah A gung, Supreme Court
g)	Dewan Pengawas Keuangan, Financial Audit Council
Found only in the UUDS-RIS, 1949, and the UUDS-RI, 1950.
See respectively articles 115 and 80.
h)	Badan Pemeriksa Keuangan, Financial Audit Agency
Found only in the UUD-RI, 1945. See article 23, item 5. This
is the same agency as the Dewan Pengawas Keuangan.
i)	Madjelis Permusjawaratan Rakjat, People’s Consultative
Assembly
Found only in the UUD-RI, 1945. See Chapter II, articles 2 and 3.
j)	Dewan Pertimbangan A gung. Supreme Advisory Council
Found only in the UUD-RI, 1945. See Chapter IV.
k)	Madjelis Perubahan Undang-undang Dasar, Council for
Amending the Constitution
This Council is only provided for in the UUDS-RI, 1950. See
article 138.95
III. Minor Organs of the State
a)	Bank-Sirkulasi, Bank of Issue
Reference is made to this organization only in the UUDS-RI, 1949»
and-the UUDS-RI, 1950. See respectively articles 164-165 and
109-110.
b)	Kementerian Negara, Ministry of State
This term is found only in the UUD-RI, 1945. See Chapter V.
c)	Departemen» Department
The UUD-RI, 1945, and the UUDS-RIS, 1949, use the word
Departemen to designate government organizational units headed
by Ministers, See respectively articles 17 and 74. The UUDS-
RI, 1950, uses the term Ministry (Kementerian). See article 51.
d)	Menteri-roenteri Negara, Ministers of State
This term is found only in the UUD-RI, 1945, and refers to the
Ministers of the Council. Ministers without portfolio are pro-
vided in UUDS-RIS, 1949, and article 50 of the UUDS-RI, 1950.
e)	Kementerian, Ministry
This term is used primarily in the UUDS-RI, 1950. See article
51 et seq.
f)	Komite Nasional, National Committee
This Committee is provided for in the transitional provisions of the
UUD-RI, 1945. Until the formation of the People’s Consultative
Assembly, the Council of the People’s Representatives, and the
;Supreme Advisory Council, all state powers would be exercised
by the President assisted by the National Committee.
IV. . Terms Designating Territorial or Governmental Areas
a)	Daerah, Territory (Region)
The meaning of this term has been greatly expanded and/or changed
during the last 15 years, Below are some various usages.
b)	Daerah Indonesia, Territory of Indonesia
This term is used in the UUD-RI, 1945, and refers to the entire
territorial area of the State. See article 18.
c)	Daerah Negara, Territory of the State
This term is found in the UUDS-RIS, 1949, Chapter 1, Section 2,
and the UUDS-RI, 1950, article 2, and has the same meaning as
Daerah Indonesia which is used in the UUD-RI, 1945.96
d)	Pemerintah Daerah, Local Government
This term is used in all three constitutions. See Chapter VI of the
UUD-RI, 1945, Chapter Π of the UUDS-RIS, 1949, and Chapter IV
of the UUDS-RI, 1950.
e)	Daerah-bahagian, Component State
This term is used in the UUDS-RIS, 1949, to designate the component
states, of 'which there were a total of 16.
f)	Daerah Swapradja, Self-governing Hereditary Unit
g)	Daerah Swatantra, Local Governmental Unit
h)	Negara Republik Indonesia, State of the Republic of Indonesia
The revolutionary Republic of Indonesia, which moved its head-
quarters from Djakarta to Jogjakarta in May 1946, became one
of the 16 Component States under the federal system of UUDS-
RIS, 1949, and was designated Negara Republik Indonesia. In
practice the NRI used, during the brief period of the existence of
the RIS, the title Republic of Indonesia (RI). See Koesnodiprodjo,
Himpunan Undang2, Peraturan, Penetapan, Pemerintah Republik
Indonesia (Djakarta: S. K. Seno, "tot-totj.	--------------
V. Important Bodes of the Revolutionary Period
a)	Badan Penjelidik Persiapan Kemerdekaan, Committee for the
Investigation of Indonesian Independence
This body was established on March 1, 1945, by the Japanese
occupational authority. It held two plenary meetings, May 28-
June 1, and July 10-17, at which agreement was reached con-
cerning constitutional and economic questions. See Benedict
R. O’G. Anderson, Some A spects of Indonesian Politics Under
the Japanese Occupation: 1944-45 (Ithaca, iSt Y.; Cornell Modern
Indonesia Project, 1961), pp. 16 et seq., and George McT.
Kahin, Nationalism and Revolution in Indonesia (Ithaca, N. Y. :
Cornell University Press, 1952), p. 121.
b)	Panitya Persiapan Kernerdekaan Indonesia,	Committee for the
Preparation of Indonesian Independence
This committee was established just before the capitulation of
the Japanese to the Allies (on August 15, 1945) and held its
first meeting on August 18, 1945.
c)	Komite Nasional Indonesia Pusat, Central Indonesian National
On October 16, 1945, the KNIP was vested with full legislative
power. Furthermore, the KNIP delegated its powers to a small,97
permanently-sitting body known as the Badan Perkerdja (Working
Body or Inner-Parliament), which was composed of members from
the parent organization (KNIP) and responsible to it» The Badan
Perkerdia was required to meet at least every ten days and the
KNIP at least once a year.
d) Komite Nasional Indonesia, National Indonesian Committee(s)
(Regional)
These committees were also known as Komite Nasional Daerah
(Regional National Committee). The KNIP by decree provided
for the establishment of regional councils to assist local officials
in their administrations. In some cases such councils were
appointed by higher authority; in others KNI’s were created by
local elections; and in still others no such councils were ever
established during the Revolutionary period.
VI. Special Political and Related Terms
a)	Gotong- rojong, Mutual Cooperation
Designates the common voluntary effort of a community working
for the benefit of the community or for the benefit of a member of
the community.
b)	Kerakjatan, Democracy
c)	Musjawarah, Permusjawaratan, Mutual Consultation, Meeting
for Mutual Consultation
Musjawarah, Musjawarat, means to hold deliberations in such a
way that unanimity arises out of the effort. It is a procedure for
arriving at '‘the sense of the meeting" in which no contest occurs
between the opposing points of view, so that there are no resolutions
and counter-resolutions, no taking of sides over issues, but a
persistent effort to find common ground in solving a problem.
Permusjawaratan means a gathering in which the procedure of
musjawarah is conducted.
For further comments concerning these terms see The Indonesian
Revolution--Basic Documents and the Idea of Guided Democracy
(Djakarta; The Department οϊ Information, Republic of Indonesia,
I960), p. 24.
d)	Mufakat, Unanimous Decision
Mufakat denotes a unanimous decision or agreement arrived at by
the process of musjawarah.
e)	Perikemanusiaan, Principle of Humanity98
f)	Kekeluargaan, Family Relationship
For a treatment of this term see Wilopo and Widjojo Nitisastro,
The Socio-Economic Basis of the Indonesian State (translated
by Alexander Brotherton; Ithaca, Ν.Ύ. : Cornell Modern Indo-
nesia Project, 1959).
g)	Kebid ja ksanaan,	Policy
h)	Pengadilan, Court
i)	Pertanggungan Djawab, Responsibility (financial or otherwise)
I
i