The history of Republic of Indonesia's constitution
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7. State and Constitution
The constitution of Republic of Indonesia which is 1945 Constitution was passed as law by state basis PPKI on August 18, 1945. Since the date of December 27, 1949, in Indonesia applies the Constitution RIS, and the date of August 17, 1950 in Indonesia applies Provisional Constitution of 1950. The Presidential Decree of July 5, 1959 re-enact the 1945 Constitution, with confirmed unanimously by the House on July 22, 1959.
In the period 1999-2002, the 1945 has four times the changes (amendments), which alter the composition of the institutions in the state system of the Republic of Indonesia.
Prior to the Amendment, the 1945 Constitution consists of the Preamble, the Body (16 chapters, 37 articles, 65 paragraph (16 verses from 16 chapters which only consists of one paragraph and paragraph 49 of the 21 chapters are composed of two paragraphs or more), Article 4 Transitional Provisions, Supplementary Rules and the second paragraph), and explanation.
Having done four times, the 1945 has 20 chapters, 37 chapters, 194 verses, the Transitional Provisions of article 3, and 2 Additional Rules section.
In Proceedings of the Annual Session of the Assembly of 2002, published the Constitution of the Republic of Indonesia Year 1945 in One Script, Script For perbantuan and Compiling Without There Opinion.
Early History
Business Investigation Agency Preparation of Indonesian Independence (BPUPKI) which was formed on April 29, 1945 was the body that drafted the 1945 Constitution. During the first trial which lasted from May 28 until June 1, 1945, Ir. Sukarno convey the idea of "the State" which was named Pancasila. On June 22, 1945, 38 members of the Committee of Nine BPUPKI form consisting of nine people to design the Jakarta Charter that will be the opening of the 1945 manuscript. After removal of the clause "with the obligation to execute Islamic law for followers-followers" then the script into the script of the Jakarta Charter Preamble of the 1945 Constitution promulgated on August 18, 1945 by the Preparatory Committee for Indonesian Independence (PPKI). Ratification of the 1945 confirmed by the Central Indonesian National Committee (KNIP) which met on August 29, 1945. Indonesia the 1945 draft drawn up during the Second Session of the Preparation of Independence Business Investigation Agency (BPUPKI). The agency name without the word "Indonesia" because it is tied to the land of Java alone. In Sumatra there BPUPKI to Sumatra. The period of the Second Session on July 10 to 17 1945. Dated August 18, 1945, PPKI approve the 1945 Constitution as the Constitution of the Republic of Indonesia.
Validity period of 1945 August 18, 1945 - December 27, 1949
In the period 1945-1950, the 1945 Constitution can not be fully implemented because Indonesia has been preoccupied with the struggle to defend freedom. Promulgation of the Vice President of No. X on October 16, 1945 decided that the legislative powers entrusted KNIP, because the MPR and DPR has not been established. Dated 14 November 1945 Semi-formed Cabinet Presidensiel ("Semi-Parliamentary") the first, so this event is a change of government system to be considered more democratic.
Constitutional validity period of the RIS 1949 December 27, 1949 - August 17, 1950
At this time Indonesia was a parliamentary system of government.
form of government and form a federation of nation states within which consists of states that each state has its own sovereignty to manage its own affairs.
The period August 17, 1950 Provisional Constitution 1950 - July 5, 1959
In the period 50 Provisional Constitution was enacted system of parliamentary democracy, which is often called a Liberal Democracy. In this period also the cabinet is always successive, as a result of development does not go smoothly, each party pay more attention to the interests of party or faction. After the state of RI in 1950 and Provisional Constitution of the Liberal Democratic system experienced people of Indonesia for almost 9 years, then the people of Indonesia are aware that the Provisional Constitution 1950 with a system of liberal democracy is not suitable, since it is incompatible with the spirit of Pancasila and 1945 Constitution. Finally, the President considers that the state constitutional Indonesia endanger national unity and the country as well as impede the development of the universe are planning to achieve a just and prosperous society; so on July 5, 1959 announced a decree on the dissolution of the Constituent Assembly and re-enactment of the 1945 Constitution and the 1950 Provisional Constitution invalidates
The return period to July 5 1945 1959-1966
Because the political situation in the Constituent Assembly in 1959 where many of the tug mutual interests of political parties that failed to produce a new constitution, then on July 5, 1959, President Sukarno issued Presidential Decree which one it reinstated the 1945 Constitution as a constitution, replacing the Law While the 1950 Constitution in effect at that time.
At this time, there were various irregularities of the 1945 Constitution, among them:
• The President appoints the Chairman and Vice Chairman of the MPR / DPR and the MA and the Vice Chairman of the DPA to the Minister of State
• MPRS set Sukarno as president for life
• The revolt of the Communist Party of Indonesia through September 30th Movement, the Communist Party of Indonesia
In the New Order period (1966-1998), the Government has said it will run the 1945 Constitution and Pancasila a genuine and consistent.During the New Order, the 1945 constitution also become a very "sacred", in between through a number of rules:• Decree No. I/MPR/1983 which states that the Assembly is determined to defend the 1945 Constitution, not willing to make changes to it• Decree No. IV/MPR/1983 about the referendum which, among others, stated that if the Assembly wishes to change the 1945 Constitution, must first ask the opinion of the people through referendum.• Law Number 5 Year 1985 concerning the referendum, which is an implementation of the TAP MPR No. IV/MPR/1983.Period May 21, 1998 - October 19, 1999During this period of transition is known. That period since President Soeharto was replaced by BJ Habibie up to the release of the Province of East Timor from the Homeland.The period of the 1945 AmendmentsOne of the demands of the Reformation of 1998 was the amendment (amendment) to the 1945 Constitution. The background of the changing demands of the 1945 Constitution, among others, because in the New Order, the highest authority in the hands of the Assembly (and in fact not in the hands of the people), huge powers to the President, the existence of the articles that are too "flexible" (so that it can lead to multiple interpretations ), as well as the fact the 1945 statement about the spirit of that state officials have not adequately supported the provisions of the constitution.Change goals of the 1945 Constitution time was perfecting the basic rules such as order of the state, popular sovereignty, human rights, power sharing, the existence of democracy and the rule of law, as well as other matters in accordance with the development aspirations and needs of the nation. Changes in the 1945 Constitution with the agreement of which do not change the 1945 Constitution, while maintaining state structure (staat structuur) unity or later better known as the Republic of Indonesia (NKRI), as well as reinforce the system of presidential government.In the period 1999-2002, the 1945 has four times the changes (amendments) specified in the General Assembly and Annual Session of the Assembly:• General Session, 1999, on 14-21 October 1999 → 1945 First Amendment• Annual Session of the Assembly of 2000, dated 7-18 August 2000 → 1945 Constitution Second Amendment• Annual Session of the Assembly in 2001, on 1-9 November 2001 → 1945 Amendment• Annual Session of the Assembly of 2002, dated 1-11 August 2002 → 1945 Constitution Fourth Amendment
source: raw translate from wikipedia, the source of knowledge ^_^
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