Some Proposed Amendments to the 1945 Constitution

Some Proposed Amendments to the 1945 Constitution to be deliberated during the Annual Session of the MPR

State Principles

Debate centers around whether to explicitly mention Pancasila as the State Principle.

Alt. 1: As stated in the opening of the 1945 Constitution.

Alt. 2: The State Principle is inserted as Chapter I of the Constitution:

The State Principle is Pancasila: Belief in the One, Supreme God; just and civilized humanity; the unity of Indonesia; democracy which is guided by the inner wisdom in the unanimity arising out of deliberation amongst representatives; creating a condition of social justice for the whole of the People of Indonesia, which are all considered a single unity as contained in paragraph four of the opening of the Constitution.

Composition of the People's Consultative Assembly

The key amendment is on Chapter II, Art. 2 (1), on the composition of the Assembly which includes "certain societal groups" which is interpreted as the inclusion of the Indonesian Military/National Police.

Art. 2 (1): The People's Consultative Assembly shall consist of the House of Representatives who are elected through a general election, augmented by certain societal groups whom because of their duties and tasks do not use their right to vote.

Human Rights

Insertion of a new chapter on human rights. However, there remains controversy on the Article in this chapter concerning freedom of religion and whether it will encompass non- denominational faiths.

Alt. 1: Each person is free to adhere to his/her respective religion and to practice his/her religious duties.

Alt. 2: Each person is free to adhere to his/her respective religion and to practice his/her religious duties in conformity to that religion and that faith.

Religion

Almost the same controversy as the preceding chapter, concerning whether to include non-denominational faiths. However there have also been suggestions to include an adherence to Islamic laws (syariah).

(1)

Alt. 1: The State shall be based upon Belief in the One, Supreme God (no change from Art. 29 of 1945 Constitution).

Alt. 2: The State shall be based upon Belief in the One, Supreme God, with adherence to Islamic laws obligatory to its followers.

Alt. 3: The State shall be based upon Belief in the One, Supreme God, with respective followers obligated to adhere to their respective religion's teachings.

(2)

Alt. 1: The State shall guarantee the freedom of every resident to adhere to his/her respective religion and to practice his/her religious duties in conformity to that religion and that faith.

Alt. 2: The State shall guarantee the freedom of every resident to adhere to his/her respective religion and to practice his/her religious duties.

Alt. 3: The State shall guarantee the freedom of every resident to adhere to his/her respective religion and to practice his/her religious duties in conformity to that religion and that faith, and to construct their respective houses of worship.

Presidential Election

Under the chapter titled The Power of the Government of the State, the Assembly is considering whether or not to accept an article which would allow for direct presidential and vice presidential election.

Alt. 1:

(1) The president and vice president are elected as a single package directly by the people.

(2) The president and vice president are elected by the People's Consultative Assembly from the two packages which received the most votes.

(3) The president and vice president are then elected based on the highest electoral (collage) votes.

Alt. 2: The president and vice president are elected by the People's Consultative Assembly based on the first and second largest votes gained by a party in a general election.

Alt. 3:

(1) Presidential and vice presidential candidates are set in one package by political parties contesting a general election before the election is held.

(2) The presidential and vice presidential package which receives more than 50 percent of the total votes in the general election, is affirmed by the People's Consultative Assembly as the president and vice president.

(3) In the case where no presidential and vice presidential package receives more than 50 percent of the votes in a general election, then one of the two packages which received the highest votes in the election is then selected by the People's Consultative Assembly as president and vice president.