Summary of Amendments to the 1945 Constitution

Summary of Amendments to the 1945 Constitution

Chapter VI

Local Government

The original single article on the division of Indonesia into
small and large territories, has now been expanded to three
articles which highlight the right of each province and
regency/municipality to administer their jurisdictions based on
the principle of autonomy.

The articles also stresses that governors, regents and mayors
shall be democratically elected by the people.

Chapter VII

The House of Representatives

The main difference in this five article amendment is an
affirmation that the House shall be elected through a general
election.

It also contains a new paragraph which states that if a bill
which has been put to and passed by the House is not ratified by
the president within 30-days, that bill will automatically become
law.

Chapter IXA

The National Territory

This is a new chapter consisting of one article which
stipulates that the territory of the Unitary Republic of
Indonesia is based on an archipelagic concept.

Chapter X

Citizens and Residents

The term "residents" has been added to this chapter which has
in fact been simplified as the statement on the rights of
citizens has been expanded in a separate chapter on human rights.

"Residents" are defined as all Indonesian citizens and
foreigners living in Indonesia.

Chapter XA

Human Rights

This is a new chapter consisting of 10 articles (Art. 28A to
28J), which has been, and will likely continue to be, the subject
of contentious debate.

While it includes generally accepted and universal definitions
such as the right to life, the right to be free from
discrimination, the right to be treated equally before the law,
the right to freedom of thought, the right to fair employment,
etc., it also contains many controversial points.

Among them is the right to build a family and procreate based
upon lawful marriage.

Many rights activists have criticized Article 28I in
particular which guarantees freedom from retroactive prosecution
of offenses established under a newly enacted law.

Chapter XII

National Security and Defense

This chapter contains an additional article which clearly
acknowledges and defines the separation of the Indonesian
Military and Police.

Chapter XV

Flag, Language, Coat of Arms and National Anthem

This chapter originally only defined the national flag and
language.