Sat, 19 Aug 2000

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.