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THE PEOPLE’S CONSULTATIVE ASSEMBLY OF THE REPUBLIC OF INDONESIA | ||||||||
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THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA BY THE GRACE OF GOD
ALMIGHTY
After studying, analyzing, and considering accurately and conscientiously the fundamental matters facing by the people, nation, and state; and using its authority based on Article 37 of the 1945 Constitution of the Republic of Indonesia, the People’s Consultative Assembly (MPR) of the Republic of Indonesia is amending and/or complementing Article 18, Article 18A, Article 18B, Article 19, Article 20 paragraph (5), Article 20A, Article 22A, Article 22B, Chapter IXA, Article 25E, Chapter X, Article 26 paragraph (2) and paragraph (3), Article 27 paragraph (3), Chapter XA, Article 28A, Article 28B, Article 28C, Article 28D, Article 28E, Article 28F, Article 28G, Article 28H, Article 28I, Article 28J, Chapter XII, Article 30, Chapter XV, Article 36A, Article 36B, and Article 36C of the 1945 Constitution of the Republic of Indonesia, to read in full: Article 18 (1) The Unitary State of the Republic of Indonesia shall be divided into provinces and those provinces shall be sub-divided into regencies and cities, which each province, regency, and city possess a regional government, as regulated by laws. (2) The governance of province, regency, and municipal regional shall administer and manage their governmental affairs by themselves according to the autonomy principle and tasks of assistance. (3) The governance of province, regency, and municipal regional shall have a Regional House of Representatives whose members shall be elected through a general election. (4) The Governors, Regents, Mayors, respectively as the heads of government of the provincial, regency, and municipal regions shall be elected in a democratic manner. (5) The regional governments shall carry out the widest possible autonomy, except in governmental affairs that by the laws shall be determined as being the affairs of the Central Government. (6) The regional governments shall have the right to determine regional regulations and other regulations to carry out autonomy and tasks of assistance. (7) The structures and procedures of administering of the regional government shall be regulated in laws. Article 18A (1) The relationship in authority between the central government and the provincial, regency, and municipal regional governments, or among the provinces, and regencies, and cities, shall be regulated in laws whilst noting the exclusivity and diversity of the regions. (2) The relationship in finances, public services, utilization of natural resources and other resources between the central government and the regional governments shall be regulated and executed fairly and equitably based on the laws. Article 18B (1) The state shall recognize and respect the units of regional government that are exclusive and unique in nature as regulated by laws. (2) The state shall recognize and respect the units of traditional society with their traditional rights as long as they still exist and are in accordance with community development and the principle of a Unitary State of the Republic of Indonesia, as regulated by the laws. Article 19 (1) The members of the House
of Representatives shall be elected through general
elections. Article 20 (5) Should the bill that has been mutually approved not ratified by the President within thirty days from the approval of the bill, the bill shall legally be valid as a law and shall be enacted. Article 20A (1) The House of
Representatives shall have a legislative function, budgetary function, and
supervisory function. Article 22A Further stipulations regarding procedures of making laws shall be regulated in laws. Article 22B Members of the House of Representatives may be dismissed from their positions, with the requirements and procedures regulated by laws. CHAPTER
IXA Article 25E The Unitary State of the Republic of Indonesia shall be an archipelago nation with the concept of Nusantara in character that has a territory with borders and rights regulated by laws. CHAPTER X
Article 26 (2) The inhabitants consist of
Indonesian citizens and foreigners who reside in Indonesia.
Article 27 (3) Every citizen shall have the right and duty to participate in the defense of state efforts. CHAPTER
XA Article 28A Every person shall have the right to live and to defend his/her life and livelihood. Article 28B (1) Every person shall have
the right to build a family and to have descendant through a legal
marriage. Article 28C (1) Every person shall have
the right to improve himself/herself through fulfillment of basic needs,
and entitled to an education and to obtain benefit from science and
technology, art and culture, in order to enhance his/her quality of life,
for the sake of human welfare. Article 28D (1) Every person shall have
the right for recognition, guarantees, protection, and a just legal
certainty as well as equal treatment before the law.
Article 28E (1) Every person shall free to
adhere his/her respective religion and performance worship according to
his/her religion, choose his/her education and learning, choose his/her
work, choose citizenship, choose to reside within the nation’s territory
and depart from it, and is entitled to return. Article 28F Every person shall have the right to communicate and to obtain information to develop his/her personality and social environment, as well as the right to seek, to obtain, to possess, to keep, to process, and to convey information by utilizing all available kinds of channels. Article 28G (1) Every person shall have
the right of self-protection, family, honor, dignity, and property under
his/her authority, as well as entitled to a feeling of safety and
protection from threats of fear to do or not to do anything according to
the basic rights. Article 28H (1) Every person shall have
the right to live in welfare both physically and spiritually, have a place
to reside, and receive a proper and healthy environment, as well as
receive medical care. Article 28I (1) The right for living, the
right for not being tortured, the right for freedom of thought and
conscience, religious rights, the right for not being enslaved, the right
for being recognized as an individual before the law, and the right for
not being prosecuted based on retroactive laws shall be the rights as
human that may not be diminished in any situation
whatsoever. Article 28J (1) Every person shall have
the duty to respect the others’ human rights within the orderly context of
living in a community, nation, and state. CHAPTER
XII Article 30 (1) Every citizen shall have
the right and duty to participate in the defense and security of the state
efforts.
CHAPTER
XV Article 36A The National Symbol shall be the Garuda Pancasila with the slogan Bhinneka Tunggal Ika. Article 36B The National Anthem shall be the “Indonesia Raya.” Article 36C Further stipulations regarding
the Flag, Language, and National Symbol, as well as the National Anthem
shall be regulated in laws. On 18 August 2000
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