THE PEOPLE’S CONSULTATIVE ASSEMBLY OF
THE REPUBLIC OF INDONESIA
 
 
THE SECOND AMENDMENT TO
THE 1945 CONSTITUTION OF 
THE REPUBLIC OF INDONESIA

BY THE GRACE OF GOD ALMIGHTY
THE PEOPLE’S CONSULTATIVE ASSEMBLY OF 
THE REPUBLIC OF INDONESIA



 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.
(2) The structure of the House of Representatives shall be regulated in laws.
(3) The House of Representatives shall convene at least once a year.

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.
(2) In carrying out its functions, besides the rights regulated in other articles of this Constitution, the House of Representatives shall also have the rights of interpellation, inquiry and statement of views.
(3) Besides the rights stipulated in other articles of this Constitution, all members of the House of Representatives shall have the rights of posing questions, recommending proposals and opinions, as well as immunity.
(4) Further rules regarding the rights of the House of Representatives and the rights of members of the House of Representatives shall be regulated in laws.

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
THE NATIONAL TERRITORY

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
CITIZEN AND INHABITANTS

Article 26

(2) The inhabitants consist of Indonesian citizens and foreigners who reside in Indonesia.
(3) Matters concerning the citizen and inhabitants shall be regulated in laws.

Article 27

(3) Every citizen shall have the right and duty to participate in the defense of state efforts.

CHAPTER XA
HUMAN RIGHTS

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.
(2) Every child shall have the right to live, to grow, and to be protected against violence and discrimination.

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.
(2) Every person shall have the right to advance himself/herself by defending his/her rights collectively and develop his/her society, nation, and country.

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.
(2) Every person shall have the right of employment opportunities and receive a just and reasonable compensation from the employment relationship.
(3) Every citizen shall have the right to obtain equal opportunities in governance.
(4) Every person shall have the right of citizenship status.

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.
(2) Every person shall have the right to have freedom of belief, express his/her thoughts and attitudes, in accordance with his/her conscience.
(3) Every person shall have the right of freedom to organize, to assemble, and to express opinions.

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.
(2) Every person shall have the right to be free from torture or any derogatory treatment demeaning human dignity and is entitled to political asylum from another nation.

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.
(2) Every person shall have the right of facilities and special treatment for equal opportunities and benefits in order to achieve equality and equity.
(3) Every person shall have the right of social security guarantees that enable him/her to develop completely as a dignity human being.
(4) Every person shall have the right of personal possessions and those possessions shall not be confiscated arbitrary by any person whatsoever.

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.
(2) Every person shall have the right to be free from discriminatory treatment on the basis of any pretext and is entitled to receive protection from that discriminatory treatment.
(3) The cultural identity and traditional society rights shall be respected in line with age progress and human civilization.
(4) The protection, advancement, upholding, and fulfillment of human rights shall be the responsibility of the state, especially the government.
(5) To uphold and to protect human rights in accordance with the principles of a legal democratic nation, the practice of human rights shall be guaranteed, arranged, and embodied in statutory laws.

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.
(2) In carrying out rights and freedoms, every person is required to obey the predetermined limitations regulated by the law for the sole purpose of guaranteeing recognition and respect over the rights and freedoms enjoyed by other people and to fulfill the just demands in accordance with the considerations of morals, security, and public order within a democratic society.

CHAPTER XII
NATIONAL DEFENSE AND SECURITY

Article 30

(1) Every citizen shall have the right and duty to participate in the defense and security of the state efforts.
(2) The state’s defense and security efforts shall be conducted through a system of total people’s defense and security by the Indonesian National Army (TNI) and State Police of the Republic of Indonesia, as the main component, and the people, as the supporting components.
(3) The Indonesian National Army (TNI) shall consist of the Army, Navy, and Air Force as the nation’s implements in their duty of defending, protecting, and maintaining the integrity and sovereignty of the state.
(4) The State Police of the Republic of Indonesia as the national tool preserving security and public order shall have the duty to protect, shelter, and serve the public, and to uphold the law.
(5) The structure and position of the Indonesian National Army (TNI), the State Police of the Republic of Indonesia, the relationship in authorities between the Indonesian National Army (TNI) and the State Police of the Republic of Indonesia in conducting their duties, the requirements of the citizen participation in the efforts to defend and provide security for the nation, along with matters related to defense and security, shall be regulated by laws.
 


CHAPTER XV
THE FLAG, LANGUAGE, NATIONAL SYMBOL, AND
NATIONAL ANTHEM

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.
 

Decided in Jakarta
On 18 August 2000
THE PEOPLE’S CONSULTATIVE ASSEMBLY OF
THE REPUBLIC OF INDONESIA

Chairman,
 

Prof. Dr. H.M. Amien Rais

Vice Chairman,
 

Prof. Dr. Ir. Ginandjar Kartasasmita

Vice Chairman,
 

Drs. H.M. Husnie Thamrin

Vice Chairman,
 

Dr. Hari Sabarno, M.B.A., M.M.

Vice Chairman,
 

Prof. Dr. Jusuf Amir Feisal, S.Pd.

Vice Chairman,
 

Drs. H.A. Nazri Adlani

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