Constitutional Assembly
Encyclopedia
The Constitutional Assembly was a body elected in 1955
Indonesian Constituent Assembly election, 1955
Constitutional Assembly elections were held in Indonesia on 15 December 1955. The Indonesian Provisional Constitution of 1950 had provided for the establishment of a democratically elected Constitutional Assembly to draw up a permanent constitution. In April 1953 the legislature passed the election...
to draw up a permanent constitution for the Republic of Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
. It sat between November 10, 1956 and July 2, 1959. It was dissolved by then President Sukarno
Sukarno
Sukarno, born Kusno Sosrodihardjo was the first President of Indonesia.Sukarno was the leader of his country's struggle for independence from the Netherlands and was Indonesia's first President from 1945 to 1967...
in a decree
President Sukarno's 1959 Decree
The Presidential Decree of 5 July 1959 was issued by President Sukarno in the face of the inability of the Constitutional Assembly of Indonesia to achieve the two-thirds majority to reimpose the 1945 Constitution...
issued on July 5, 1959 which reimposed the 1945 Constitution
Constitution of Indonesia
The Constitution of Indonesia is the basis for the government of the Indonesia.The constitution was written in June, July and August 1945, when Indonesia was emerging from Japanese control at the end of World War II...
.
Background
On 17 August 1945, Sukarno proclaimed the independenceIndonesian Declaration of Independence
The Proclamation of Indonesian Independence was read at 10.00 a.m. on Friday, August 17, 1945. The declaration marked the start of the diplomatic and armed-resistance of the Indonesian National Revolution, fighting against the forces of the Netherlands until the latter officially acknowledged...
of the Republic of Indonesia. The next day, a meeting of the Committee for Indonesian Independence chaired by President Sukarno officially adopted the Constitution of Indonesia
Constitution of Indonesia
The Constitution of Indonesia is the basis for the government of the Indonesia.The constitution was written in June, July and August 1945, when Indonesia was emerging from Japanese control at the end of World War II...
, which had been drawn up by the Agency for Investigating Efforts for the Preparation of Independence in the months leading up to the Japanese surrender
Victory over Japan Day
Victory over Japan Day is a name chosen for the day on which the Surrender of Japan occurred, effectively ending World War II, and subsequent anniversaries of that event...
. In an about speech, Sukarno stated that the constitution was "a temporary constitution...a lightning constitution", and that a more permanent version would be drawn up when circumstances permitted.
It not until 1949 that the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
formally transferred sovereignty to Indonesia, and the United States of Indonesia was established. On August 17 the following year, this was dissolved and replaced by the unitary state of the Republic of Indonesia, with Sukarno at its head. Article 134 of the Provisional Constitution of 1950
Provisional Constitution of 1950
The 1950 Provisional Constitution replaced the Federal Constitution of 1949 when Indonesia unilaterally withdrew from the union with the Netherlands agreed at the Round Table Conference and returned to being a unitary state. It came into force on August 17, 1950...
stated, "The Constituent Assembly together with the government shall enact as soon as possible the Constitution of the Republic of Indonesia which shall replace this Provisional Constitution.
Organization
The assembly was led by a speaker and five deputy speakers elected from the membership. The Constitution Preparation Committee represented all the groupings within the assembly, and was tasked with drawing up proposals for the constitution to be debated by the plenary session. Below this committee was the constitutional committee, which had the power to establish commissions made up of at least seven members according to need to discuss various aspects of the constitution, and other committees to discuss other specific issues.
Composition
Elections for the Constitutional AssemblyIndonesian Constituent Assembly election, 1955
Constitutional Assembly elections were held in Indonesia on 15 December 1955. The Indonesian Provisional Constitution of 1950 had provided for the establishment of a democratically elected Constitutional Assembly to draw up a permanent constitution. In April 1953 the legislature passed the election...
were held in December 1955, but the assembly only convened in November 1956. There were a total of 514 members, with the composition broadly reflecting that of the People's Representative Council
People's Representative Council
The People's Representative Council , sometimes referred to as the House of Representatives, is one of two elected national legislative assemblies in Indonesia....
, the elections to which had produced very similar results. Like the legislature, no party had an overall majority, and the four largest parties were the Indonesian National Party
Indonesian National Party
The Indonesian National Party is the same used by several political parties in Indonesia from 1927 until the present day.-Pre-independence:...
(Partai Nasional Indonesia), the Masjumi
Masyumi Party
Masyumi Party was a major Islamic political party in Indonesia during the Liberal Democracy Era in Indonesia. It was banned in 1960 by President Sukarno for supporting the PRRI rebellion.-History:...
, Nahdatul Ulama
Nahdatul Ulama
Nahdlatul Ulama is a traditionalist Sunni Islam group in Indonesia.The NU was established on January 31, 1926 as a reaction to the modernist Muhammadiyah organization. In 1965, the group took sides with the General Suharto-led army and was heavily involved in the mass killings of Indonesian...
and the Indonesian Communist Party
Communist Party of Indonesia
The Communist Party of Indonesia was the largest non-ruling communist party in the world prior to being crushed in 1965 and banned the following year.-Forerunners:...
(Partai Komunis Indonesia). There were a total of 34 factions represented, divided into three blocs, according to the final form of the Indonesian state they wanted to see.
| Faction | Seats |
|---|---|
| Pancasila Bloc (230 seats, 53.3%) | |
| Indonesian National Party Indonesian National Party The Indonesian National Party is the same used by several political parties in Indonesia from 1927 until the present day.-Pre-independence:... (PNI) |
119 |
| Communist Party of Indonesia Communist Party of Indonesia The Communist Party of Indonesia was the largest non-ruling communist party in the world prior to being crushed in 1965 and banned the following year.-Forerunners:... (PKI) |
60 |
| Proclamation Republic | 20 |
| Indonesian Christian Party (Parkindo) | 16 |
| Catholic Party | 10 |
| Socialist Party of Indonesia Socialist Party of Indonesia The Socialist Party of Indonesia was a political party in Indonesia from 1948 until 1960, when it was banned by President Sukarno.-Origins:... (PSI) |
10 |
| League of Upholders of Indonesian Independence (IPKI) | 8 |
| Others | 31 |
| Islamic Bloc (274 seats, 44.8%) | |
| Masjumi Masyumi Party Masyumi Party was a major Islamic political party in Indonesia during the Liberal Democracy Era in Indonesia. It was banned in 1960 by President Sukarno for supporting the PRRI rebellion.-History:... |
112 |
| Nahdatul Ulama Nahdatul Ulama Nahdlatul Ulama is a traditionalist Sunni Islam group in Indonesia.The NU was established on January 31, 1926 as a reaction to the modernist Muhammadiyah organization. In 1965, the group took sides with the General Suharto-led army and was heavily involved in the mass killings of Indonesian... |
91 |
| Indonesian Islamic Union Party Indonesian Islamic Union Party Islamic Association Party of Indonesia was an Islamic political party in Indonesia. In 1973 it was merged into the United Development Party.-Origins:The Sarekat Islam was a pre-war political organization in the then-Dutch East Indies... (PSII) |
16 |
| Islamic Educators Association (Perti) | 7 |
| Others | 4 |
| Socio-Economic Bloc (10 seats, 2.0%) | |
| Labour Party Labour Party (Indonesia) The Labour Party was a political party in Indonesia. It was formed on December 25, 1949 by a group of former Labour Party of Indonesia members, who had disagreed with the merger of PBI into the Communist Party of Indonesia.... |
5 |
| Murba Party Murba Party Murba Party was a 'national communist' political party in Indonesia. The party was founded by Tan Malaka's followers in 1948. The history of the party was largely intertwined with that of the powerful Communist Party of Indonesia . Initially relations between PKI and the Murba Party were fluid,... |
1 |
| Acoma Party Acoma Party The Acoma Party was a communist political party in Indonesia. It evolved out of the Young Communist Force . Acoma was converted into Partai Acoma on August 8, 1952... |
1 |
| Total Seats | 514 |
Sessions
Bandung
Bandung is the capital of West Java province in Indonesia, and the country's third largest city, and 2nd largest metropolitan area in Indonesia, with a population of 7.4 million in 2007. Located 768 metres above sea level, approximately 140 km southeast of Jakarta, Bandung has cooler...
, which had been used for the 1955 Asian-African Conference
Asian-African Conference
The first large-scale Asian–African or Afro–Asian Conference—also known as the Bandung Conference—was a meeting of Asian and African states, most of which were newly independent, which took place on April 18–24, 1955 in Bandung, Indonesia...
. There were a total of four sessions.
10–26 November 1956
On 9 November 1956, the members elected to the Constitutional Assembly took their oaths of office, and the following day the Assembly was officially inaugurated by President Sukarno, who gave a speech a permanent constitution. WilopoWilopo
Wilopo was an Indonesian politician and member of the Indonesian National Party. He served as prime minister of Indonesia from April 1952 to June 1953.-References:...
of the PNI
Indonesian National Party
The Indonesian National Party is the same used by several political parties in Indonesia from 1927 until the present day.-Pre-independence:...
was elected speaker, and Prawoto Manhkusasmito (Masjumi
Masyumi Party
Masyumi Party was a major Islamic political party in Indonesia during the Liberal Democracy Era in Indonesia. It was banned in 1960 by President Sukarno for supporting the PRRI rebellion.-History:...
), with Fatchurahman Kafrawi (NU
Nahdatul Ulama
Nahdlatul Ulama is a traditionalist Sunni Islam group in Indonesia.The NU was established on January 31, 1926 as a reaction to the modernist Muhammadiyah organization. In 1965, the group took sides with the General Suharto-led army and was heavily involved in the mass killings of Indonesian...
), Johannes Leimena
Johannes Leimena
Dr. Johannes Leimena was Deputy Prime Minister of Indonesia from 1957 - 1966 and served as Minister of Health under President Sukarno from 1946 - 1956. A Christian, he founded the Indonesian Christian Party in 1950...
(Parkindo), Sakirman (PKI
Communist Party of Indonesia
The Communist Party of Indonesia was the largest non-ruling communist party in the world prior to being crushed in 1965 and banned the following year.-Forerunners:...
) and Hidajat Ratu Aminah (IPKI) as deputy speakers.
14 May – 7 December 1957
The session began with a discussion of procedures and regulations, then moved on to the material and system of constitution. However, the most important debate in this session was that on the basis of state. There were three proposals. Firstly, a state based on Pancasila, the philosophical basis for the state as formulated by Sukarno in a speech on 1 June 1945. This was seen as a forum for all the different groups and beliefs in society that would be to the detriment of nobody. The second proposal was for a state based on IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, and the third was for a socio-economic structure based on the family as set out in Article 33 of the 1945 Constitution. As none of the factions supporting these respective ideologies was able to command the necessary 2/3 of votes needed, this resulted in deadlock. Islamic parties accused the PKI of hypocrisy for supporting Pancasila with its commitment to belief in God rather than the socio-economic philosophy.
Between 20 May and 13 June 1957, the Assembly discussed the material to be included in the debate over human rights. In contrast to the debate on the basis of the state, all sides were broadly in agreement over the importance of including provisions guaranteeing human rights in the new constitution, and this was subsequently agreed by acclamation.
13 January – 11 September 1958
The most important business in the second session concerned human rights. From 28 January to 11 September 1958 there were 30 plenary sessions and a total of 133 speeches. Among the rights agreed on were freedom of religion, rights for women (including in marriage), the rights laid down in articles 16 and 25 of the Universal Declaration of Human RightsUniversal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
(the right to marriage and to raise a family, the right to health and prosperity and equal rights for children born outside marriage), the right to reasonable wage and freedom of the press.
22 April – 2 July 1959
On 18 February 1959, the Constitution Preparation Committee decided the 1959 plenary session of the Assembly would begin on 29 April 1959 (subsequently brought forward a week)and would discuss the form of the state and government, the preamble to the constitution and the broad outlines of state policy. However, the following day, the cabinet decided to implement Sukarno's concept of Guided Democracy under the 1945 ConstitutionConstitution of Indonesia
The Constitution of Indonesia is the basis for the government of the Indonesia.The constitution was written in June, July and August 1945, when Indonesia was emerging from Japanese control at the end of World War II...
. Army Chief of Staff General Abdul Haris Nasution
Abdul Haris Nasution
In this Indonesian name, the name "Nasution" is a family name, and the person should be referred to by the family name "Nasution".Abdul Haris Nasution was an Indonesian general who was twice appointed Army Chief of Staff and who escaped an assassination attempt during the...
had first proposed a return to Indonesia's original constitution in August 1958. Although the PNI agreed to his proposal in early 1959, the NU leadership only did in the face of threats that pending corruption charges against party leaders would be taken to court, although the party membership was not consulted. The PKI followed suit once it realized the restoration of the constitution was inevitable. However Masjumi members were strongly opposed because of the potential to turn the nation into a dictatorship, as it would be very easy for the president to abuse his power. There were also calls for the human rights clauses agreed by the assembly to be included in the 1945 Constitution. Prime Minister Djuanda admitted there were shortcomings in the Constitution, but said that it could be amended at a later date. Meanwhile the Army organized demonstrations in favor of the return to the 1945 Constitution. Sukarno left the country on a tour on 23 April, with the government confident of a two-thirds majority on the Assembly - sufficient to reintroduce the 1945 Constitution. However, the debate in the Assembly turned away from constitutional issues into the question of Islam, splitting the membership. The government tried to pressure the NU, but on 23 May, the proposal to include the Jakarta Charter was defeated in a plenary session of the Assembly and the NU turned against a return to the 1945 Constitution. At the first vote on 30 May, despite it being open to put pressure on NU members to follow the leadership's line, the vote was 269 in favor and 199 against - short of the two-thirds necessary. A secret ballot, allowing the NU members to change their votes without it being known, was held on 1 June, but also failed, as did a final open vote on 2 June, with just 56% in favor. The next day, 3 June 1959, the Assembly went into recess, never to meet again.
The end of the Constitutional Assembly
Nasution wanted the Army to receive the credit for the restoration of the 1945 Constitution, and was behind the endeavor to find a mechanism to do so. A decree reimposing it could be justified by the current emergency situation, but the Constitutional Assembly also had to be removed from the scene. With the help of the League of Upholders of Indonesian Independence (IPKI), Nasution's solution was that if a majority of Assembly members refused to attend proceedings, it would automatically cease to exist. The IPKI therefore established a Front for the Defense of Pancasila, comprising 17 minor parties who would comply with this suggestion. The PKI and PNI subsequently said they would only attend to vote for the Assembly to be dissolved. On 15 June 1959, the Djuanda CabinetDjuanda Cabinet
The Djuanda Cabinet, or "Working Cabinet" was an Indonesian cabinet that served from 9 April 1957 until 5 July 1959, when it was dissolved by a decree from President Sukarno.-Background:...
contacted Sukarno overseas, advising him of possible plans of action, including issuing a decree. Two weeks later, Sukarno returned to Indonesia and decided to adopt this course of action. On 5 July 1959, two days after informing the cabinet of his decision, he issued a decree
President Sukarno's 1959 Decree
The Presidential Decree of 5 July 1959 was issued by President Sukarno in the face of the inability of the Constitutional Assembly of Indonesia to achieve the two-thirds majority to reimpose the 1945 Constitution...
dissolving the Constituent Assembly and reimposing the 1945 Constitution.