Provisional Constitution of 1950
Encyclopedia
The 1950 Provisional Constitution (UUDS 1950) 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. It was abrogated on July 5, 1959 when President Sukarno
issued a decree dissolving the Constitutional Assembly and restoring the 1945 Constitution of Indonesia
.
to the United States of Indonesia (RUSI), the Federal Constitution of 1949
replaced the 1945 Constitution of Indonesia
. However over the next few months, there appeared a groundswell of public opinion for a return to a unitary state. By early May 1950, this had become the major priority for the RUSI cabinet led by Prime Minister Mohammad Hatta
. On May 19 1950, Hatta (representing the RUSI and the states of East Indonesia and East Sumatra) and the prime minister of the (constituent) Republic of Indonesia Abdul Halim agreed on a Joint RUSI-Republic of Indonesia Charter, which contained the following points:
The two governments further agreed that this provisional constitution would be submitted to both states' parliaments for approval (but not amend). If this was obtained, a joint session of both parliaments would be held, at which the president would formally inaugurate the unitary state.
and the Indonesian Republic's prime minister Abdul Halim. Hatta and Abdul Halim had previously agreed that all the members of the RUSI House of Representatives as well as the republic's legislature would be members of the unicameral parliament, with other members to be appointed by the president. The committee eventually decided that in addition, the members of the RUSI senate and the Supreme Advisory Council of the Republic would also be members, resulting in a 236-member house. The committee also decided that Jakarta
would be the capital of the state and that the nation would be divided into 10 provinces and two special regions (Greater Jakarta and Yogykarta).
After two months of deliberations, the committee agreed on a draft constitution, which after some minor changes, was approved by both governments on July 20. Both parliaments approved it on August 14, three days ahead of the Independence Day anniversary deadline.
Like its predecessor, this constitution would be provisional, and would stipulate that a constitutional assembly would produce a definitive document. It provided for a unicameral parliamentary form of government with a cabinet and prime minister held responsible to the parliament and for a President but with no real executive powers.
With a total of 146 articles, the constitution was divided into six main sections:
Key provisions included:
in the new state. In July 1958, army chief-of-staff Abdul Haris Nasution
suggested returning to the 1945 Constitution. The army organized demonstrations in favor of this, and the idea gained popularity with a number of political parties. After it had failed to obtain the necessary two-thirds majority for such a return, on July 5, President Sukarno
issued a decree
dissolving it and restoring the 1945 Constitution of Indonesia
.
Federal Constitution of 1949
The 1949 Federal Constitution of the United States of Indonesia replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the Dutch-Indonesian Round Table Conference...
when 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...
unilaterally withdrew from the union with 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...
agreed at the Round Table Conference
Dutch-Indonesian Round Table Conference
The Dutch–Indonesian Round Table Conference was held in the Hague from August 23 - November 2, 1949, between representatives of the Netherlands, the Republic of Indonesia and the BFO representing various states the Dutch had created in the Indonesian archipelago...
and returned to being a unitary state. It came into force on August 17, 1950. It was abrogated on July 5, 1959 when 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...
issued a decree dissolving the Constitutional Assembly and restoring the 1945 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...
.
Background
On December 27, 1949, following the handover of sovereignty from the NetherlandsNetherlands
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...
to the United States of Indonesia (RUSI), the Federal Constitution of 1949
Federal Constitution of 1949
The 1949 Federal Constitution of the United States of Indonesia replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the Dutch-Indonesian Round Table Conference...
replaced the 1945 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...
. However over the next few months, there appeared a groundswell of public opinion for a return to a unitary state. By early May 1950, this had become the major priority for the RUSI cabinet led by Prime Minister Mohammad Hatta
Mohammad Hatta
was born in Bukittinggi, West Sumatra, Dutch East Indies . He was Indonesia's first vice president, later also serving as the country's Prime Minister. Known as "The Proclamator", he and a number of Indonesians, including the first president of Indonesia, Sukarno, fought for the independence of...
. On May 19 1950, Hatta (representing the RUSI and the states of East Indonesia and East Sumatra) and the prime minister of the (constituent) Republic of Indonesia Abdul Halim agreed on a Joint RUSI-Republic of Indonesia Charter, which contained the following points:
- That the new "Republic of Indonesia" would be established as quickly as possible.
- That the constitution of the new state would be a modified version of the 1949 Constitution of the United States of Indonesia
- That the constitution would contain the provision that "the right to property is a social function"
- That the RUSI Senate would be abolished, while the Provisional House of Representatives would be made up of the RUSI House of Representatives plus the Republic of Indonesia Central Committee (KNIP). Any additional members would be appointed by the president taking into account the views of the government.
- Sukarno would be president of the new state, with the position of vice-president to be considered further.
- That the cabinet would be of parliamentary form
- That a committee should be established to implement this agreement as speedily as possible.
The two governments further agreed that this provisional constitution would be submitted to both states' parliaments for approval (but not amend). If this was obtained, a joint session of both parliaments would be held, at which the president would formally inaugurate the unitary state.
The Committee for the Preparation of the Unitary State
This committee was formally established immediately after the May 19 agreement. It had 14 members, with seven appointed by each government. It was chaired jointly by the RUSI justice minister SoepomoSoepomo
Prof. Dr. Mr. Soepomo was Indonesia's first Minister of Justice, serving in the Presidential Cabinet from 19 August to 14 November 1945 and from 20 December 1949 to 6 September 1950.-Biography:...
and the Indonesian Republic's prime minister Abdul Halim. Hatta and Abdul Halim had previously agreed that all the members of the RUSI House of Representatives as well as the republic's legislature would be members of the unicameral parliament, with other members to be appointed by the president. The committee eventually decided that in addition, the members of the RUSI senate and the Supreme Advisory Council of the Republic would also be members, resulting in a 236-member house. The committee also decided that Jakarta
Jakarta
Jakarta is the capital and largest city of Indonesia. Officially known as the Special Capital Territory of Jakarta, it is located on the northwest coast of Java, has an area of , and a population of 9,580,000. Jakarta is the country's economic, cultural and political centre...
would be the capital of the state and that the nation would be divided into 10 provinces and two special regions (Greater Jakarta and Yogykarta).
After two months of deliberations, the committee agreed on a draft constitution, which after some minor changes, was approved by both governments on July 20. Both parliaments approved it on August 14, three days ahead of the Independence Day anniversary deadline.
Provisions of the Constitution
With a total of 146 articles, the constitution was divided into six main sections:
- The State of the Republic of Indonesia
- Instruments of state
- Functions of the instruments of state
- Administration of the regions and autonomous regions
- The Constitutional Assembly
- Amendments, transitional and final provisions
Key provisions included:
- The right for the government to pass emergency laws, which would remain in force until specifically revoked by parliament
- The right of the president to dissolve the House of Representatives (but which had to be accompanied by a call for elections within 30 days)
- A constituent assembly to be elected by secret ballot. Any constitution would require a two-thirds majority to be approved
- 28 articles on fundamental rights and freedoms covering equality before the law, freedom of movement, a ban on all types of slavery, freedom of religion, freedom of opinion and expression, freedom of assembly and the right to demonstrate and strike. This section was based on the 1948 Universal Declaration of Human RightsUniversal Declaration of Human RightsThe 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 Abrogation of the Constitution
In 1955 elections were held for the Constitutional Assembly, which was tasked with drawing up a permanent constitution. However, after much wrangling, it failed to agree, with the principal issue being the role of IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
in the new state. In July 1958, army chief-of-staff 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...
suggested returning to the 1945 Constitution. The army organized demonstrations in favor of this, and the idea gained popularity with a number of political parties. After it had failed to obtain the necessary two-thirds majority for such a return, on July 5, 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...
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 it and restoring the 1945 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...
.