The Constitution of the Republic of Indonesia1945

The 1945 Constitution of the Republic of Indonesia

As amended by the First Amendment of 1999, 

the Second Amendment of 2000, 

the Third Amendment of 2001 and 

the Fourth Amendment of 2002

Unofficial translation

THE PREAMBLE TO THE CONSTITUTION 
Whereas independence is the inalienable right of all nations, therefore, all colonialism must be abolished in this world as it is not in conformity with humanity and justice; And the moment of rejoicing has arrived in the struggle of the Indonesian independence movement to guide the people safely and well to the gate of the independence of the state of Indonesia which shall be independent, united, sovereign, just and prosperous; By the grace of God Almighty and motivated by the noble desire to live a free national life, the people of Indonesia hereby declare their independence.

Subsequent thereto, to form a government of the state of Indonesia which shall protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice, therefore the independence of Indonesia shall be formulated into a constitution of the Republic of Indonesia which shall be built into a sovereign state based on a belief in the One and Only God, just and civilised humanity, the unity of Indonesia, and democratic life led by wisdom of thoughts in deliberation amongst representatives of the people, and achieving social justice for all the people of Indonesia.

ARTICLES
Chapter I
Form of the State and Sovereignty
Article 1
(1) The State of Indonesia shall be a unitary state in the form of a republic.
(2) Sovereignty is in the hands of the people and is implemented according to this Constitution.
(3) The State of Indonesia shall be a state based on the rule of law. Chapter II
The People's Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR)

Article 2
(1) The MPR shall consist of the members of the DPR and the members of the DPD who have
been elected through general elections, and shall be regulated further by law.
(2) The MPR shall convene in a session at least once in every five years in the capital of the
state.
(3) All decisions of the MPR shall be taken by a majority vote.

Article 3
(1) The MPR has the authority to amend and enact the Constitution.
(2) The MPR shall inaugurate the President and/or Vice President.
(3) The MPR may only dismiss the President and/or Vice-President during his/her term of office in
accordance with the Constitution.

To complete these article, please download: http://www.embassyofindonesia.org/about/pdf/IndonesianConstitution.pdf

The Complexity of the Law in Indonesia

Indonesian Law
The Indonesian legal system is complex because it is a confluence of three distinct systems: Adat law, Dutch colonial law and national law co-exist in modern Indonesia. For example, commercial law is grounded upon the Commercial Code 1847 (Kitab UndangUndangHukum Dagang or Wetboek van Koophandel), a relic of the colonial period.  Adat law is less conspicuous. However, some adat principles such as ‘consensus through decision making’ (musyawarah untuk mufakat) appear in modern Indonesian legislation (Tabalujan).

Yet if we go beyond such retrospective descriptions to consider functional categories, a convenient point of departure is the contrast between present-day Indonesian law and what can be reconstructed of law on Java in, say, the late seventeenth century. Again history raises its face in the question of terminology. What does one call the period preceding the relatively short colonial era without implying an inevitable period of European dominance? It is probably termed the same as the first year of the 30-Years War.

Indonesia Property Law and Ownership Guide

Please note that the information here supplied is to be used as a guide only . For exact information please consult a lawyer or notary in your area, and seek advise from foreigners who have been living in Bali for some time. There are exceptions on the information here supplied, depending on the area of Indonesia, rules in Batam and Jakarta are different. There are "decrees" with exemptions. In general one can conclude that that there many unclear areas in the Indonesian law, but it is generally safe to aquire properties.

Can a foreign person or other foreign entity legally purchase property in Indonesia?