Indonesia is a nation made up of a very large chain of volcanic islands that stretch across the Indian and Pacific Oceans, located within Southeast Asia and Oceania. Indonesia is bordered with several nations including with Papua New Guinea, which it shares the island of New Guinea with, it borders the Eastern part of Malayasia on the island of Borneo, and it borders both parts of Timor-Leste or East Timor on the island of Timor, Timor-Leste used to be occupied by Indonesia but fought for its independence. Other nearby countries separated by the ocean include Thailand, the Western part of Malaysia, Vietnam, Singapore, Australia, Palau, the Philippines, and India’s Andaman and Nicobar Islands.
Indonesia’s capital city is currently Jakarta, located on the coast of the island of Java, between the provinces of Banten and West Java. But the country is planning to name a new capital city on the island of Borneo, planned to be within East Kalimantan province. The reason for the change is due to difficulties with Jakarta sitting on swampy lands, where it is sinking. The new capital city does not yet have a name.
The area Indonesia exists in has been well known for its valuable trade since at least the 7th Century, such trading Empires there included the Buddist Srijivaya Empire, based on the island of Sumatra, and later the Hindu Majapahit Empire based on the island of Java. There were a number of Buddhist and Hindu Kingdoms on the islands that flourished through absorbing of foreign influences.
Sunni traders and Sufi scholars would bring Islam to the islands which would grow to be the largest religion there, where it is now a days the most populous Muslim-majority country in the world. Christianity was introduced when European colonialism inevitably arrived to the islands, where the Dutch colonial Empire was the foremost power, although at times interrupted by rival colonial empires such as the Portuguese, French and British. The Dutch colonial presence lasted for three and a half centuries. During Dutch rule it was called the Dutch East Indies.
Moves for an independent state emerged in the early 20th Century and culminated with the state declaring its independence in 1945, following the end of turmoil and Japanese occupation during World War 2, starting off the Indonesian National Revolution, an armed and diplomatic conflict with the Dutch colonial power (whose governance of the territory had been displaced by the Japanese), the revolution would achieve victory by 1949 with the Dutch recognising Indonesia’s sovereignty. Indonesia was originally independent as a federation of states (United States of Indonesia), but by 17th August 1950 the last of the States dissolved themselves into a unitary republic, where the central government has outright authority over the whole territory, and there are no constitutionally reserved rights for States/Regions/Provinces.
In 1975 Indonesia invaded East Timor and occupied it under the pretext of stopping a Communist government from rising there, it came after a revolution in Portugal that led to East Timor getting its independence, the Indonesian occupation would last for 25-years where the country would be accused and condemned for human rights abuses, the country would eventually take back its independence in 1999.
In 2004 Indonesia was severely affected by the Indian Ocean earthquake which caused a massive tsunami, killing at least 130,000 citizens.
Indonesia, like India, is one of the world’s most ethnically diverse countries, having over 600 ethnic groups and over 700 regional languages. The official language is Indonesian and the largest religion by far is Islam, followed by Christianity. The country’s currency is the Indonesian rupiah. The country’s large population is over 275,333,600.
Government Type
Indonesia is a presidential representative democratic republic with a President who is both Head of State and Head of Government, legislative government is made up of the People’s Consultative Assembly, which is Indonesia’s bicameral parliament. Multiple parties are allowed.
The Executive Government
The President is both Head of State and Head of Government. They are the holder of executive power in which he/she uses in accordance with the Constitution and laws. The President is assisted by a Vice-President.
Presidential Vacancy
If the President dies, resigns, is impeached, or is not capable of implementing obligations of office during the rest of their term, then the Vice-President will replace them for the remainder of the term.
If the position of Vice-President becomes vacant for whatever reason, then the Regional Representative Council (upper chamber of parliament) will hold a session within 60-days to elect a new Vice-President from two people nominated by the President.
If both the President and Vice-President die, resign, impeached, or are permanently incapable of performing tasks and duties of office within their term, then the presidency shall be taken up by a joint-administration of the Minister of Foreign Affairs, Minister of Home Affairs, and the Defense Minister. 30-days after this the Regional Representative Council will hold a session to elect a new President and Vice-President from tickets nominated by political parties and coalitions of whose tickets won first and second place in the previous presidential election, who will serve the remainder of the term.
Presidential Duties
The President submits Government bills to the People’s Representative Council of the Republic of Indonesia, which is the lower house of the People’s Consultative Assembly (parliament) from which we shall here forth refer to as the People’s House of Representatives.
The President may also issue government regulations (or decrees) that are needed for the implementation of legislation that has been signed into law.
The President cannot freeze or dissolve the People’s House of Representatives.
The President is the Supreme Commander of the country’s Army, Navy and Air Force. The President can declare war, make peace and conclude treaties with the approval of the People’s House of Representatives (lower chamber of parliament). The President also concludes international agreements, some of which may need approval of the lower chamber as well, explained in more detail under Legislative Government.
The President appoints ambassadors and consuls. When appointing ambassadors, the President takes the opinion of the People’s House of Representatives into consideration. The President receives accreditation of foreign ambassadors, and again on this takes the lower chamber’s opinion into account.
The President also has the power to declare a State of Emergency if such grave conditions require it. Such can temporarily suspend certain rights and guarantees and give increased powers to authorities for the duration. Such is not laid out significantly in the constitution and is largely instead regulated by law. With such powers being regulated by law rather than a constitution can make these powers somewhat easier to abuse, depending on the circumstances. For example, it could be that changing such laws require special majorities, although again this would usually be stated in the constitution.
The President has the power to grant clemency and restoration of rights and through this power will have regard to the opinion of the Supreme Court. The President can also grant amnesty and dropping of charges and in doing this will regard the opinion of the People’s House of Representatives.
Under Article 16 of the country’s constitution the President shall establish an advisory council which has a duty to give advice and considered opinion to the President. The Council is further regulated by legislation rather than by the constitution, the Chapter IV: Supreme Advisory Council section, which probably would have given more details and constitutional regulation, has been removed from the constitution.
For the governance of Indonesia, the President is assisted by Ministers of State who are appointed by the President and can be dismissed by him/her. Each Minister of State is responsible for a particular area of government or government department which would include their full competence and responsibility over such areas, and decree powers in these areas for the implementation of legislation that has been signed into law.
The Ministries of State are largely regulated by the law rather than by the constitution, including rules and regulations around formation, change, and dissolution of ministries of state.
The President appoints the nine members of the country’s Constitutional Court, three of whom are nominated by him/her, three nominated by the Supreme Court, and three nominated by the People’s House of Representatives.
Presidential Removal
The President or Vice-President can be removed from office by a proposal made by the People’s House of Representatives if it is proven that the President or Vice-President has violated the law through an act of treason, corruption, bribery, or other act of grave criminal nature, or through moral turpitude; or if the President or Vice-President no longer meet the qualifications of office.
Before the People’s House of Representatives can submit a proposal for removal, a request to the Constitutional Court to investigate must first be made by a 2/3 majority of the total members of the People’s House of Representatives, and after a trial the court will make a decision on the accusation against the President or Vice-President, if they rule that the President or Vice-President has commit high treason or no longer meet qualifications then the lower house will make the decision to send the proposal for removal to the Regional Representative Council (upper house).
The upper house will then hold a plenary session and make a decision on the proposal after having heard the President or Vice-President’s explanation, it will then be decided by a 2/3 majority to remove the President or Vice-President, if the majority is not reached then they will remain in office.
The Legislative Government
The People’s Consultative Assembly is the bicameral parliament that makes up Indonesia’s legislative government. Its main purpose (that of the lower primary house specifically) is to have legislation introduced and to debate and possibly amend such legislation and either pass or reject it. Another major job of the parliament is oversight of the executive government and its actions. The upper house has no legislative authority, apart from on matters related to the representation of regions.
Again, as seems to be the story with Indonesia, many of the functions and procedures surrounding the People’s Consultative Assembly and its chambers are regulated by law rather than by the constitution.
People’s House of Representatives
The lower but primary chamber is the People’s House of Representatives. It, alongside the President, is the primary law-making chamber. This chamber currently has 575 elected members of which the number is not constitutionally fixed but instead regulated by law. Control of this chamber basically determines legislative control of the country.
Each legislative bill is discussed by this chamber with the President of the Republic to reach joint-approval. The President, once a bill is jointly-approved between him/her and this chamber, will then sign (promulgate) the bill into law. If the bill fails joint-approval then it cannot be reintroduced within the same term of sessions. This means the President has vast power and control over legislation, which is quite unusual for a modern-day President, many other country’s do not constitutionally allow this level of control, it is especially evident that the chamber cannot even override the President.
The chamber also holds legislative, budgeting, and oversight functions. To carry out these functions the chamber has the power of interpellation of members of government, the right of investigation, and the right to declare an opinion.
The President will introduce the annual State Budget to this chamber for joint-consideration. This consideration also takes into account the opinions of the upper chamber. If the budget fails to be approved then the Budget for the previous year will be implemented instead.
The members of this chamber elect the members of the country’s Supreme Audit Board (and also take into account the opinions of the Upper Chamber on this), who are then appointed by the President. This board’s purpose is to investigate the management and accountability of state finances, the Board is to be free and independent.
This chamber gives approval to the members appointed to the independent Judicial Commission by the President. One of the jobs of this Commission is to propose candidate justices for the country’s Supreme Court who are to be approved by this chamber and then appointed by the President.
All members have the right to submit questions and propose suggestions. All members also have the right to propose legislative bills.
This chamber has the power to propose a removal of the President or Vice-President from office, as has been described above under the Presidential Removal section under Executive Government.
This chamber also has the power to approve or block the President from declaring war or making peace or from concluding treaties. Certain International Agreements may also need approval by this chamber if they produce an extensive and fundamental impact on the lives of people linked to the state financial burden, and/or that requires an amendment to or the enactment of a law.
Under certain compelling exigencies, such as State of Emergency or other emergency provision, the President shall have the right to establish government regulations (by decree) in lieu of laws. These government regulations must obtain approval of this chamber at their next session, otherwise they will be revoked.
Regional Representative Council
The upper chamber is the Regional Representative Council. It currently has 136 elected members who are nonpartisan, political party affiliation and other groupings are not allowed in this chamber, unlike in the lower chamber.
The constitution says that members elected from each province must number the same as all other provinces, enabling them all equal representation not based on population numbers. The total number of members can also not exceed a third of the total membership of the People’s House of Representatives.
The main purpose of the upper chamber is to represent regional interests rather than the interests of the populace as a whole. It has the power to propose bills to the lower chamber related to regional autonomy, relationships between central and local government, formation, expansion, and merger of regions, management of natural resources and other economic resources, as well as Bills related to financial balance between the centre and regions. This chamber also has the right to participate in all discussions related to these topics and issues.
This chamber also provides consideration to the People’s House of Representatives over Bills on the State Budget, and on bills related to taxation, education or religion.
This chamber also oversees the implementation of laws related to all that mentioned above and in addition submit the result of such oversight to the People’s House of Representatives for its further consideration.
This chamber has the power to decide on a proposal for removal of the President or Vice-President from office, as has been described above.
The Electoral System
Presidential Elections happen every 5-years to elect the President and Vice-President, both of whom run of the same ticket. Candidates are nominated by political parties or coalitions whom are taking part in General Elections.
To be eligible as candidate for President or Vice-President one must be a citizen of Indonesia since birth, whom has never acquired another citizenship by his/her own will, and shall never have committed an act of treason against the State, and shall be mentally and physically capable of implementing duties and obligations of their offices. Such further requirements are regulated by law.
The Presidential election uses a two-round system, to win outright in the first round a candidate requires an absolute majority of the national vote and at least 20% of the vote in more than half of the total number of provinces. If this does not happen a 2nd round will be held between the top two candidates which is won by simple majority popular vote.
The Presidency is limited to two terms, (10-years).
Parliamentary elections for each chamber are also held every 5-years.
As it stands under current law, the members of the People’s House of Representatives (lower chamber) are elected from multi-seat constituencies using a proportional representation system using a single non-transferable vote, this means that parties or groups etc. who reach certain vote thresholds, regulated by law, are guaranteed seats, this means coalitions are a lot more likely than single party control.
As it stands under current law, the members of the Regional Representative Council (upper chamber) are elected from multi-seat electoral districts, with each province acting as a district, and currently all provinces must elect four members each. It uses the same proportional representative system as the lower house. Candidates for this upper chamber must stand as Independents who are nonpartisan, and cannot stand for political parties or coalitions.
The country’s elections are organized by a national, independent, and permanent general election commission. Further provision regarding general elections is regulated by law. Procedure for presidential elections is fixed in the constitution, but election procedure for the parliament is not constitutionally fixed but regulated by law. Qualifications and requirements for members of both chambers and provisions/procedure for removal of legislators from being members of a chamber are also regulated by law and not fixed by the constitution.
Sources
The source for this comes from Indonesia’s Constitution of 1945 with amendments through to 2002 (constituteproject.org) and so should be as up to date as possible but there is always the chance I missed something or misinterpreted something and of course the constitution can again be amended and so this post may eventually become outdate, and so if using this post in a serious capacity it is suggested to cross-research.
Some information on how elections work for the country’s Parliament was obtained from the CIA World Factbook’s Indonesia page under Government section.
Amendment of the constitution requires a proposal in a joint-sitting of both chambers of parliament of at least 1/3 of the total membership, adoption of amendment requires a joint-sitting of both chambers to adopt it by an absolute majority of total membership. Amendments to the country’s unitary form are not allowed.
Next up shall be the government system of Iran!
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