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The Government System of Indonesia
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Post author By Charlie February 18, 2021
The Government System of Indonesia
theweeklyrambler.com/the-government-system-of-indonesia/
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
7 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
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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 20 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 17 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
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Indonesia’s National Emblem.
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
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Merdeka Palace, official residence of the Indonesian President. Photo by Gunkarta Gunawan
Kartapranata from Wikimedia Commons. CC BY-SA 3.0. Source.
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.
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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
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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
Meeting place of the People’s Consultative Assembly chambers. Photo in Public Domain.
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.
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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
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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
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Indonesia’s provinces. Image by Yug from Wikimedia Commons. CC BY-SA 3.0. Source.
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 2 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.
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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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