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Constitutional Assembly of Indonesia

From Wikipedia, the free encyclopedia

Constitutional Assembly

Konstituante
Type
Type
History
Founded9 November 1956 (1956-11-09)
Disbanded5 July 1959 (1959-07-05)
Leadership
Speaker
Deputy Speaker
Deputy Speaker
Deputy Speaker
Deputy Speaker
Sakirman, PKI
Deputy Speaker
Ratu Aminah Hidayat, IPKI
Elections
First election
15 December 1955
Meeting place
Constitutional Assembly Building, Bandung

The Constitutional Assembly (Indonesian: Konstituante) was a body elected in 1955 to draw up a permanent constitution for the Republic of Indonesia. It sat between 10 November 1956 and 2 July 1959. It was dissolved by then President Sukarno in a decree issued on 5 July 1959 which reimposed the 1945 Constitution.

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  • The French Revolution: Crash Course World History #29

Transcription

Hi, my name is John Green, this is Crash Course World History and today we’re going to talk about The French Revolution. Admittedly, this wasn’t the French flag until 1794, but we just felt like he looked good in stripes. [vertical = slimming] As does this guy. Huh? So, while the American Revolution is considered a pretty good thing, the French Revolution is often seen as a bloody, anarchic mess—which— Mr. Green, Mr. Green! I bet, like always, it’s way more complicated than that. Actually no. It was pretty terrible. Also, like a lot of revolutions, in the end it exchanged an authoritarian regime for an authoritarian regime. But even if the revolution was a mess, its ideas changed human history— far more, I will argue, than the American Revolution. [Intro music] [intro music] [intro music] [intro music] [intro music] [intro music] [intro music] Right, so France in the 18th century was a rich and populous country, but it had a systemic problem collecting taxes because of the way its society was structured. They had a system with kings and nobles we now call the ancien regime. Thank you, three years of high school French. [and Meredith the Interness] And for most French people, it sucked, [historical term] because the people with the money— the nobles and the clergy— never paid taxes. So by 1789, France was deeply in debt thanks to their funding the American Revolution— thank you, France, [also for Goddard and The Coneheads] we will get you back in World Wars I and II. And King Louis XVI was spending half of his national budget to service the federal debt. Louis tried to reform this system under various finance ministers. He even called for democracy on a local level, but all attempts to fix it failed and soon France basically declared bankruptcy. This nicely coincided with hailstorms that ruined a year’s harvest, [ah, hail] thereby raising food prices and causing widespread hunger, which really made the people of France angry, because they love to eat. Meanwhile, the King certainly did not look broke, as evidenced by his well-fed physique and fancy footwear. He and his wife Marie Antoinette also got to live in the very nice Palace at Versailles thanks to God’s mandate, but Enlightenment thinkers like Kant were challenging the whole idea of religion, writing things like: “The main point of enlightenment is of man’s release from his self-caused immaturity, primarily in matters of religion.” [while smacking folks in face w/ glove] So basically the peasants were hungry, the intellectuals were beginning to wonder whether God could or should save the King, and the nobility were dithering about, eating fois gras and songbirds, [I'd rather eat cake, personally] failing to make meaningful financial reform. In response to the crisis, Louis XVI called a meeting of the Estates General, the closest thing that France had to a national parliament, which hadn’t met since 1614. The Estates General was like a super parliament made up of representatives from the First Estate, the nobles, the Second Estate, the clergy, and the Third Estate, everyone else. The Third Estate showed up with about 600 representatives, the First and Second Estates both had about 300, and after several votes, everything was deadlocked, and then the Third Estate was like, “You know what? Forget you guys. [expletive deleted] We’re gonna leave and we’re gonna become our own National Assembly.” This did not please King Louis XVI. [everything can't be an eclair, Lou] So when the new National Assembly left the room for a break, he locked the doors, and he was like, "Sorry, guys, you can't go in there. And if you can't assemble, how you gonna be a national assembly?" […and with that, mischief managed!] Shockingly, the Third Estate representatives were able to find a different room in France, [D'oh!] this time an indoor tennis court where they swore the famous Tennis Court Oath. [Like McEnroe? You can't be serious..] And they agreed not to give up until a French constitution was established. So then Louis XVI responded by sending troops to Paris primarily to quell uprisings over food shortages, but the revolutionaries saw this as a provocation, so they responded by seizing the Bastille Prison on July 14th, which, coincidentally, is also Bastille Day. The Bastille was stormed ostensibly to free prisoners— although there were only seven in jail at the time— but mostly to get guns. But the really radical move in the National Assembly came on August 4, when they abolished most of the ancien regime. -- feudal rights, tithes, privileges for nobles, unequal taxation, they were all abolished -- in the name of writing a new constitution. And then, on August 26th, the National Assembly proclaimed the Declaration of Rights of Man and Citizen, which laid out a system of rights that applied to every person, and made those rights integral to the new constitution. That’s quite different from the American bill of rights, which was, like, begrudgingly tacked on at the end and only applied to non-slaves. The DoRoMaC, as I called it in high school, declared that everyone had the right to liberty, property, and security— rights that the French Revolution would do an exceptionally poor job of protecting, but as noted last week, the same can be argued for many other supposedly more successful revolutions. Okay, let’s go to the Thought Bubble. Meanwhile, back at Versailles, Louis XVI was still King of France, and it was looking like France might be a constitutional monarchy. Which might've meant that the royal family could hang on to their awesome house, but then, in October of 1789, a rumor started that Marie Antoinette was hoarding grain somewhere inside the palace. And in what became known as the Women's March, a bunch of armed peasant women stormed the palace and demanded that Louis and Marie Antoinette move from Versailles to Paris. Which they did, because everyone is afraid of armed peasant women. ["hell hath no rath" and all] And this is a nice reminder that to many people at the time, the French Revolution was not primarily about fancy Enlightenment ideas; it was mostly about lack of food and a political system that made economic contractions hardest on the poor. Now, a good argument can be made that this first phase of the revolution wasn’t all that revolutionary. The National Assembly wanted to create a constitutional monarchy; they believed that the king was necessary for a functioning state and they were mainly concerned that the voters and office holders be men of property. Only the most radical wing, the Jacobins, called for the creation of a republic. But things were about to get much more revolutionary— and also worse for France. First, the Jacobins had a huge petition drive that got a bit unruly, which led troops controlled not by the King but by the national assembly to fire on the crowd, killing 50 people. And that meant that the National Assembly, which had been the revolutionary voice of the people, had killed people in an attempt to reign in revolutionary fervor. You see this a lot throughout history during revolutions. What looked like radical hope and change suddenly becomes "The Man" as increasingly radical ideas are embraced. Thanks, Thought Bubble. Meanwhile, France’s monarchical neighbors were getting a little nervous about all this republic business, especially Leopold II, who in addition to being the not holy not roman and not imperial holy roman emperor, was Marie Antoinette’s brother. I should note, by the way, that at this point, the Holy Roman Empire was basically just Austria. Also, like a lot of monarchs, Leopold II liked the idea of monarchies, and he wanted to keep his job as a person who gets to stand around wearing a dress, pointing at nothing, owning winged lion-monkeys made out of gold. [must've been a real partier, that one] And who can blame him? So he and King William Frederick II of Prussia together issued the Declaration of Pilnitz, which promised to restore the French monarchy. At this point, Louis and the National Assembly developed a plan: Let’s invade Austria. [always a solid plan?] The idea was to plunder Austria’s wealth and maybe steal some Austrian grain to shore up French food supplies, and also, you know, spread revolutionary zeal. But what actually happened is that Prussia joined Austria in fighting the French. And then Louis encouraged the Prussians, which made him look like an enemy of the revolution, which, of course, he was. And as a result, the Assembly voted to suspend the monarchy, have new elections in which everyone could vote (as long as they were men), and create a new republican constitution. Soon, this Convention decided to have a trial for Louis XVI, who was found guilty and, by one vote, sentenced to die via guillotine. Which made it difficult for Austria and Prussia to restore him to the throne. Oh, it’s time for the open letter? [musical chairs undefeated champ rolls] An Open Letter to the Guillotine. But first, let’s see what’s in the secret compartment today. Oh, there’s nothing. Oh my gosh, Stan! Jeez. That’s not funny! [That's what Anne Boleyn said…] Dear Guillotine, I can think of no better example of Enlightenment thinking run amok. Dr. Joseph Guillotine, the inventor of the guillotine, envisioned it as an egalitarian way of dying. They said the guillotine was humane and it also made no distinction between rich or poor, noble or peasant. It killed equally. You were also celebrated for taking the torture out of execution. But I will remind you, you did not take the dying out of execution. [or have a self-cleaning function] Unfortunately for you, France hasn’t executed anyone since 1977. But you’ll be happy to know that the last legal execution in France was via guillotine. Plus, you’ve always got a future in horror movies. Best wishes, John Green The death of Louis XVI marks the beginning of The Terror, the best known or at least the most sensational phase of the revolution. I mean, if you can kill the king, you can kill pretty much anyone, which is what the government did under the leadership of the Committee of Public Safety (Motto: We suck at protecting public safety) led by Maximilien Robespierre. The terror saw the guillotining of 16,000 enemies of the revolution including Marie “I never actually said Let them eat cake” Antoinette and Maximilien Robespierre himself, who was guillotined in the month of Thermidor in the year Two. Oh, right. So while France was broke and fighting in like nine wars, the Committee of Public Safety changed the measurements of time because, you know, the traditional measurements are so irrational and religion-y. So they renamed all the months and decided that every day would have 10 hours and each hour 100 minutes. And then, after the Terror, the revolution pulled back a bit and another new constitution was put into place, this one giving a lot more power to wealthy people. At this point, France was still at war with Austria and Britain, wars that France ended up winning, largely [lol] thanks to a little corporal named Napoleon Bonaparte. The war was backdrop to a bunch of coups and counter coups that I won’t get into right now because they were very complicated, but the last coup that we’ll talk about, in 1799, established Napoleon Bonaparte as the First Consul of France. And it granted him almost unlimited executive power under yet another constitution. By which he presumably meant that France’s government had gone all the way from here to here to here. As with the American revolution, it’s easy to conclude that France’s revolution wasn’t all that revolutionary. I mean, Napoleon was basically an emperor and, in some ways, he was even more of an absolute monarch than Louis XVI had been. Gradually the nobles came back to France, although they had mostly lost their special privileges. The Catholic Church returned, too, although much weaker because it had lost land and the ability to collect tithes. And when Napoleon himself fell, France restored the monarchy, and except for a four-year period, between 1815 and 1870, France had a king who was either a Bourbon or a Bonaparte. Now, these were no longer absolute monarchs who claimed that their right to rule came from God; they were constitutional monarchs of the kind that the revolutionaries of 1789 had originally envisioned. But the fact remains that France had a king again, and a nobility, and an established religion and it was definitely not a democracy or a republic. And perhaps this is why the French Revolution is so controversial and open to interpretation. Some argue the revolution succeeded in spreading enlightenment ideals even if it didn’t bring democracy to France. Others argue that the real legacy of the Revolution wasn’t the enhancement of liberty, but of state power. Regardless, I’d argue that the French Revolution was ultimately far more revolutionary than its American counterpart. I mean, in some ways, America never had an aristocracy, but in other ways it continued to have one— the French enlightenment thinker, Diderot, felt that Americans should “fear a too unequal division of wealth resulting in a small number of opulent citizens and a multitude of citizens living in misery.” And the American Revolution did nothing to change that polarization of wealth. What made the French Revolution so radical was its insistence on the universality of its ideals. I mean, look at Article 6 of the Declaration of the Rights of Man and Citizen: “Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes.” Those are radical ideas, that the laws come from citizens, not from kings or gods, and that those laws should apply to everyone equally. That’s a long way from Hammurabi— and in truth, it’s a long way from the slaveholding Thomas Jefferson. In the 1970s, Chinese President Zhou Enlai was asked what the affects of the French Revolution had been. And he said, “It’s too soon to say.” And in a way, it still is. The French Revolution asked new questions about the nature of people’s rights and the derivation of those rights. And we’re still answering those questions and sorting through how our answers should shape society today. —must government be of the people to be for the people? Do our rights derive from nature or from God or from neither? And what are those rights? As William Faulkner said, “The past is never dead. It’s not even past.” Thanks for watching. I’ll see you next week. Crash Course is produced and directed by Stan Muller, our script supervisor is Danica Johnson, the show is written by my high school history teacher Raoul Meyer and myself, our graphics team is Thought Bubble, [If you <3 our graphics, Blame Canada!] and we are ably interned by Meredith Danko. [dba: The Interness or MTVCS] Last week’s phrase of the week was "Giant Tea Bag" [seriously, it totally was] If you want to suggest future phrases of the week, or guess at this week's you can do so in comments, where you can also ask questions about today’s video that will be answered by our team of historians. Thanks for watching Crash Course, and as we say in my hometown, don’t forget, Metal Ball, I Can Hear You. [slides out like an ace photobomber] [music outro] [music outro]

Background

On 17 August 1945, Sukarno proclaimed the independence of the Republic of Indonesia. The next day, a meeting of the Preparatory Committee for Indonesian Independence chaired by President Sukarno officially adopted the Constitution of Indonesia, which had been drawn up by the Investigating Committee for Preparatory Work for Independence in the months leading up to the Japanese surrender. In a 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.[1]

It was not until 1949 that the Netherlands formally transferred sovereignty to Indonesia, and the United States of Indonesia was established. On 17 August 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 stated, "The Constitutional Assembly together with the government shall enact as soon as possible the Constitution of the Republic of Indonesia which shall replace this Provisional Constitution."[2]

Organization

Organization of the Indonesian Constituent Assembly

The supreme body within the assembly, with the authority to make decisions concerning the constitution and matters related to it was the plenary session. Other parts of the assembly were components of it and answered to it. It had to convene at least twice a year, and was obliged to meet if deemed necessary by the Constitution Preparation Committee at a written request from at least a tenth of the membership. Meetings had to be open to the public unless at least 20 members requested otherwise. There were 514 members, one per 150,000 Indonesian citizens. A two-thirds majority was required to approve a permanent constitution

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.[2][3]

Composition

Elections for the Constitutional Assembly 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, 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 (Partai Nasional Indonesia), the Masjumi, Nahdatul Ulama and the Indonesian Communist Party (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.[4]

Faction Seats
Pancasila Bloc (274 seats, 53.3%)
Indonesian National Party (PNI) 119
Communist Party of Indonesia (PKI) 60
Proclamation Republic 20
Indonesian Christian Party (Parkindo) 16
Catholic Party 10
Socialist Party of Indonesia (PSI) 10
League of Supporters of Indonesian Independence (IPKI) 8
Others 31
Islamic Bloc (230 seats, 44.8%)
Masjumi 112
Nahdatul Ulama 91
Indonesian Islamic Union Party (PSII) 16
Islamic Educators Association (Perti) 7
Others 4
Socio-Economic Bloc (10 seats, 2.0%)
Labour Party 5
Murba Party 1
Acoma Party 1
Total Seats 514

Sessions

The Constituent Assembly Building in Bandung

The Assembly met in the Gedung Merdeka in Bandung, which had been used for the 1955 Asian-African Conference. There were a total of four sessions.

10–26 November 1956

President Sukarno gives his inauguration speech on 10 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. Wilopo of the PNI was elected speaker, and Prawoto Mangkusasmito (Masjumi), with Fatchurahman Kafrawi (NU), Johannes Leimena (Parkindo), Sakirman (PKI) and Hidajat Ratu Aminah (IPKI) as deputy speakers.[3][5]

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.[6] 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 Islam, 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.[7]

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.[8]

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 Rights (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.[9]

22 April – 2 June 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 Constitution. Army Chief of Staff General Abdul Haris Nasution 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.[10][11][12]

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 Cabinet 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 dissolving the Constituent Assembly and reimposing the 1945 Constitution.[13]

References

  • Feith, Herbert (2008) [1962]. The Decline of Constitutional Democracy in Indonesia. Singapore: Equininox Publishing (Asia) Pte Ltd. ISBN 978-979-3780-45-0.
  • Kusuma, A.B (2004). Lahirnya Undang-Undang Dasar 1945 : memuat salinan dokumen otentik badan oentoek menyelidiki oesaha2 persiapan kemerdekaan [The Birth of the 1945 Constitution: including copies of the authentic documents of the Investigating Committee for Preparatory Work for Independence] (in Indonesian). Depok, Indonesia: Badan Penerbit Fakultas Hukum Universitas Indonesia. ISBN 979-8972-28-7.
  • Lev, Daniel S. (2009) [1966]. The Transition to Guided Democracy: Indonesian Politics 1957–1959. Asia: Equinox Publishing. ISBN 978-602-8397-40-7.
  • Ministry of Information (1956). Provisional Constitution of the Republic of Indonesia. Ministry of Information.
  • Nasution, Adnan Buyung (1995). Aspirasi Pemerintahan Konstitusional di Indonesia: Studi Sosio-Legal atas Konstituante 1956-1956 [The Aspiration for Constitutional Government in Indonesia: A Socio-Legal Study of the Indonesian Konstituante 1956-1959)] (in Indonesian). Jakarta: Pustaka Utama Grafiti. ISBN 978-979-444-384-2.
  • Prawiranegara, Sjafruddin (October 1984). "Pancasila as the Sole Foundation" (PDF). Indonesia. 38 (38): 74–83. doi:10.2307/3350846. hdl:1813/53800. JSTOR 3350846.
  • Ricklefs, M.C. (1991). A history of modern Indonesia since c.1200. Stanford: Stanford University Press. ISBN 0-8047-4480-7.
  • Simorankir, J. C. T.; Sey, B. Mang Reng (1958). Konstitusi dan Konstituante Indonesia [Indonesia's Constitution and Constitutional Assembly] (in Indonesian). Djakarta: N.V. Soerangan.


Notes

  1. ^ Kusuma 2004, p. 479.
  2. ^ a b Ministry of Information 1956.
  3. ^ a b Nasution 1995, pp. 37–39.
  4. ^ Nasution 1995, pp. 32–33, 49.
  5. ^ Simorankir & Sey 1958.
  6. ^ Prawiranegara 1984, p. 76.
  7. ^ Nasution 1995, pp. 49–51.
  8. ^ Nasution 1995, pp. 134–135.
  9. ^ Nasution 1995, pp. 241–242.
  10. ^ Nasution 1995, pp. 318–402.
  11. ^ Ricklefs 1991, pp. 252–254.
  12. ^ Lev 2009, pp. 260–286.
  13. ^ Lev 2009, pp. 290–294.

External links

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