National Constitutional provisions – Indonesia
The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.
The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.
The Constitution of Indonesia, 1945 through to 2002
EDUCATION
Chapter XIII
Article 31
1. Every citizen has the right to education.
2. The government shall establish and conduct a national educational system which shall be regulated by law.
Additional education provisions (second amendment)
Article 28C
(1) Every person shall have the right to better him/herself through the fulfilment of his/her basic needs, the right to education and to benefit from science and technology, art and culture, for the purpose of improving the quality of his/her life and for the welfare of the human race.
(2) Every person shall have the right to improve him/herself through collective struggle for his/her rights to develop his/her society, nation and state.
Article 28E
(1) Every person shall be free to embrace and to practice the religion of his/her choice, to choose one's education, to choose one's employment, to choose one's citizenship, and to choose one's place of residence within the state territory, to leave it and to subsequently return to it.
(2) Every person shall have the right to the freedom to hold beliefs (kepercayaan), and to express his/her views and thoughts, in accordance with his/her conscience.
EQUALITY
Chapter XA
Article 28A (Second amendment)
Every person shall have the right to live and to defend his/her life and existence.
Chapter XA
Article 28D (Second amendment)
(1) Every person shall have the right to recognition, guarantees, protection and certainty before a just law, and to equal treatment before the law.
(2) Every person shall have the right to work and to receive fair and proper recompense and treatment in employment.
(3) Every citizen shall have the right to obtain equal opportunities in government.
(4) Every person shall have the right to citizenship status.
Chapter XA
Article 28I (Second amendment)
(1) The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances.
(2) Every person shall have the right to be free from discriminative treatment based upon any grounds whatsoever and shall have the right to protection from such discriminative treatment.
(3) The cultural identities and rights of traditional communities shall be respected in accordance with the development of times and civilisations.
(4) The protection, advancement, upholding and fulfilment of human rights are the responsibility of the state, especially the government
(5) For the purpose of upholding and protecting human rights in accordance with the principle of a democratic and law-based state, the implementation of human rights shall be guaranteed, regulated and set forth in laws and regulations.
CHILDS RIGHTS
Chapter XIV
Article 34
The poor and destitute children shall be cared for by the State.
Chapter XA
Article 28B (Second amendment) (…)
(2) Every child shall have the right to live, to grow and to develop, and shall have the right to protection from violence and discrimination.
CITIZENSHIP
Article 26 (Second amendment)
(1) Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalised as citizens in accordance with law.
(2) Residents shall consist of Indonesian citizens and foreigners living in Indonesia.
(3) Matters concerning citizens and residents shall be regulated by law.
Article 27 (Second amendment)
(1) All citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions.
(2) Every citizen shall have the right to work and to earn a humane livelihood.
(3) Each citizen has the right and duty to participate in the effort of defending the state.
LAUNGUAGE
Chapter XV
Article 36
The national language of Indonesia shall be the Bahasa Indonesia or the Indonesian language
RELIGION
Chapter XI
Article 29 (…)
2. The State guarantees all persons the freedom of worship, each according to his/her own religion or belief.
REGIONAL PROVISIONS
Article 18B (Second amendment)
(1) The state shall acknowledge and respect units of regional authorities that are special and distinct, which shall be regulated by law.
(2) The state shall acknowledge and respect traditional societies along with their customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law.
Article 22D (Third amendment) (…)
(3)The DPD may oversee the implementation of laws concerning regional autonomy, the formation, expansion and merger of regions, the relationship of central and local government, management of natural resources and other economic resources, implementation of the State Budget, taxation, education, or religion and shall in addition submit the result of such oversight to the DPR in the form of material for its further consideration.
