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Constitution of Indonesia – 3: The Executive Power

The Executive Power

Article 4

  1. The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution.
  2. In exercising his/her duties, the President shall be assisted by a Vice-President.

Article 5

  1. The President shall be entitled to submit bills to the DPR.
  2. The President may issue Government regulations as required to implement laws.

Article 6

  1. Any candidate for President or Vice-President shall be a citizen of Indonesia since birth, shall never have acquired another citizenship by his/her own will, shall never have committed an act of treason against the State, and shall be mentally and physically capable of implementing the duties and obligations of President or Vice-President.
  2. The requirements to become President or Vice-President shall be further regulated by law.

Article 6A

  1. The President and Vice-President shall be elected as a single ticket directly by the people.
  2. Each ticket of candidates for President and Vice-President shall be proposed prior to the  holding of general elections by political parties or coalitions of political parties which are participants in the general elections.
  3. Any ticket of candidates for President and Vice-President which polls a vote of more than fifty percent of the total number of votes during the general election and in addition polls at least twenty percent of the votes in more than half of the total number of provinces in Indonesia shall be declared elected as the President and Vice-President.
  4. In the event that there is no ticket of candidates for President and Vice-President elected, the two tickets which have received the first and second highest total of votes in the general election shall be submitted directly to election by the people, and the ticket which receives the highest total of votes shall be sworn in as the President and Vice-President.
  5. The procedure for the holding of the election of the President and Vice-President shall be further regulated by law.

Article 7
The President and Vice President shall hold office for a term of five years and may subsequently be re-elected to the same office for one further term only.

Article 7A
The President and/or the Vice-President may be dismissed from his/her position during his/her term of office by the MPR on the proposal of the House of Representatives (Dewan Perwakilan Rakyat or DPR), both if it is proven that he/she has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that the President and/or Vice-President no longer meets the qualifications to serve as President and/or Vice-President.

Article 7B

  1. Any proposal for the dismissal of the President and/or the Vice-President may be submitted by the DPR to the MPR only by first submitting a request to the Constitutional Court to investigate, bring to trial, and issue a decision on the opinion of the DPR either that the President and/or Vice-President has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that the President and/or Vice-President no longer meets the qualifications to serve as President and/or Vice-President.
  2. The opinion of the DPR that the President and/or Vice-President has violated the law or no longer meets the qualifications to serve as President and/or Vice-President is undertaken in the course of implementation of the supervision function of the DPR.
  3. The submission of the request of the DPR to the Constitutional Court shall only be made with the support of at least 2/3 of the total members of the DPR who are present in a plenary session that is attended by at least 2/3 of the total membership of the DPR.
  4. The Constitutional Court has the obligation to investigate, bring to trial, and reach the most just decision on the opinion of the DPR at the latest ninety days after the request of the DPR was received by the Constitutional Court.
  5. If the Constitutional Court decides that the President and/or Vice-President is proved to have violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude; and/or the President and/or Vice-President is proved no longer to meet the qualifications to serve as President and/or Vice-President, the DPR shall hold a plenary session to submit the proposal to impeach the President and/or Vice-President to the MPR.
  6. The MPR shall hold a session to decide on the proposal of the DPR at the latest thirty days after its receipt of the proposal.
  7. The decision of the MPR over the proposal to impeach the President and/or Vice-President shall be taken during a plenary session of the MPR which is attended by at least 3/4 of the total membership and shall require the approval of at least 2/3 of the total of members who are present, after the President and/or Vice-President have been given the opportunity to present his/her explanation to the plenary session of the MPR. Article 7C The President may not freeze and/or dissolve the DPR.

Article 8

  1. In the event that the President dies, resigns, is impeached, or is not capable of implementing his/her obligations during his/her term, he/she will be replaced by the Vice-President until the end of his/her term.
  2. In the event that the position of Vice-President is vacant, the MPR should hold a session within sixty days at the latest to elect a Vice-President from two candidates nominated by the President.
  3. In the event that the President and the Vice President die, resign, are impeached, or are permanently incapable of performing their tasks and duties within their term of office simultaneously, the tasks and duties of the presidency shall be undertaken by a joint administration of the Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of Defence. At the latest thirty days after that, the MPR shall hold a session to elect a new President and Vice President from the tickets nominated by the political parties or coalitions of political parties whose tickets won first and second place in the last presidential election, who will serve for the remainder of the term of office.

Article 9

Prior to taking office, the President and Vice President shall swear an oath in accordance with their respective religions or shall make a solemn promise before the MPR or DPR. The oath or promise shall be as follows:

Presidential (Vice-Presidential) Oath:
“I swear before God that, to the best of my ability, I shall fulfil as justly as possible my duties as President (Vice-President) of the Republic of Indonesia, that I shall uphold faithfully the Constitution, conscientiously implement all statutes and regulations, and shall devote myself to the service of Country and Nation.”

Presidential (Vice-Presidential) Promise:
“I solemnly promise that, to the best of my ability, I shall fulfil as justly as possible my duties as President (Vice-President) of the Republic of Indonesia, that I shall uphold faithfully the Constitution, conscientiously implement all statutes and regulations, and shall devote myself to the service of Country and Nation.”

In the event that the MPR or DPR is unable to convene a sitting, the President and Vice-President shall swear an oath in accordance with their respective religions or shall make a solemn promise before the leadership of the MPR witnessed by the leadership of the Supreme Court.

Article 10
The President is the Supreme Commander of the Army, the Navy and the Air Force.

Article 11

  1. The President with the approval of the DPR may declare war, make peace and conclude treaties with other countries.
  2. The President in making other international agreements that will produce an extensive and fundamental impact on the lives of the people which is linked to the state financial burden, and/or that will requires an amendment to or the enactment of a law, shall obtain the approval of the DPR.
  3. Further provisions regarding international agreements shall be regulated by law.

Article 12
The President may declare a state of emergency. The conditions for such a declaration and the subsequent measures regarding a state of emergency shall be regulated by law.

Article 13

  1. The President shall appoint ambassadors and consuls.
  2. In the appointment of ambassadors, the President shall have regard to the opinion of the DPR.
  3. The President shall receive the accreditation of ambassadors of foreign nations and shall in so doing have regard to the opinion of the DPR.

Article 14

  1. The President may grant clemency and restoration of rights and shall in so doing have regard to the opinion of the Supreme Court.
  2. The President may grant amnesty and the dropping of charges and shall in so doing have regard to the opinion of the DPR.

Article 15
The President may grant titles, decorations and other honours as provided by law.

Article 16
The President shall establish an advisory council with the duty of giving advice and considered opinion to the President, which shall be further regulated by law.

Next: Chapter 4 – Ministers of State

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