INDONESIA

GOVERNMENT

INDONESIA’S FORM OF GOVERNMENT

Indonesia has a presidential democratic republic type of government with the President
acting as head of state and government, and of a multi-party system. The 1945 Indonesian
Constitution established a partial separation between executive, legislative, and judicial
control. Executive power is exercised by the government, legislative both through the
government and the 2 People’s Representative Councils.

CONSTITUTION
-1945 constitution
Legal basis of Indonesian State
Provided structural continuity
Product of a unitary republic struggle to counter the Dutch efforts in establishing a
different government
But in 1949, an agreement with the Dutch established the Federal Republic of the United
States of Indonesia

FEB 1950
-provisional constitution was created to paved way a new constitution
-Constitutional Assembly
-RUSI was considered a Dutch strategy to divide and conquer thus an effort to
create a UNITARY REPUBLIC

AUG 1950
-New Constitution was ratified
- Unicameral legislature
-President as head of State and PM as head of Govt
1959
-Sukarno’s take over
-adopted 1945 Constitution

EXECUTIVE

Current Head of state and Government

Joko Widodo (popularly known as Jokowi; born 21 June 1961) is the President of
Indonesia, in office since 2014.
Under the Executive
The President
The Cabinet
The supreme advisory council and the state audit board

LEGISLATIVE
 MPR

DPD DPR
JUDICIARY

-The Indonesian judicial system comprises several types of courts under the oversight of
the Supreme Court (Mahkamah Agung). Following the civil law tradition of The
Netherlands, Indonesian courts do not apply the principle of precedent.
- Most disputes appear before the State Court (Pengadilan Negeri). There are about 250
State Courts throughout Indonesia, each with its own territorial jurisdiction.

- Appeals from the State Court are heard before the High Court (Pengadilan Tinggi), of
which there are around 20 throughout Indonesia.

- The High Court is a district court of appeal. Appeals from the High Court and, in some
instances from the State Court, may be made to the Supreme Court. The Supreme Court
can hear a cassation appeal (kasasi) which is a final appeal from lower courts. It can also
conduct a case review (peninjauan kembali) if, for example, new evidence is found which
justifies a re-hearing.

- In 1998, the Indonesian authorities established the Commercial Court (Pengadilan

Niaga). Initially, the Commercial Court is tasked to handle bankruptcy and insolvency
applications. Its jurisdiction can be extended to other commercial matters. Appeals from
the Commercial Court proceed direct to the Supreme Court. There is also a State
Administrative Court (Pengadilan Tata Usaha Negara) which hears administrative law
cases filed against the government.

- In the 2001 constitutional amendments, provision was made for the creation of the
Constitutional Court (Mahkamah Konstitusi). Among other matters, the Constitutional
Court has the jurisdiction to hear cases involving the constitutionality of particular
legislation, results of a general election, as well as actions to dismiss a President from
office.

BUREAUCRACY
-Long and complicated after the reformation era
-corruption
-bribery
-former Indonesia’s President Susilo Bambang Yudhoyono’s Grand Design of
Bureaucratic Reform 2010-2025
-no sustained progress in building the integrity of institutions to enhance the business
climate
-has short and long term goals
-”auction of office position”

ELECTORAL SYSTEM
Proportional Representation:
President and Vice-President: Elected directly in a two-round system in which successful
candidates must win at least 50% of the national vote. Candidates must not have taken
foreign citizenship, and must be nominated by a political party or coalition that received
at least 112 seats or 20% of the popular vote in the most recent People’s Representative
Council elections.
Electoral Threshold:
A political party should at least have 2% (lower house) 3% (regional assemblies) to
secure any representation in a legislature.
Election Management Body:
General Election Commission
Quota for women:
At least 1 in every 3 candidates included on a political party list should be a woman
(Article 56 (2)).

POLITICAL PARTIES
Secular Parties
Democratic Party (Partai Demokrat), ruling party chaired by President Yudhoyono
Golkar (Party of the Functional Groups), large party known for neoliberal economic
policies
PDI-P (Indonesian Democratic Party-Struggle), large party known for populist policies
Gerindra (Great Indonesia Movement Party), strongly nationalist party led by former
lieutenant general Prabowo
Hanura (People’s Conscience Party), strongly nationalist party led by retired general
Wiranto
PKPI (Indonesian Justice and Unity Party), small party affiliated with the armed forces
NasDem (Nasional Demokrat), new party that splintered off from Golkar

Islamic Parties
PKS (Prosperous Justice Party), pragmatic party with socially conservative policies
PAN (National Mandate Party), moderate party with relatively progressive policies
PPP (United Development Party), traditional party with socially conservative policies
PKB (National Awakening Party), rural-based party with mainly moderate policies
PBB (Crescent Star Party), small party with conservative policies