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When World War II broke out in Europe and spread to the Pacific, the
Japanese occupied the Dutch East Indies as of March 1942, after the surrender
of the Dutch colonial army following the fall of Hong Kong, Manila and
Singapore. On April 1, 1945, American troops landed in Okinawa. Soon after,
on August 6 and 9, the United States dropped Atom bombs on two Japanese
cities, Hiroshima and Nagasaki. A few days later, on August 14, 1945, the
Japanese surrendered to the Allied Forces.
That occasion opened the opportunity for the Indonesian people to proclaim
their independence. Three days after the unconditional Japanese surrender,
on August 17, 1945, the Indonesian national leaders Ir. Soekarno and Drs.
Mohammad Hatta proclaimed Indonesia's independence on behalf of the people.
The proclamation, which took place at 58, Jalan Pegangsaan Tirnur, Jakarta,
was heard by thousands of Indonesians throughout the country because the
text was secretly broadcast by Indonesian radio personnel using the transmitters
of the Japanese-controlled radio station, JAKARTA Hoso Kyoku. An English
translation of the proclamation was broadcast overseas.
Pancasila, the State Philosophy
Pancasila. pronounced Panchaseela, is the philosophical basis of the
Indonesian state. Pancasila consists of two Sanskrit words, "panca" meaning
five, and "sila" meaning principle.
It comprises five inseparable and interrelated principles. They are:
1. BELIEF IN THE ONE AND ONLY GOD
2. JUST AND CIVILIZED HUMANITY
3. THE UNITY OF INDONESIA
4. DEMOCRACY GUIDED BY THE INNER WISDOM IN THE UNANIMITY ARISING
OUT OF DELIBERATIONS AMONGST REPRESENTATIVES
5. SOCIAL JUSTICE FOR THE WHOLE OF THE PEOPLE OF INDONESIA
Elaboration of the five principles is as follows:
1. Belief in the One and Only God
This principle of Pancasila reaffirms the Indonesian people's belief
that God does exist. It also implies that the Indonesian people believe
in life after death. It emphasizes that the pursuit of sacred values
will lead the people to a better life in the hereafter.
The principle is embodied in article 29, Section I of the 1945 Constitution
and reads: "The state shall be based on the belief in the One and Only
God".
2. Just and Civilized Humanity
This principle requires that human beings be treated with due regard
to their dignity as God's creatures. It emphasizes that the Indonesian
people do not tolerate physical or spiritual oppression of human beings
by their own people or by any other nation.
3. The Unity of Indonesia
This principle embodies the concept of nationalism, of love for one's
nation and motherland. It envisages the need to always foster national
unity and integrity. Pancasila nationalism demands that Indonesians avoid
feelings of superiority on ethnical grounds, for reasons of ancestry and
color of the skin. In 1928 Indonesian youth pledged to have one country,
one nation and one language, while the Indonesian coat of arms enshrines
the symbol of "Bhinneka Tunggal lka" which means "unity in diversity".
4. Democracy Guided by the Inner Wisdom in the Unanimity
Arising Out of Deliberations Amongst Representatives
Pancasila democracy calls for decision-making through deliberations,
or musyawarah, to reach a consensus, or mufakat. It is democracy that lives
up to the principles of Pancasila. This implies, that democratic right
must always be exercised with a deep sense of responsibility to God Almighty
according to one's own conviction and religious belief, with respect for
humanitarian values of man's dignity and integrity, and with a view to
preserving and strengthening national unity and the pursuit of social justice.
Thus, Pancasila Democracy means democracy based on the people's sovereignty
which is inspired by and integrated with other principles of Pancasila.
This means that the use of democratic rights should always be in line with
responsibility towards God Almighty according to the respective faith;
uphold human values in line with human dignity; guarantee and strengthen
national unity: and be aimed at realizing social justice for the whole
of the people of Indonesia.
5. Social Justice for cne Whole of the People of Indonesia
This principle calls for the equitable spread of welfare to the entire
population, not in a static but in a dynamic and progressive way. This
means that all the country's natural resources and the national potentials
should be utilized for the greatest possible good and happiness of the
people.
Social justice implies protection of the weak. But protection should
not deny them work. On the contrary, they should work according to their
abilities and fields of activity. Protection should prevent willful treatment
by the strong and ensure the rule of justice.
These are the sacred values of Pancasila which, as a cultural principle,
should always be respected by every Indonesian because it is now the ideology
of the state and the life philosophy of the Indonesian people.
THE 1945 CONSTITUTION
The Constitution of the Republic of Indonesia is usually referred to
as the 1945 Constitution. This is partly because the constitution was drafted
and adopted in 1945 when the Republic was established, and partly to distinguish
it from two other constitutions which were introduced in free Indonesia.
Furthermore, the articles of the 1945 Constitution spell out the ideals
and the goals for which independence was proclaimed on August 17, 1945,
and defended thereafter. It reflects the spirit and vigor of the time when
the constitution was shaped. It was inspired by the urge for unity and
for the common goals and democracy built upon the age-old Indonesian concepts
of gotong royong (mutual assistance), deliberations of representatives
(musyawarah) and consensus (mufakat).
Preceded by a preamble, the Constitution of the Republic of Indonesia
consists of 37 articles, four transitional clauses and two additional provisions.
The preamble is composed of four paragraphs and includes a condemnation
of any form of colonialism in the world, a reference to Indonesia's struggle
foi' independence, a declaration of independence and a statement of fundamental
goals and principles. It further states, inter alia. that Indonesia's national
independence shall be established in the unitary state of the Republic
of Indonesia with sovereignty vested in the people. The State shall be
based upon the following philosophical principles: Belief in the One and
Only God, just and civilized humanity, the unity of Indonesia, democracy
guided by the inner wisdom of deliberations of representatives, and social
justice for all the Indonesian people.
Guided by these fundamental principles, the basic state are to establish
an Indonesian Government which all the Indonesian people and their entire
motherland, public welfare, develop the intellectual life of the nation, ute towards
the establishment of a world order based oeace and social justice.
THE NATIONAL FLAG
The Indonesian national flag is called "Sang Saka Merah Putih." As
provided for in Article 35 of the 1945 Constitution, the flag is made up
of two colors, red on top of white. Its width is two-thirds ol its length,
or two meters by three meters. It is hoisted in front of the presidential
palace, of government buildings and Indonesian missions abroad. The first
flag was courageously flown amidst Japanese occupation forces on the day
Indonesia's independence was proclaimed.
Since then it has been hoisted at independence day commemorations in
front of the presidential palace in the capital city of Jakarta. This historical
flag. or "bendera pusaka." was flown for the last time on August 17. 1968.
Since then it has been preserved and replaced by a replica woven of pure
Indonesian silk.
THE COAT OF ARMS
The Indonesian roat of arms consists of a golden eagle, called "garuda."
that is a figure from ancient Indonesian epics. It is aisc pictured on
many temples from the 6th Century.
The eagle is a symbol of creative energy. Its principal color, gold
suggests the greatness of the nation. The black color represents nature.
There are 17 feathers on each wing, 8 on the tail and 45 on the neck. These
figures stand for the date of Indonesia's independence proclamation: 17
August, 1945.
The motto. "Bhinneka Tunggal lka" (Unity in Diversity), is enshrined
on a banner held in the eagle's talons. This old Javanese motto was introduced
by Empu Tantular, a saint of the Majapahil Kingdom, in the 15th Century.
It signifies the unity of the Indonesiar people despite their diverse ethnic
and cultural backgrounds.
The shield symbolizes self-defense in struggle and protection of oneself.
The red and white colors on the shield's background denote the colors of
the Indonesian national flag. The five symbols on the shield represent
the state philosophy of Pancasila, the foundation of the Indonesian state.
The bar across the center indicates the equator which passes through
the islands of Sumatra, Kalimantan, Sulawesi and Halmahera. This is a reminder
of the fact that the Republic of Indonesia is the only tropical country
in which the people have built a free and sovereign state by their own
hands.
The golden star on the black background in the center of the shield
represents the first principle of Pancasila, belief in the One and Only
God. The chain symbolizes successive human generations. The round links
represent women and the square ones men. It is the symbol of the second
principle, just and civilized humanity. The "beringin." or banyan tree,
symbolizes the third principle, the unity on Indonesia. The head of the
"banteng," or wild bull (bosjavanicus), which is black on a red background,
represents the fourth principle, democracy guided by the inner wisdom of
deliberations of representatives. The fifth principle, social justice for
all Indonesian people, is symbolized by the gold and white paddy and cotton
ears.
THE NATIONAL ANTHEM
The national anthem is "Indonesia Raya," which means Great Indonesia.
The song was composed in 1928.
The colonial policy of the day was "divide and rule." It was a policy
that deliberately aggravated language, ethnic, cultural and religious differences
amongst the people.
The birth of Indonesia Raya marked the beginning of Indonesian nationalist
movements. The song was first introduced by its composer. Wage Rudolf Supratman,
at the second All Indonesian Youth Congress on October 28, 1928 in Batavia,
now Jakarta. It was. the moment when Indonesian youth of different ethnic,
language, religious and cultural backgrounds resolutely pledged allegiance
to:
1. One native land, Indonesia;
2. One nation, the Indonesian nation;
3. One unifying language, the Indonesian language.
Soon the national song, which called for the unity of Indonesia, became
popular. It was echoed at Indonesian political rallies, where people stood
in solemn observance. The song seriously aroused national consciousness
among the people throughout the archipelago.
STATE ORGANS
According to the 1945 Constitution there are six organs of the state:
1. The People's Consultative Assembly (Majelis Permusyawaratan Rakyat).
2. The Presidency.
3. The House of Representatives (Dewan Perwakilan Rakyat).
4. The Supreme Advisory Council (Dewan Pertimbangan Agung).
5. The State Audit Board (Badan Pemeriksa Keuangan).
6. The Supreme Court (Mahkamah Agung).
President Abdurrahman Wahid is being sworn in before the Consultative
Assembly (Setneg)
Megawati Soekarnoputri takes the oath as vice-president at the office
of People's Consultative Assembly
Speaker and Deputy speakers of MPR are being sworm
Speaker and Deputy speakers of DPR are being sworm
THE PEOPLE'S CONSULTATIVE ASSEMBLY
Article I of the 1945 Constitution states that Indonesia is a republic
with sovereignty vested in the people to be fully exercised by an elected
People's Consultative Assembly, which is the highest political institution
in the state. Since the Assembly holds the supremi power in the state,
the people voice their political and social aspira tions through this body.
The major tasks of the Assembly are to sanction the Constitution decide
the Guidelines of State Policy, and elect the President and Vice-President
for a term of office of five years.
In relation to the Assembly, the President is its Mandatary and as such,
is accountable to the Assembly for the conduct of govern ment. In the exercise
of his duties, the President is assisted by tb Vice-President.
The membership of the assembly's consists of the House member and augmented
by delegates of regions and groupings. The tota number of MPR members is
700 comprising of 500 DPR members 135 delegates of regions (five persons
from each level I region) and 61 delegates of groupings.
Based on Decree No. VII/MPR/1998, the Chairman of the People' Consultative
Assembly separates from Chairman of the House of Representatives. He is
assisted by five Vice-Chairmen. The electiol of the Assembly's chairman
is by consensus among members. Wher this is imnossiblp voting maybe resorted
to as provided for by the 1945 Constitution.
THE PRESIDENT AS CHIEF EXECUTIVE
In the government system of Indonesia, the President is both head of
state and chief executive. He holds office for a term of five years and
is eligible for re-election. Since the President is also the Mandala of
the People's Consultative Assembly, he must execute his duties in compliance
with the Guidelines of State Policy as decreed by the Assembly.
The National Unity Cabinet
Shortly after taking oath of office as the Fourth President 1999-2004,
K.H. Abdurrahman Wahid together with vice-president Megawati Soekarnoputri
formed a new cabinet which the President explained was a national unity
work team. The cabinet consist professionals from various fields originating
from the different parts of the country. On October 26, President Abdurrahman
Wahid announced the formation of the 35 members cabinet which comprise: (Out of Date)
(see also :New Cabinet)
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THE NEW "GOTONG ROYONG"
CABINET
9 August, 2001
Coordinating
Ministers
Menteri Koordinator
Ministers
Menteri
State
Ministers
Menteri Negara
Officials
of Ministerial Rank
Pejabat Setingkat Menteri
State
Secretary
Sekretaris
Negara |
:
Bambang Kesowo, SH., LLM |
Attorney
General
Jaksa
Agung |
:
Muhammad Abdurrachman, SH |
Indonesian National Forces
Commander
Panglima Tentara Nasional
Indonesia |
: Admiral
Widodo AS |
Head of State Intelligence
Coordinating Agency
Kepala Badan Koordinasi
Intelijen Negara |
: AM Hendro
Priyono |
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The structure and organization of governmental departments are uniform,
as provided for in Presidential Decision No. 44 of 1974. This
requires that a government department shall consist of four components,
namely:
1. The leadership, which is in the hands of the minister
2. The administrative services headed by a secretary-general
3. The operational services, each headed by a director-general
4. The institutional control, to be exercised by an inspector-general.
Members of the National Unity Cabinet pose together in front
of Presidential Palace
As time has passed, the various government departments have expanded
in size and responsibilities to accommodate the rising demands
public administration. Hence, a fifth component has been added, namely,
a research and development division whose head has the same rank as the
other executives.
All these executives are appointed and dismissed by the President on
the recommendation of the minister. In the exercise of their duties, however,
they are answerable to the minister. They are guided by the principles
of coordination, integration and synchronization within their own department
as well as in relation to other departments and institutions.
The secretariat-general is divided into bureaus with a maximum number
of five. Each directorate-general is divided into directorates numbering
no more than five, and the inspectorate-general is divided into inspectorates,
also numbering five at most. The research and development division may
have a number of centers, each with a specific task in research and development
to meet the growing requirements of the department.
THE HOUSE OF REPRESENTATIVES
The total membership of the House of Representatives is 500. It is
composed of:
a. 462 members representing the political organizations that
take part in the general election, i.e.:
b. 38 members appointed from the Armed Forces.
To determine the number of the elected members in the House, the following
procedure applies. Each elected member represents at least 400,000 citizens.
Hence, if the population is estimated at 209,389,000 people, the
total number of elected members is 425. (The General Elections Institute).
During general elections the provinces form constituencies and are entitled
to representation by elected members, the number being derived from the
division of the provincial population by 400,000. Provinces with very small
populations are represented by a number of elected members not less than
the number of districts in the province and each district shall have not
less than one representative.
The System of Deliberation and Voting
Deliberations are held in the House to reach a consensus (mufakat)
on any question. In the event a consensus is not achieved, the matter is
referred to the Steering Committee. Should this Committee arrive at a consensus,
all members will be duly informed. In case of failure, the matter is submitted
to the plenary session of the House, which must then decide whether the
matter is to be put to a vote. postponed or dropped altogether.
Voting requires the presence of all factions and a quorum of two-thirds
of the total membership of the house. Resolutions or decisions are adopted
by majority votes. Voting on nominations and appointments is done by secret
ballot: on any other matters, by a show of hands. If a vote cannot be accomplished
because a two-third's quorum cannot be reached or because all factions
are not present, the matter is returned to the Steering Committee.
The annual session of the House starts on August 16 and ends on August
15 of the following year. Each session is divided into meetings
with intervals for recesses.
At the opening of each annual session of the House, the President delivers
his address of state. This is always on August 16. the day before Indonesia's
independence day commemoration. In the address the President reviews the
developments of the past year and outlines the prospects for the coming
year.
Law Making Process
The 1945 Constitution states that the House of Representati- ves is the
body of the State. The Government submits bills to the House for consideration
and approval, but members of the House can initiate their own bills. Such
bills must be accompanied by an explanatory memorandum, signed by at least
30 members, and submitted to the Speaker of the House. During the discussion
of the proposed bill. the initiating members may make alterations or withdraw
it.
If the House passes the bill. it will become law when it has obtained
the signature of the President. By authority of the President, the Minister/State
Secretary will publish the Act in the State Gazette of the Republic of
Indonesia and henceforth the Act comes into force.
THE SUPREME ADVISORY COUNSIL
Following Article 16 of the 1945 Constitution and Act No. 3 of 1967
as amended by Act No. 4 of 1978. the functions of the Supreme Advisory
Council are to answer any questions that the President may ask in relation
to the affairs of the State, including questions on political. economic,
socio-cultural and military affairs. Conversely, the Council may
submit recommendations or express its views on any matter of national importance.
Members of the Council are nominated by the House and appointed by the
President for a term of five years. Certain set conditions must be met
to qualify for appointments.
The Council is headed by a Chairman and has four ViceChairmen and 45
members. The permanent committees of the Council are:
1. The political committee.
2. The economic, financial and industrial committee.
3. The committee on people's welfare.
4. The committee on defense and security.
THE SUPREME COURT
The Supreme Court is the judicial arm of the State and exists beside
the legislative and the executive branches. It enjoys an independent status
in the socio-political fabric. It was not until 1968 that the restructuring
of the Supreme Court was completed to meet the conditions set out in the
1945 Constitution, i.e., to be free from government intervention in the
exercise of justice. In 1970 a law was enacted that laid down the basic
principle of Indonesia's judicial powers.
THE STATE AUDIT BOARD
The functions of the State Audit Board are outlined in Article 23 of
the 1945 Constitution. Its main function is to conduct official examinations
of government financial accounts. The findings of the Board are submitted
to the House of Representatives, which approves the government budget.
In his annual state address on August 16, the President reports to the
House on the Government's performance during the past fiscal year. Detailed
accounts of government revenues and expenditures and a full report on the
progress achieved in development and administration, are recounted in the
supplement to the presidential speech.
THE GOVERNMENT APPARATUS
A major concern of the Government has been the creation of an efficient,
clean and respectable administration on national and regional level. This
is understandable considering that the progress achieved in national development
has created considerable expansion in government activities and responsibilities,
and pressing public demands for continuous improvements and streamlining
of routine and more often of development administration.
Government regulations that prove to be unnecessary red tape have been
abolished by deregulation and debureaucratization. However, administrative
reform that will achieve the ideal results is a long and painstaking effort.
Thus, preventive and repressive actions have been and will continue to
be taken until abuse of authority and malpractice on the part of the state
apparatus are reduced to a minimum or. hopefully, eliminated.
LOCAL GOVERNMENTS
The structure and organization of local governments follow the pattern
of the national government. On the national level, .the President is the
Chief Executive and works with a cabinet of ministers. Next to the national
executive is the House of Representatives, with whom the government enacts
laws and determines the national budget.
Similarly, the Governor is the Chief Executive in the province and works
with a staff of regional officials. Side by side is the provincial legislative,
with whom the regional government concurs on regional legislation and decisions
on the budget.
On the district (Kabupaten) and municipal (Kotamadya) levels, the Chief
Executives are respectively, the Bupati (district head) and Walikota kodya
(mayor). Again, the Bupati/Walikota kodya concurs with the local legislative
on matters relating to local government regulation and the budget. Both
provincial and district unicipality governments are granted autonomy.
Where the President is the Head of State, the Governor is the Head of
the Province and concurrently represents the Central Government in his
region. Similarly, the Bupati/Walikota kodya is the Head of the Kabupaten/kotamadya
and concurrently represents the Governor in his district/municipality.
The procedure of appointing a governor is as follows: The provincial
legislature elects two or three candidates. The election result is reported
to the national government, via the Minister of Home Affairs. The winning
candidate is then appointed Governor by the President on the recommendation
of the Minister.
In a similar way, the Kabupaten/kotamadya legislature elects two or
three candidates to be proposed to the Minister of Home Affairs. One of
these then is appointed Bupati/Walikota kodya, by the Minister on the recommendation
of the Governor.
Below the district municipal level the administrative units are not
autonomous. These are the Kecamatan, or Sub-District Administrations and
the Kelurahan, or the Village Administrations. The Kecamatan is an administrative
sub-division of the Kabupaten or Kotamadya. It is headed by a Camat. The
Kecamatan office is in charge of the administration of the sub-district,
social welfare and economic affairs. Some national government departments
have branches in the Kecamatan office.
The system of village administration is not much different from that
of the Kecamatan. The Lurah, who heads the kelurahan, is assisted by a
secretary and section heads. Unlike the Kecamatan, however, national government
departments do not have branch offices in a Kelurahan. Both the Camat and
the Lurah are civil servants appointed on merit from the ranks of local
government officials.
In the Desa, or village, the administrative system is somewhat different.
The village head, is elected by the village's adult population. The elected
candidate is then appointed by the Bupati on behalf of the governor. In
the office of the village head there is a secretary and several section
heads. A unique feature of village life is the Village Council of Elders,
which is composed of 9 to 15 prominent village leaders. The Council makes
decisions in concurrence with the village head. In fact, this grass-roots
level administration of the village, with its indigenous system of democracy
and mutual help, was the inspiration of the founding fathers of the Republic
when they decided on the government as laid down in Pancasila and the 1945
Constitution.
The "Lembaga Ketahanan Masyarakat Desa" is a village organization whose
task is to promote socio-economic conditions so that the village becomes
a viable rural community. The organization is headed by the Village Head
or Lurah who is assisted by a secretary. Other members of the organization
are drawn from the village community.
Community living is fostered by two neighborhood organizations. "The
Rukun Tetangga" takes care of social and administrative matters of a neighborhood,
such as the registration of families, security, garbage collection, etc.
"The Rukun Warga" is the coordinating organization of a number of Rukun
Tetangga. Both these organizations are voluntary and non-formal and mainly
designed to assist in the work of Lurah/village head.
Regional Finance
The budget for regional administration and development is composed
of the following:
a. Budget allocation from the Central Government to Local Governments.
b. Central Government grants to Local Governments.
c. Taxes collected by Local Governments with the approval of the Central Government.
d. Corporate profits of Local Government enterprises.
e. Credits secured by Local Governments.
Administrative Division Regions
The Unitary State of the Republic of Indonesia is divided into 27 provinces
which are sub-divided into 243 districts, 55 municipalities.16 administrative
unicipalities, 35 administrative cities, and 3,841 sub-districts or kecamatans.
Three of the provinces are special territories, namely the Capital City
of Jakarta, the Special Territory of Yogyakarta, and the Special Territory
of Aceh. Villages are classified into desas or rural villages and kelurahans
or urban villages. The head of a desa, is elected by the village community,
whereas the head of a kelurahan which is called lurah, is a civil servant
appointed by a camat or head of a subdistrict on behalf of the governor.
INDONESIA'S FOREIGN POLICY
THE PRINCIPLES OF THE FOREIGN POLICY
The principles underlying Indonesia's foreign policy were expounded
for the first time by Mohammad Hatta on September 2, 1948 at Yogyakarta
in Central Java.
In a session of the Working Group of the Central National Committee
of Indonesia (KNPI), the forerunner of the Indonesian Parliament, Vice-President
Hatta, concurrently Prime Minister and Minister of Defense of the young
Republic, clarified the Government's stand on various domestic and international
issues. Refuting the premise of the People's Democratic Front of the Indonesian
Communist Party, that in the Cold War between Russia and America the best
foreign policy for Indonesia would be to side with Russia, Hatta stated:
"Do we, Indonesians, in the struggle for the freedom of our people and
our country, only have to choose between Russia and America? Is not there
any other stand that we can take in the pursuit of our ideals?"
"The Government is of the firm opinion that the best policy to adopt
is one which does not make us the object of an international conflict.
On the contrary, we must remain the subject who reserves the right to decide
our own destiny and fight for our own goal, which is independence
for the whole of Indonesia." (Mohammad Hatta,
"Mendayung Antara Dua Karang," 1976).
The above statement was an indication of the policy Indonesia would
take in international relations, which later became known as "mendayung
antara dua karang" (rowing between two reefs).
THE INDEPENDENT AND ACTIVE FOREIGN
POLICY
These principles are the foundation of Indonesia's foreign policy,
which is independent and active.
The policy is independent because Indonesia does not side with world
powers. As a matter of principle, so doing would be incompatible with the
country's national philosophy and identity as implied in Pancasila.
The foreign policy is active to the extent that Indonesia does not maintain
a passive or reactive stand on international issues but seeks active participation
in their settlement. In other words, Indonesia's independent and active
policy is not a neutral policy, but it is one that does not align Indonesia
with the super powers nor does it bind the country to any military pact.
Essentially, it is a policy designed to serve the national interest while
simultaneously allowing Indonesia to cooperate with other nations to abolish
colonialism and imperialism in all their forms and manifestations for the
sake of world peace and social justice. This explains why Indonesia was
one of the founding members of the Non-Aligned Movement.
THE PRIMARY OBJECTIVES
Any country's foreign policy is a reflection of its national aspirations
vis-a-vis the rest of the world. It is a component of the country's geopolitical
strategy. Based on these premises, the primary objectives of Indonesia's
foreign policy are:
a. To support the national development with priority on economic
development, as set out in the Five-Year Development Plans:
b. To preserve internal and regional stability conducive to national
development;
c. To protect the territorial integrity of Indonesia and
safeguard the people's place of abode.
HUMAN RIGHTS (HAM)
In compliance with the development and fast change in international
constellation after the cold war, and in accordance with the recommendation
of the 1993 Vienna Declaration and Action Programs, and also the outcome
of the Second National Workshop on Human rights, organized by the Indonesian
Government, the National Commission on Human Rights (KOMNAS HAM) and the
United Nations in 1994, Indonesia has produced the National Action Plan
for (RAN-HAM) for 1998 to 2003. The action plan was designed by the Inter-Ministerial
Permanent Committee on Human Rights, established in 1991, together with
KOMNAS-HAM, with the Ministry of Foreign Affairs as the focal-point. Its
activities focus on four main pillars, namely:
(1) Ratification of international instruments in the field of Human Rights;
(2) Dissemination and education of Human Rights;
(3) The Human Rights problems which have been given priority
to be solved, especially the problems relating to non-derogable rights,
the violation of which could ruin the national image easily:
(4) The implementation of the ratified international Human Rights Conventions.
President Habibie, in line with the serious efforts of the Government
to advance and protect Human Rights officially, proclaimed RAN-HAM on June
25, 1998. RAN-HAM contains the real steps for the furtherance and observance
of Human Rights implemented on the national level for the period of 5 (five)
years. Then RAN-HAM was installed by Presidential Decree No. 129 on August
15, 1998 and the National Committee of RAN-HAM was formed to carry out
the RAN-HAM programs.
In accordance with the first pillar of the National Plan for Human Rights
in Indonesia, ratified the convention against tortures and other treatments
or and punishments which are cruel, inhumane or perogatory to the human
dignity by Law No. 5 on September 28, 1998. On April 16, 1999 the Plenary
Session of the House of Representatives approved the Bill for the ratification
of the convention for eradication of all kinds of racial discrimination
which is awaiting Presidential approval. At the moment preparation is underway
for the ratification of the international convention concerning economic,
social, and cultural rights. Relating to reporting, the Government has
formed a Task Force. Its first duty is prepare a report on the convention
against cortures, which to be conveyed to the Committee of Anti -Torture
on November 26, 1999.
In the framework of implementing the RAM-HAM, Indonesia has signed a
Memorandum of Understanding (MOU) and Project Document concerning Technical
Cooperation in the Field of Human Rights with the UN High Commissioner
on Human Rights (KTHAM-PBB), on August 13, 1998 and March 4, 1999 respectively.
Indonesia has also accepted an offer of technical cooperation in the field
of Human Rights from foreign countries, among others Australia, Sweden,
Canada and Norway.
In the field of Manpower, in 1998 Indonesia ratified ILO Convention
No. 87 concerning the Freedom of association and protection for rights
to establish organization, with Presidential Decision No. 83 on June 5,
1998. In 1999, Indonesia ratified three other ILO conventions, namely:
ILO Convention number 105 on Abolition of Servitude: ILO Convention number
138 on Minimum Wage: and ILO Convention number III on Abolition of Job
Discrimination.
INDONESIAN ARCHIPELAGO SEA LANES
(ALKI)
Indonesia's struggle for international recognition on archipelagic
concept has succeeded by the acceptance and incorporation of the Archipelagic
State principle in Chapter IV of UN Convention concerning Law of the Sea
of 1982. However, Indonesia has to consider and recognize the rights of
other states, especially for the passage of military ships/sea
fleet through Indonesian waters, particularly through the regions
which are usually used for international shipping. This concession is given
by an archipelagic state in the form of archipelagic sea lanes as mentioned
in Article 53 of the Convention.
To comply with the above stipulation through the International Maritime
Organization situated in London, has Indonesia proposed sea lanes of the
Indonesia archipelago consisting of three NorthSouth ALKI, namely ALKI
I, ALKJ II and ALKI III which in the southern part have three branches,
namely ALKI III-A, III-B and III-C.
The archipelagic sea lanes passing through the Indonesian sea territory
are:
ALKI I : Sunda Strait-Karimata Strait-Natuna Sea-South China Sea.
ALKI II : Lombok Strait-Makasar Strait-Sulawesi Sea.
ALKI III-A : Sawu Sea-Ombai Strait-Banda Sea (Western part of Buru
lsland)-Seram Sea (Eastern part of Mongole 1sland)-Maluku Sea-Pacific Ocean.
ALKI III-B : Timor Sea-Leti Strait-Banda Sea (Western part of Buru
lsland)-Seram Sea (Eastern part of Mongole Island) -Maluku Sea-Pacific
Ocean.
ALKI III-C : Arafuru Sea-Banda Sea (Western part of Buru lsland)-Seram
Sea (Eastern part of Mongole Island)-Maluku Sea-Pacific Ocean.
The background of the proposal of the three ALKIs is based on the consideration
of various sectoral interest as well as defense and security, hydro-oceanographic
and natural aspects of each ALKI; the problems of marine environment and marine
conservation areas, exploration and natural resources exploitation (oil and gas),
fish catching: the importance and safety of national shipping and aviation;
the existence of submarine pipes and cables; and the importance of international
marine traffics through the Indonesian territorial waters.
In the effort to establish ALKI, Indonesia has held a series of informal
meetings with several big countries that use the archipelagic sea lanes
in the Indonesian territorial waters, such as the United States of America.
Australia, Japan and England. In accordance with the results of the meetings,
in 1995, the Indonesian government approached the International Organization
concerned, namely IMO. Based on IMO suggestion, the Indonesian government
then approached the International Hydrographic Organization (IHO) to discuss
ALKI symbols that would be used in the shipping map.
On national level, the Indonesian government has also done a series
of important activities, among others establishing the starting lines of
the Indonesian archipelago and the coordinates of the three ALKI's. Considering
that ALKI must be established in the territorial waters of the archipelago,
the Indonesian government has readjusted its archipelagic starting lines
in the Natuna Sea that is passed by ALKI-I by incorporating a half of the
Exclusive Economic Zone (ZEE) in that area as archipelagic territorial
waters. The readjustment of the starting lines in the Natuna Sea is enacted
by Government Regulation No 61/1998 and has been translated into English
and submitted to IMO.
In compliance with the results of meeting and approaches and the series
of activities to prepare a proposal plan for the establishment of the starting
lines, on August 30. 1996, the Indonesian government officially submitted
the proposal for the establishment of the three ALKIs to be discussed in
the 67'h meeting of Maritime Safety Committee (MSC) - IMO in 1996.
After long discussion and debate with the main user countries of ALKI.
namely the United States of America. Australia. Japan and England in that
meeting, and approaches to the neighboring countries such as Singapore.
Malaysia and Thailand, an agreement was reached between Indonesia and the
main user countries about the stipulation of Rights and Obligations of
Foreign Ships in ALKI (19 stipulation) that must be observed and obeyed
by ships that pass ALKI. Finally, the establishment of three North-West
ALKI was adopted by the 69'1' Plenary Session of IMO in London on May 19.
1998. To this regard, Indonesia became the first country which established
its archipelagic sea territory based on the stipulation of the Marine Law
Convention of 1982.
In accordance with the 69th MSC results, in the framework of establishing
ALKI internationally, the Indonesian government will enact it in the national
regulation and submit to IMO to be announced. In this connection, the Ministry
of Foreign Affairs, as the coordinator of ALKI matters that have international
dimension, has coordinated with the Ministry of Justice and agreed that
the establishment of ALKI and the stipulations of Rights and Obligations
of Foreign Ships in ALKI will be enacted in government regulation that
is being prepared by the Ministry of Justice.
The ALKI acceptance by IMO gives the Indonesian government further task
to introduce ALKI in national level to institutions/related parties.
ASEAN
In 1998. significant progress took place in South East Asia region.
where ASEAN remained one the pillar of Indonesian foreign policy. In 1998,
the 10"' ASEAN vision was realized, which is the aspiration of the Bangkok
Declaration in 1967. The 10'h ASEAN vision came true when ASEAN leaders
agreed to accept Cambodia as full member of ASEAN in the 6'h ASEAN Summit
Meeting in December 1998 in Hanoi. Vietnam. The acceptance ceremony of
Cambodia as an ASEAN member countries was done in a special meeting of
ASEAN Foreign Affairs Ministers quite recently.
The 31th Meeting of ASEAN Foreign Affairs Ministers in Manila on 24-25
July 1998 discussed important problems which were compiled in a Joint Communique
that consisted of the statement of ASEAN Foreign Affairs Ministers about
the crisis in the region matters of the Second Protocol to ASEAN's Treaty
of Amity and Cooperation/TAC; nuclear test by India and Pakistan: matters
on Cambodia; the approaches relationship among ASEAN members countries:
and the preparations of the implementation of the 6th ASEAN Summit Meeting.
On this occasion, the Ministers of Foreign Affairs signed the Second Protocol
that gives access to other countries outside ASEAN to TAG.
According to plan, the Sixth ASEAN Summit Meeting was convened in Hanoi.
Vietnam on December 15-16, 1998. This ASEAN Summit had a strategic meaning
because this was the last ASEAN Summit before the 21st century. At this
opportunity, the leader of ASEAN approved three documents that could help
ASEAN recover from the monetary crisis and restore the economic growth
of each country. The documents the meeting has yielded the Hanoi Declaration
(Hanoi Summit Declaration), the Hanoi Plan of Action, and ASEAN Statement on Bold Measures.
Through the Hanoi Declaration, the leaders of ASEAN clarified their
commitment to strengthen economic integration among the members as a proof
of cooperation spirit and solidarity. For that reason. ASEAN would try
immediately to make efforts to recover the macro economy and monetary stability,
economic recovery, and to maintain a sustained economic growth.
Meanwhile, the Hanoi Plan of Action is the clarification of ASEAN 2020
vision and the ASEAN determination to strengthen macroeconomy and financial
cooperation by maintaining regional macroeconomy and finance: strengthening
the financial system: improving liberalization of the cooperation financial
service sector; intensifying finance, taxes and insurance, and the development
of ASEAN capital market. Efforts for a closer economic integration improvement
will be done through the acceleration of the implementation of AFTA, ASEAN
International Cooperation Scheme (AICO), ASEAN Investment Area (AIA), service
trade liberalization: the improvement of food, agriculture and forestry
safety: the intensification of industrial cooperation: the strengthening
of small and medium companies: the expansion of cooperation on the Intellectual
Property Rights (HAKI): the improvement of ASEAN tourism: and the development
of regional infrastructures.
BNI-46, the biggest state owned bank in Indonesia
Tanjung Priok harbor, Jakarta, for container loading-unloading
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