Description

THE ‘ROUND TABLE CONFERENCE’:

 

PANITIA URUSAN KETATANEGARAAN DAN HUKUM TATANEGARA (KONFERENSI MEJA BUNDAR) [THE COMMITTEE ON STATE AFFAIRS AND STATE LAW (ROUND TABLE CONFERENCE)]. 

 

Badan Perwakilan Sementara / Tahun Sidang 1949 / Pokok 22 – Sidang 2 – Lantip 2 / Undang-undang Dasar Republik Indonesia Serikat / Rentjana undang-undang.

[Temporary Representative Body / Session Year 1949 / Point 22 – Session 2 – Point 2 / Constitution of the Republic of the United States of Indonesia / Legislative Plan].

 

[The Hague:] Late October 1949.

 

The people of the Dutch East Indies (today’s Indonesia) had been bristling under colonial rule long before the World War II Japanese invasion and occupation of the colony temporarily evicted the Dutch in 1942.  On August 17, 1945, towards the end of the period of Japanese occupation, the nationalist leader Sukarno declared Indonesia to be independent and enacted the Indonesian Constitution of 1945.  This document called for Indonesia to be a unitary state governed by a democratic presidential system with some parliamentary characteristics.  However, the reality was that Indonesia was far from being a sovereign state.

In the wake of the defeat of Japan, Dutch officials returned to Indonesia, with the intention of reinstating colonial rule.  They entirely rejected Sukarno’s would-be regime and his constitution as being the illegitimate machinations of people who had ‘collaborated’ with the unpopular Japanese occupation.  The Dutch proceeded to jail or exile many independence leaders, and while nationalists rose to mount the Indonesian National Revolution, an armed rebellion against colonial rule.

It soon became clear to all Dutchmen, save the most delusional colonialist diehards, that it would be undesirable, and likely impossible, for the time war-ravaged Netherlands to reinstate the pre-WWII colonial system.  While Dutch-Indonesian hostilities were still ongoing, representatives of the two sides nevertheless forged the Linggadjati Agreement (November 15, 1946), whereupon the Netherlands tacitly recognised Indonesian independence pursuant to further deliberations and conditions.  Both sides made concessions, in that the Netherlands agreed to surrender all of Indonesia (save Western New Guinea) to the new republic, while the Indonesians agreed to make their new state a federal union, as opposed the unitary state.  The Dutch were adamant that Indonesia should be a federal union, as they believed that it would be easier to maintain their influence over a confederation of small semi-autonomous provinces, as opposed to a country controlled by a powerful monolithic regime, while the more altruistic Dutchmen held that a federal system would better protect democracy and minority rights.

Despite the Linggadjati Agreement and the good personal rapport between the Dutch and Indonesian delegates, bizarrely both sides remained engaged in active armed conflict.  While the Dutch were able to maintain control of many major cities, they had lost all authority in the countryside, such that their situation was untenable.

Eventually, United Nations Resolution 67 (January 28, 1949), and intense U.S. pressure upon the Netherlands, made it clear that the international community had enough of the conflict in Indonesia.  This precipitated the Roem–Van Roijen Agreement (May 7, 1949), whereupon both sides agreed to move quickly towards a final settlement.

Indonesian stakeholders met in their provisional republican capital of Yogyakarta from July 31 to August 2, 1949 to discuss their priorities and strategy for the formation of the ‘United States of Indonesia’, including the outlines of its federalist constitution.

 

The Round Table Conference & the First Constitution of Independent Indonesia

The decisive event for Indonesian Independence was the Dutch–Indonesian Round Table Conference (Dutch: Nederlands-Indonesische rondetafelconferentie; Bahasa Indonesia: Konferensi Meja Bundar), in The Hague, which was held between August 23 and November 2, 1949.  The forum’s explicit objective was to secure the final and nearly immediate independence of Indonesia, and to set the definitive terms upon which that was to occur.  The conference had three parties of participants, the Kingdom of the Netherlands, the Republic of Indonesia, and the Federal Consultative Assembly, the latter being a delegation representing the individual regions that would make up the Indonesian federation.

During the conference most of the deliberations occurred at committee level.  The forum featured five committees composed of delegates from the three parties and were charged with resolving matters such as a Dutch-Indonesian economic agreement, Charter of Transfer of Sovereignty, a statute of union, a draft constitution, as well as accords on social and military relations.  Most subjects were deliberated with broad agreement, save for the question of the allocation of the Dutch East Indies’ large remaining external debt and the status of Western New Guinea (which the Netherlands insisted upon retaining). As it turned out, the parties agreed to delay resolving the matter of Western New Guinea until after Indonesian Independence, while the Netherlands compelled Indonesia to assume a large portion of the old colonial debt, as the ‘price for their independence’.

The Round Table Conference called for the creation of ‘The Dutch–Indonesian Union’, a consultative body where the two nations would agree to resolve disputes and plan cooperation in a civilized fashion.  The conference also stipulated that all Dutch troops would be withdrawn from Indonesia “within the shortest possible time”.  Moreover, Indonesia would grant the Netherlands most favoured nations status, while Dutch companies and nationals would be allowed to operate freely within an independent Indonesia.

The important task of writing and recommending the approval of draft constitution for Indonesia was left to the Panitia Urusan Ketatanegaraan dan Hukum Tatanegara [The Committee on State Affairs and State Law], composed of Indonesian and Dutch delegates.  Notably, the Indonesian side was led by a big name, Soepomo, a brilliant lawyer and diplomat, who would serve as independent Indonesia’s first Justice Minister.

The constitutional committee completed its deliberations, producing a draft constitution in late October 1949, which was submitted to the full Round Table Conference on October 29.  The conference formally approved the draft, which made it the official constitution of the United States of Indonesia (Republik Indonesia Serikat, or RIS), upon the country gaining its independence.  This document, which abrogated the 1945 Constitution, is formally known as the Undang-undang Dasar Republik Indonesia Serikat [Constitution of the Republic of the United States of Indonesia] and is commonly known in English as the ‘RIS Constitution’.

The RIS Constitution was approved by the Dutch parliament on December 21, 1949, while the provisional Indonesian legislature had given their approval on December 14.  Indonesia formally became an independent nation on December 27, 1949.

 

The Present Work in Focus

Here is an amazing and seminal original artifact from the Round Table Conference, being the final draft of the RIS Constitution, crudely produced as a mimeograph of a typescript.  It is one of the examples that was submitted to the conference delegates for their approval on October 29, 1949.  As the final draft, its content is consistent with the constitution as was inaugurated as the basic law of the United States of Indonesia upon its independence on December 27, 1949.  While several examples would have been made, the survival rate of such documents is very low.  We cannot trace the locations of any other examples, although there may be couple held in archives in the Netherlands and Indonesia.

The RIS Constitution consists of a preamble, contents and an agreement charter.  The body of the work consists of six chapters, divided into 197 articles.  In essence it called for the United States of Indonesia to be a federal union, with strong powers allocated to the regions, which were to be semi-autonomous.  At the federal level, ultimate power was to rest in the 150-member elected House of Representatives, while the President was to be relatively weak.  Matters such as civil rights, the court system, etc. were to generally conform to Western liberal democratic norms.

The ‘Preamble’ of the constitution features the Pancasila (derived from ‘five principles’ in Sanskrit), so echoing the 1945 pre-independence constitution.  These principles are: 1. The One and Only God; 2. Fair and civilized humanity; 3. Indonesian Unity; 4. A society led by wisdom in deliberation/representation, and 5. Social justice for all Indonesian people.

Chapter I (pp. 1 – 8), Van de Staat van de Verenigde Staten van Indonesië [Of the State of the United States of Indonesia], reads, in its first four parts: The United States of Indonesia is a state of law based on democracy and in the form of a federation (article 1a), whose sovereignty is exercised by the Government together with the House of Representatives and the Senate (article 1b).

The United States of Indonesia includes the Republic of Indonesia based on the Renville Agreement, East Indonesia, Pasundan State, Jakarta Federal District, East Java State, Madura State and East Sumatra State and Autonomous Regions (Central Java, Bangka, Belitung, Riau, West Kalimantan (Special Region), Dajak Besar; Bandjar Region, Southeast Kalimantan, and East Kalimantan) (article 2).

The national flag of the United Republic of Indonesia is the Red and White flag (article 3 paragraph 1), the national anthem is the song “Indonesia Raya” (article 3, paragraph 2) and the official language of the Republic of the United States of Indonesia is Indonesian (article 4).

The government establishes the seal and symbol of the state (article 3 paragraph 3).

Citizenship and citizenship (naturalization) and Residents are regulated by federal law (article 5, paragraph 1 and 2 and article 6).

This is follewed by Chapter II (pp. 8 – 14): De Republiek der Verenigde Staten van Indonesië en de Deelgebieden [The Republic of the United States of Indonesia and its Sub-Territories]; Chapter III (pp. 14 -24 ): Van de Organen van de Republiek der Verenigde Staten van Indonesië [Of the Organs of the Republic of the United States of Indonesia]; Chapter IV (pp. 24 – 37): Van het Bewind [Of the Adminsitration]; Chapter V (pp. 37 – 39): Van het Constituante [Of the Constitution]; and Chapter VI (pp. 39 – 41): Der Veranderingen, Overhangs- en Slotbepalingen [Of Changes, Transitional and Final Provisions].  The work is concldued with the Aanhangel: Onderwerpen van Overheidszorg waar van de uitoefening is opgedragen aan de Republiek der Verenigde Staten van Indonesië ingevolge Artikel 51 der Constitutie [Appendix: Subjects of Government Care the Exercise of which is Entrusted to the Republic of the United States of Indonesia Pursuant to Article 51 of the Constitution] (pp. 41-3).

 

Epilogue: The Pathway to Authoritarianism

Not long after Indonesia gained its independence the powers that be desired to change the RIS Constitution so at to make Indonesia a unitary state.  While the Netherlands was not pleased by this volte-face, they were in no position to stop it and decided that it was not worth risking their large investments in the country by putting up too much of a protest.

The Undang-Undang Dasar Sementara Republik Indonesia 1950 [Provisional Constitution of the Republic of Indonesia of 1950] was enacted on August 17, 1950, so abrogating the RIS Constitution of 1949.  It renamed the county as the ‘Republic of Indonesia; and, in essence, it increased the Indonesian government’s control over the regions and while it enhanced the President’s powers, the House of Representatives was still supreme.  To increase his personal power, President Sukarno, with the support of the military, issued the Presidential Decree of 5 July 1959 (Keputusan Presiden Republik Indonesia Nomor 150 Tahun 1959 Tentang Kembali kepada Undang-Undang Dasar 1945), which abrogated the 1950 Provisional Constitution and revived the 1945 Constitution.  As such, it made Indonesia a Presidential Republic, opening the door towards authoritarianism.  Indeed, in 1967, Sukarno was overthrown by the military officer Suharto, who essentially became a dictator, suppressing all the measures of democracy as mandated in all three of Indonesia’s constitutions.

 

References: N/A – No other examples of the draft RIS Constitution traced.  Cf. DROOGLEVER, P. J. “The Genesis of the Indonesian Constitution of 1949.” Bijdragen Tot de Taal-, Land- En Volkenkunde, vol. 153, no. 1, 1997, pp. 65–84.