Jakarta Charter

Part of a series on the
History of Indonesia
Timeline
show Prehistory Java Man 1,000,000 BP Flores Man 94,000–12,000 BP Toba catastrophe 75,000 BP Buni culture 400 BCE
show Hindu and Buddhist Kingdoms Salakanagara Kingdom 130–362 Kutai Kingdom 350–1605 Tarumanagara Kingdom 358–669 Kalingga Kingdom 500s–600s Melayu Kingdom 600s Srivijaya Empire 600s–1200s Sailendra Empire 800s–900s Galuh Kingdom 669–1482 Sunda Kingdom 669–1579 Medang Empire 752–1006 Bali Kingdom 914–1908 Kahuripan Kingdom 1006–1045 Kediri Kingdom 1045–1221 Dharmasraya Kingdom 1183–1347 Pannai Kingdom 1000s–1300s Singhasari Empire 1222–1292 Majapahit Empire 1293–1500
show Islamic Sultanates Spread of Islam 800–1600 Peureulak Sultanate 840–1292 Aru Kingdom 1225–1613 Ternate Sultanate 1257–1914 Samudera Pasai Sultanate 1267–1521 Pagaruyung Kingdom 1347–1833 Brunei Sultanate 1368–1888 Malacca Sultanate 1400–1511 Sulu Sultanate 1405–1851 Cirebon Sultanate 1445–1677 Demak Sultanate 1475–1554 Aceh Sultanate 1496–1903 Banten Sultanate 1526–1813 Banjar Sultanate 1526–1863 Kalinyamat Sultanate 1527–1599 Mataram Sultanate 1500s–1700s Johor Sultanate 1528s–1877 Siak Sultanate 1725–1946 Surakarta Sunanate 1745–1946 Yogyakarta Sultanate 1755–1945 Deli Sultanate 1814–1946 Riau-Lingga Sultanate 1824–1911
show Christian Kingdoms  [id] 1399–1670  [id] 1510–1956 Larantuka Kingdom 1515–1904  [id] 1570–1942
show Chinese Kongsi federations 1776–1854 Lanfang Republic 1777–1884 Santiaogou Republic 1777–1853
show European Colonization Portuguese 1512–1850 Dutch East India Company 1602–1800 French and British interregnum 1806–1816 Dutch East Indies 1800–1942 1945–1950
show Emergence of Indonesia National Awakening 1908–1942 Japanese occupation 1942–1945 National Revolution 1945–1949 United States of Indonesia 1949–1950
show Republic of Indonesia Liberal democracy 1950–1957 Guided Democracy 1957–1966 Transition 1965–1967 New Order 1967–1998 Reform era 1998–present
show By topic Archaeology Currency Economy Military
Indonesia portal
v t

The Jakarta Charter (Indonesian: Piagam Jakarta) was a document drawn up by members of the Indonesian Investigating Committee for Preparatory Work for Independence (BPUPK) on 22 June 1945 in Jakarta that subsequently formed the basis of the preamble to the Constitution of Indonesia. It included an obligation for Muslims to abide by Shariah law.

Background[]

In March 1945, the Japanese military authority in Java during the Japanese occupation of Indonesia established the Investigating Committee for Preparatory Work for Independence (Badan Penyelidik Usaha Persiapan Kemerdekaan (BPUPK)) to decide on key issues related to the future independent state, including its constitution. There was a clear division on the committee between those who wanted a secular state and those who wanted a greater role for Islam. On 1 June, the last day of the first session, nationalist and future Indonesian president Sukarno made a speech outlining the Pancasila - the five principles that would form the ideological basis of the new state. A sub-committee of eight members, the panitia kecil (small committee), was set up with Sukarno as chairman to discuss the issues that had emerged.^[1]

The drawing up of the document[]

In the recess between the two BPUPK sessions, at the urging of future president Sukarno, 38 members met and decided to task a committee of nine members, the Panitia Sembilan, with starting to draft the constitution.^[2] These members, and their affiliations were:^[3][4]

• Sukarno (secular Muslim nationalist)
• Mohammad Hatta (secular Muslim nationalist)
• A.A. Maramis (secular Christian nationalist)
• Abikoesno Tjokrosoejoso (Muslim nationalist, former leader of the Indonesian Islamic Union Party (PSII))
• Abdoel Kahar Moezakir (Muslim nationalist, leading member of Muhammadiyah)
• Agus Salim (Muslim nationalist, former leader of Sarekat Islam)
• Achmad Soebardjo (secular Muslim nationalist)
• Wahid Hasjim (Muslim nationalist, leader of Nahdlatul Ulama)
• Mohammad Yamin (secular Muslim nationalist)

Over the course of the afternoon of 22 June, the nine men produced a preamble for the constitution that included Sukarno's Pancasila philosophy, but added the seven words in Indonesian (dengan kewajiban menjalankan syariat Islam bagi pemeluknya)^[5] that placed an obligation on Muslims to abide by Islamic law.^[1] Mohammad Yamin, who played a dominant role in the wording, named the preamble the Jakarta Charter.^[6]

Text of the document[]

Whereas independence is a genuine right of all nations and any form of foreign occupation should thus be erased from the earth as it is not in conformity with humanity and justice,

Whereas the struggle of the Indonesian independence movement has reached the blissful point of leading the Indonesian people safely and well before the monumental gate of an independent Indonesian State which shall be free, united, sovereign, just and prosperous,

By the grace of Almighty Allah and urged by the lofty aspiration to exist as a free nation,

Now therefore, the people of Indonesia declare herewith their independence,

Pursuant to which, in order to form a Government of the State of Indonesia that shall protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation's intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice, Indonesia's National Independence shall be laid down in a Constitution of the State of Indonesia, which is to be established as the State of the Republic of Indonesia with sovereignty of the people and based on the belief in God with the obligation to abide by Islamic law for its adherents, on just and civilized humanity, on the unity of Indonesia and on democratic rule that is guided by the strength of wisdom resulting from deliberation / representation, so as to realize social justice for all the people of Indonesia.

Jakarta, 22 June 1945

Signed:

Sukarno
Mohammad Hatta
A.A. Maramis
Abikoesno Tjokrosoejoso
Kahar Moezakkir
Agus Salim
Achmad Soebardjo
Wahid Hasjim

Mohammad Yamin

Subsequent developments[]

On 17 August 1945, Sukarno and Hatta declared Indonesian independence. The following day, the Preparatory Committee for Indonesian Independence (PPKI), which had been established with Japanese permission on 7 August, was due to meet. Hatta in particular and Sukarno were both worried that the obligation on Muslims would alienate non-Muslims. Before the meeting, Hatta met with Muslim leaders and managed to persuade them to agree to the removal of the seven words "for the sake of national unity".^[7] The PPKI then met and elected Sukarno and Hatta president and vice-president respectively.^[8] It then discussed the draft constitution, including the preamble. Hatta spoke in favour of removing the seven words, and Balinese delegate I Gusti Ketut Pudja suggested replacing the Arabic word Allah with the Indonesian word for God (Tuhan). This was accepted, but for some reason when the constitution was officially published, this change was not made.^[9] Following further discussion, the constitution was approved.^[10]

When the 1945 constitution was replaced by the United States of Indonesia Federal Constitution of 1949, and this in turn replaced by the Provisional Constitution of 1950, there were no attempts to include the seven words in the preambles, despite their similarity to 1945 version.^[11] However, in 1959, the Constitutional Assembly of Indonesia, which had been set up to produce a permanent constitution, reached deadlock as the Islamist faction wanted a greater role for Islam, but like the other factions, did not have enough support to win the two-thirds majority to push through its proposals. The Islamist faction supported the government's proposal to return to the 1945 Constitution on condition that the obligation on Muslims be re-inserted in the preamble. The nationalist faction voted this down, and in response, the Islamist faction vetoed the reintroduction of the 1945 Constitution. On 9 July 1959, Sukarno issued a decree dissolving the assembly and reinstating the original constitution, but without the seven words the Islamists wanted. To placate them, Sukarno stated that his decree relied on the Jakarta Charter, which had inspired the 1945 Constitution and which was an "inseparable", but was not a legal part of it.^[12][13]

There were two further attempts to revive the Jakarta Charter. In the 1968 special session of the Provisional People's Consultative Assembly (MPRS), Parmusi, a new Islamist party, called for it to have legal force, but the proposal was voted down.^[14] In 2002, during the MPR session that passed the final amendments to the constitutions, a number of small Islamic parties with the support of Vice-president Hamzah Haz tried again, this time by amending the Article 29 of the constitution to make shariah law obligatory on Muslims, but they were resoundingly defeated.^[10][15]

Notes[]

References[]