Reconsidering the Debate on Why �Indonesia’s Constitutional Assembly Failed

John Roosa

Department of History �University of British Columbia

Vancouver, Canada

The Provisional Constitution of the Republic of Indonesia, 1950 ��The book whose cover is shown on the left was written by Supomo, who was the main legal scholar among the Indonesian nationalists. The book, published in 1954, was his commentary on the constitution.

Gedung Merdeka, Bandung��photos by J. Roosa, 2022

It had been a social club only for the Europeans,

the Sociëteit Concordia, Bandung, ca. 1935

photos by J. Roosa, 2022

Facing the front

Facing the back

From: J.C.T. Simorangkir and B.M.R. Say, Konstitusi dan Konstituante (1958), p. 208.

Sukarno’s speech at the opening session, November 10, 1956

From: J.C.T. Simorangkir and B.M.R. Say, Konstitusi dan Konstituante (1958), p. 68.

President Sukarno announcing the decree disbanding

the Konstituante and reinstating the 1945 Constitution.

July 5, 1959. Jakarta.

President Sukarno’s Decree, July 5, 1959

• Sukarno blamed the Konstituante for not properly responding to his proposal to return to the 1945 Constitution.
• Sukarno claimed that the failure of the Konstituante endangered “the unity and security of the state, country, and nation” and that he had no other choice but to decide himself on the constitution that Indonesia would have. He was “forced to follow the only path to save the state.”

The Problem

Who is responsible for the death of constitutional democracy in Indonesia in 1959?

Adnan Buyung Nasution (1934-2015) ��The Aspiration for Constitutional Government in Indonesia: A Socio-Legal Study of the Indonesian Konstituante, 1956-1959 (Sinar Harapan, 1992).��Indonesian translation: Aspirasi Pemerintahan Konstitusional di Indonesia: Studi Sosio-Legal atas Konstituante, 1956-1959 (Pustaka Utama Grafik, 1995)�

May 30, 1959 vote on whether to adopt the 1945 constitution:

269 votes in favor, 199 votes against

Daniel Lev (1933-2006)

The Konstituante published the transcripts of the speeches related to the Fundamental Principle of the State (Dasar Negara) in three volumes in May 1958. A total of 104 speeches. Each volume was about 500 pages.

About the Fundamental Principle

• The main issue was whether the Fundamental Principle should be Pancasila or Islam.
• The PNI and PKI led the bloc supporting Pancasila, which had about 274 members, and Masjumi and the NU led the Islamic bloc, with about 230 members.
• Neither had the 2/3 majority needed for the motion to pass.
• Neither side would concede.

PRRI/Permesta Revolt, 1956-58

• Began in December 1956 with regional army commanders seizing the power of provincial governments in Sumatra and northern Sulawesi.
• CIA contacted the army colonels in April 1957. US President authorized the CIA to provide covert aid in September 1957.
• Declaration of an alternative government on February 15, 1958.
• Large-scale Indonesian military operation to suppress the revolt began March 1958. Largely concluded by end of 1958.

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Allen Pope, pilot hired by the CIA to bomb sites

in Indonesia. Shot down in May 1958.

Put on trial in Jakarta in 1960.

Best book on the PRRI/Permesta revolt and US support for it. ��Audrey and George Kahin, Subversion as Foreign Policy (1995)

Who killed the Konstituante and constitutional democracy?

Many people and institutions played a role:

• 1) Sukarno
• 2) General Nasution
• 3) The military officers and civilian politicians (such as those from Masjumi) behind PRRI/Permesta revolt
• 4) The US government that supported the revolt
• 5) Masjumi and NU which refused to compromise on the Fundamental Principle.
• 6) PNI and PKI and other parties that voted for a return to the 1945 Constitution without amendments

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