501.BC–Indonesia/4–148: Telegram
The Consul General at Batavia (Livengood) to the Secretary of State 1
confidential
Batavia, April
1, 1948—6 p. m.
257. Gocus 208. Further Gocus 206.2 Following is summary Indonesian delegate’s working paper on outlines USI (Deptel 125 March 263).
(A) Structure of USI should be essentially as follows:
- (1)
- USI shall be sovereign independent democratic republic on federal basis.
- (2)
- USI shall be national state in sense that USI shall be expression of right of self-determination and self-government of Indonesian people.
- (3)
- USI shall be based upon belief in God and principles of humanity and shall secure to all citizens social, economic and political justice.
- (4)
- Participation in formation of and membership in USI shall be open to any territory in Indonesia whose population by democratic procedure expresses desire to that effect.
(B) USI constitution will have to contain among other things following principles:
- (1)
- Head of state or president and chairman of both houses of federal parliament shall be an Indonesian.
- (2)
- Member states of USI shall be democratic and shall have republican form of government; head of member state and chairman of state parliaments shall be Indonesian.
- (3)
- Member states shall have no right of secession nor shall expulsion of member states be possible.
- (4)
- Federal legislative power shall decide admission of new member states and new territories in USI.
- (5)
- Changes of frontier lines, splittings and junctions member states shall only be possible with mutual consent USI and member states concerned. Such changes shall be effected according procedure to be decided by constituency.
- (6)
- Constitutions of member USI states shall contain no provisions contrary to principles USI constitution.
- (7)
- Powers of USI and member states will in principle be so divided that in any case powers of USI will comprise management of matters pertaining to foreign relations and defence, main economic and financial problems, all other matters coming within sphere of union, and matters concerning relations between member states. USI power will further comprise management of such matters to be further specified in constitution as can only be dealt with within sphere of federation. There shall be list of subjects which will be placed under exclusive jurisdiction of USI while another list of subjects shall be added which shall be placed under concurrent jurisdiction. Overriding authority on subjects of concurrent jurisdiction shall be vested in federal government. Residual powers shall be left to state governments.
- (8)
- USI by its own organs of government will promote general interests of Indonesian people as whole, common interests of member states, and see to all matters pertaining to mutual relations of member states.
- (9)
- Safeguards of rights of minorities.
- (10)
- Safeguards of fundamental human rights and freedoms mentioned in UN charter.
- (11)
- Assurance of sound financial and economic basis. This connection, Indonesian delegation would be glad to see economic principles which have been laid down in republican constitution adopted in USI constitution, i.e. (a) Economy of people shall be organized cooperatively. (b) Branches of production which are important to state and which affect life of most people shall be controlled by state. (c) Land, water and natural riches therein shall be controlled by the state and shall be exploited for greatest welfare of people.
- (12)
- Common Indonesian citizenship.
- (13)
- Creation of system of national education and development of national Indonesian culture.
- (14)
- Bahasa Indonesia to be official language of USI and member states. This connection may be noted that member states shall have opportunity cultivating their own regional languages along with Bahasa Indonesia; adequate interest will be paid to Dutch language as language of Indonesian citizens of Dutch origin and as language of partner in union.
- (15)
- Red-white flag to be flag of USI.
(C) Governmental structure of USI shall be essentially as follows:
- (1)
- Head of USI to be president who will hold office five years and be eligible reelection.
- (2)
- Vice president will be ex-officio chairman of upper house legislature.
- (3)
- There will be council of ministers with prime minister at head. Prime minister will be appointed by president, other ministers will be appointed by president on advice of prime minister.
- (4)
- Legislative assembly will be bicameral. Upper house will be composed of representatives of member states on equal basis, lower house or peoples council will be composed of members chosen by people of member states in proportion their numerical strength. May be noted that representatives of member states in Senate shall also be chosen by electorate of legislative assembly of respective states.
- (5)
- Legislative power shall be vested in federal government and legislative assembly together.
- (6)
- Executive power shall be vested in president and council of ministers. President can do no wrong; ministers are responsible to lower house or peoples council.
(D) Governmental structure of member states.
- (1)
- Governmental structure of member states shall be based on parliamentary cabinet system.
- (2)
- Each member state shall decide for itself whether it shall have bicameral or unicameral legislature.
- (3)
- Member states shall be divided into regions and municipalities which will have self-governments according to principles of democracy.
- (4)
- Village and other adat communities may keep rights of local self-government according to adat law.
(E) Judicial power.
USI constitution must contain safeguards for proper administration justice by independent judicature under federal court of justice. Federal supreme court to insure observance of constitution. Among other things supreme court might be charged with settling disputes between member states and disputes, to be further specified, to which member state is party.
Livengood