The Making of (Anti-)Colonial Constitution: The Indonesian 1945 Constitution

Abstract

The 1945 Constitution was enacted on 18 August 1945 – one day after Indonesia declared independence. So far, it is the longest-serving and the most resilient constitution in Indonesia. Many Indonesians regard the 1945 Constitution not only as the supreme law of the land but also as a symbol of the manifestation of Indonesia’s struggle for independence from colonialism.  The document is often hailed as having prominent anti-colonial characteristics, especially against the colonialism carried out by Western countries towards Asian nations.  The anti-colonial nature of this Constitution refers back to the process of its formation. Soekarno – one of its drafters and, later, Indonesia’s first president –firmly believed that the Constitution should not abide by Western Liberal Philosophy because it prioritises individual rights. Soekarno claimed that such a principle would encourage the emergence of economic liberalism – a notion that triggered many Western countries to colonise Asian people. The belief that the 1945 Constitution has a solid anti-colonial character seems deeply rooted in most Indonesians’ minds, including its scholars. However, by focusing on the process of its formation, I will argue that the Constitution still embodies a powerful colonial influence. Regardless, I will also explain in this chapter why despite its strong colonial influence, the 1945 Constitution can still symbolise a strong anti-colonial character and obtaining a sacred status in the eyes of many Indonesian people.

Keywords: Constitution-Making, Anti-Colonialism, Constitution, Western Liberalism