The Existence of People's Consultative Assembly in Indonesian State System in the Pancasila Democracy Perspective

2020 ◽  
Vol 9 (3) ◽  
pp. 947
Author(s):  
Marzuki MARZUKI ◽  
Roswita SITOMPUL
Keyword(s):  
Decision Making ◽  
Liberal Democracy ◽  
State Institution ◽  
State System ◽  
Popular Sovereignty ◽  
State Institutions ◽  
The People ◽  
State Administration ◽  
The Republic ◽  
Comprehensive Study

The sovereignty of the people is one of the principles of Indonesian state administration, contained in the Preamble and Articles in the 1945 Constitution of the Republic of Indonesia, implemented through the People's Consultative Assembly (MPR). But after the Amendment to the 1945 Constitution, the position of the MPR in the Proclamation Constitution has been placed as the highest state institution and the holder of popular sovereignty, and today based on the institutional structure of the state, the People’s Consultative Assembly (MPR) has been degraded becoming an equal institution with other State institutions. Such implications, which are certainly seen from a constitutional perspective, have injured Pancasila democracy, which is based on deliberation and consensus, resulting in no more oversight mechanisms that can be carried out against various state institutions, including the President, and this in turn has led to liberal democracy based on individualism. Therefore, a comprehensive study is needed to reinstate the MPR as the highest state institution and holder of popular sovereignty in the format of State institutions in Indonesia as a representation of all Indonesian people based on deliberation and consensus in every decision making.  

scholarly journals THE AUTHORITY OF PEOPLE’S CONSULTATIVE ASSEMBLY BY SUBSQUENT OF THE AMENDMENT OF THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

2017 ◽  
Vol 6 (3) ◽  
pp. 681
Author(s):  
Sanidjar Pebrihariati R
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Problem Formulation ◽  
The State ◽  
Popular Sovereignty ◽  
Constitutional Democracy ◽  
State Institutions ◽  
The People ◽  
State Administration ◽  
The Republic

<p>People’s Consultative Assemly (hereinafter reffered to <em>MPR</em>) membership consisting of members of the House of Representative (hereinafter reffered to <em>DPR</em><em>)</em> and Regional Representative Council (hereinafter reffered to <em>DPD</em><em>)</em> members indicates that the <em>MPR</em> is still viewed as a representative body of the people because of its membership elected in the general election. The change of position of the People's Consultative Assembly (<em>MPR</em>), then the understanding of the form of popular sovereignty is reflected in three branches of power, namely the representative institution, the President, and the holder of the judicial power. Problem formulation discussed are: 1) How is the position of the People's Consultative Assembly as the implementer of people's sovereignty in Indonesia before the amendment of the 1945 Constitution? 2) How the position of MPR members coming from the <em>DPD</em> after the Amendment of the 1945 Constitution of the Republic of Indonesia. The research method used in this research is Normative Law research method, which uses secondary data. The discussion in this research: 1) the MPR as the executor of the sovereignty of the People in Indonesia, prior to the 1945 amendment, we see in the provisions On Article 1 paragraph (2) of the 1945 Constitution stipulates that: "Sovereignty is in the hands of the people, and carried out according to the law basic". In the above article it contains three meanings, namely: a). The sovereignty of the people is implemented by all state institutions established in the Constitution, b). The sovereignty of the people must be subject to the constitution, c) constitutional supremacy. People's sovereignty is limited by the rules of the Constitution and constitutional democracy. 2) Position of MPR members originating from DPD after the Amendment of the 1945 Constitution of the Republic of Indonesia. After the fourth amendment of the 1945 Constitution, (hereinafter referred to as the 1945 Constitution of the Republic of Indonesia), there is a fairly fundamental change in both the state administration system and the state institutions in Indonesia .</p>

scholarly journals OMBUDSMAN: STUDI PERBANDINGAN HUKUM ANTARA INDONESIA DENGAN DENMARK

2020 ◽  
Vol 16 (1) ◽  
pp. 1-12
Author(s):  
Sultoni Fikri ◽  
Syofyan Hadi
Keyword(s):  
Analytical Method ◽  
Public Services ◽  
Good Governance ◽  
Legal Protection ◽  
State Institution ◽  
Comparison Method ◽  
The State ◽  
State System ◽  
State Institutions ◽  
The Republic

The Ombudsman as a state institution has the duty to oversee the administration of the state, particularly in public services in order to realize good governance. Therefore the institution is demanded to be independent and impartial to other state institutions. In addition, the presence of the Ombudsman becomes a manifestation of legal protection for the community in the event of maladmnistration conducted by the apparatus/state officials in using their authority. The birth of the Ombudsman is inseparable from history in Scandinavian countries, including in Denmark. The Danish Ombudsman, known as the Folketingets Ombudsmand, has become one of the most important institutions in the state system there. While in Indonesia, its position has received less attention. This difference makes the writer interested to compare it. The approach used in this paper uses a micro-type body of norm approach, which is a legal comparison that uses the Act as the basis for comparison, which is used is Act Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia compared to the Danish Ombudsman Act. Whereas the legal comparison method uses analytical method. The result of this research is to reconstruct the law in Law Number 37 Year 2008 concerning the Ombudsman of the Republic of Indonesia by adopting from what is in the Danish Ombudsman Act. the hope is that the existence of ORI is so respected and recommendations from ORI are not merely morally binding but are legally binding.Ombudsman sebagai lembaga negara yang memiliki tugas untuk mengawasi dari penyelenggaraan negara, khususnya pada pelayanan publik agar terwujudnya good governence. Oleh karena itu lembaga tersebut dituntut untuk bersifat independen dan tidak memihak kepada lembaga negara lainnya. Selain itu hadirnya Ombudsman menjadi suatu perwujudan perlindungan hukum bagi masyarakat apabila terjadi maladmnistrasi yang dilakukan oleh aparatur/pejabat negara dalam menggunakan kewenangannya. Lahirnya Ombudsman tidak lepas dari sejarah di negara Skandinavia, termasuk di Denmark. Kedudukan Ombudsman Denmark atau dikenal sebagai Folketingets Ombudsmand, lembaga tersebut menjadi salah satu lembaga penting dalam sistem ketatanegaraan disana. Sedangkan di Indonesia keududukannya kurang mendapat perhatian. Perbedaan inilah yang membuat penulis tertarik untuk membandingkannya. Pendekatan yang digunakan dalam penulisan ini menggunakan pendekatan mikro jenis bodies of norm, yaitu perbandingan hukum yang menggunakan Undang-Undang sebagai dasar untuk melakukan perbandingan, yang dipakai adalah Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia dibandingkan dengan The Ombudsman Act Denmark. Sedangkan untuk metode perbandingan hukum menggunakan analytical method. Hasil dari penelitian ini adalah untuk dilakukan rekonstruksi hukum pada Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia dengan mengadopsi dari apa yang ada di The Ombudsman Act Denmark. harapannya adalah eksistensi ORI begitu disegani dan rekomendasi dari ORI tidak sekadar mengikat secara moral melainkan mengikat secara hukum.

scholarly journals MPR DALAM SISTEM KETATANEGARAAN INDONESIA (STUDI KOMPARATIF ANTARA SEBELUM DAN SESUDAH PERUBAHAN UUD 1945)

2021 ◽  
Vol 16 (1) ◽  
pp. 91
Author(s):  
I Wayan Eka Santika ◽  
I Gede Sujana
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
State Institutions ◽  
Library Research ◽  
The People ◽  
State Administration ◽  
Before And After ◽  
Election System ◽  
Constitutional System

<p><em>The purpose of this research was to determine the People's Consultative Assembly in the Indonesian constitutional system. This research was a type of library research which is descriptive analytic through a qualitative approach that is based on comparative studies. The results of this research indicated that there are fundamental differences between the People's Consultative Assembly before and after the amendment to the 1945 Constitution. The differences included (1) the change in the position of the People's Consultative Assembly from the highest state institution to a state institution that is equal to other state institutions, (2) changes in the membership structure of the People's Consultative Assembly from those previously consisted of House of Representatives, Group Envoys and Regional Representatives, then became members of the House of Representatives and Regional Representative Board members, (3) the policy to appoint People's Consultative Assembly members was replaced by an election system, (4) the People's Consultative Assembly no longer stipulates the Broad Outlines of the Nation's Direction along with filling the position of President through participation the people directly in the election, (5) limitation of the People's Consultative Assembly's authority in amending the 1945 Constitution, (6) the inauguration of the President and / or Vice President in normal and abnormal conditions, (8) the authority of the People's Consultative Assembly to dismiss the President and / or Vice President must be through a forum previlegiatum.</em></p><p><strong>Keywords</strong>: <em>People's Consultative Assembly, State Administration, Amendment to the 1945 Constitution.</em></p>

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

PENGUATAN KEDUDUKAN DAN KEWENANGAN KONSTITUSIONAL DPD RI DALAM PERSPEKTIF UUD NEGARA RI TAHUN 1945

Veritas ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 99-115
Author(s):  
Damrah Mamang
Keyword(s):  
Stages Of Change ◽  
State Institution ◽  
Constitutional Amendment ◽  
Political Decision ◽  
Reform Era ◽  
Decision Authority ◽  
The People ◽  
The Future ◽  
The Republic ◽  
The Relationship

The dynamics in the system and structure of the Indonesian constitution began in the reform era so quickly developed. All can run properly and correctly because it was initiated by reforming the constitution through an amendment or constitutional amendment mechanism (the 1945 Constitution) in four stages of change (1999 - 2002). One of the essence of the amendment, gave birth to the Regional Representative Council (DPD RI) as a state institution with its constitutionality can be found explicitly in Chapter VIIA Article 22 C Paragraph 1 - Paragraph 4 and Article 22 D Paragraph 1 - Paragraph 4. And UUNO. 17 of 2014 Jo UUNo.2 of 2018 concerning the MPR, DPR, DPD, DPRD. As a new post-amendment state institution, the DPD is designed as a strong bicameral second chamber of our parliament which was originally only unicameral, namely the DPR RI as a state institution and a representative institution of the people. But one of the characteristics of bicameral is if both parliamentary chambers carry out the legislative function as they should. However, if examined carefully until now based on the substitution of article 22 C and Article 22D of the 1945 Constitution of the Republic of Indonesia in 1945 the authority and authority of the DPD is still very limited. So that as an organic law does not give much space for the implementation of authority to the DPD in carrying out its main duties and functions, especially the legislative function like the DPR. For this reason, in order to strengthen and empower the future, the DPD's consistency and authority need to get priority place in the context of the subsequent amendments to the 1945 Constitution of the Republic of Indonesia as the Holder of strategic and fundamental national political decision authority. Everything is inseparable from the problems in the DPD now is a matter of the authority granted by the constitution to him, especially in the context of the legislative function to make laws. Its existence is expected to bridge the relationship between the center and the regions, in a two-chamber parliamentary frame which has strong bicameralism authority.  

scholarly journals IMPROVING THE AUTHORITY OF THE REGIONAL REPRESENTATIVE COUNCILS IN THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

2020 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Dadang Gandhi
Keyword(s):  
Natural Resources ◽  
Central Government ◽  
State Institution ◽  
Economic Resources ◽  
Regional Government ◽  
High State ◽  
Regional Autonomy ◽  
Second Amendment ◽  
State Administration ◽  
The Republic

The existence of the Regional Representative Council (DPD) which is regulated in Article 22D of the 1945 Constitution of the Republic of Indonesia (UUDNRI of 1945) with the authority of the DPD as regulated in Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014 Regarding the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3), in particular Article 249 Paragraph (1) letter e. Article 22D of the 1945 Constitution places the position of the DPD as an institution that has the authority to submit a Bill relating to regional autonomy, central and regional relations, the formation and expansion of regions and the merger of regions, management of natural resources and other economic resources as well as related also by placing the DPD position to monitor and evaluate the Draft District / City Regional Regulations and Regency / City Regional Regulations according to Law Number 2 of 2018 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council (DPR) ( MD3). This authority will cause problems especially those regulated in Law Number 2 of 2018 concerning MD3, because the Regency / City Regional People's Representative Council and the Governor as representatives of the central government do the same thing as is done by the DPD as regulated in Law Number 23 2014 concerning Regional Government, particularly in the provisions of Article 149 Paragraph (1) and Article 153 Paragraph (1). While the form of coordination that will be carried out by the DPD and the Regional Government has yet to exist, in addition to the DPD's position as a high state institution will cause problems when coordinating with the Regency / City DPRD as an element of the regional government.Keywords: The telescope, Position, DPD, State Administration, Republic of Indonesia

scholarly journals The Principle of Constituency of Peoples: An Obstacle to the Achievement of Popular Sovereignty in Bosnia and Herzegovina?

2021 ◽  
Vol 6 (3(16)) ◽  
pp. 323-350
Author(s):  
Dženeta Omerdić
Keyword(s):  
Decision Making ◽  
Bosnia And Herzegovina ◽  
State Government ◽  
State Level ◽  
Popular Sovereignty ◽  
Decision Making Process ◽  
The People ◽  
Democratic Authority ◽  
The Subject ◽  
Dayton Agreement

Before the socio-political communities are posted, a very demanding task of defining the subject on whose name will behalf political power is implemented over a given state territory. However, the question about the subject of sovereignty should in no case be misunderstood as an issue of simply theoretical approach. The level of a state’s democracy, as well as its ability to realize internal and external sovereignty, depends entirely on fact: does the power belong to the People and whether it derives from the People. In other words, the issue of popular sovereignty is a substantial, constitutive element of modern democratic states. When we speak about contemporary Bosnia and Herzegovina, the functionality of the entire state government is often hindered by the complex decision-making processes at all state levels which lead to obstruction of the entire decision-making process. Such a dysfunctional decision-making process on the state level poses a threat and disables the Bosnian plural society to respond to the modern challenges of a democratic functioning state. The legal nature of Bosnian society is determined by the existence of constituent people who have “usurped” the entire decision-making process. There is still no end in sight to the struggle that leads to an oligarchy of the ruling elites; furthermore, there is still no appropriate socio-political mechanism that will enhance the accountability of the representatives to their voters; it is still inconceivable that decisions of state authorities are effectively and consistently implemented throughout the national territory. In other words, there is still no appropriate mechanism that will enhance the principle of popular sovereignty. It is necessary to “offer” Bosnia and Herzegovina’s pluralism and its political tradition a form of democratic authority which in no way should be a cliché. Furthermore, it may not be one of the “copy-paste” models of democratic authority. Currently, citizens of B&H are completely suspended (de facto, there are only citizens of entities). In the Federation of Bosnia and Herzegovina Serbs are suspended, while in the Republika Srpska, Bosniacs and Croats cannot equally participate in the decision-making process. An unfinished process of implementation of the Dayton Agreement and, in particular, Annex 4 (the Constitution of B&H), whose provisions permit discrimination against the citizens of Bosnia and Herzegovina (the impossibility of the realization of the principle of equality in the exercise of universal suffrage), as well as the non-application of the Decision of the European Court of Human Rights contributes and is conducive to further segmentation of Bosnian society.

scholarly journals Kajian Yuridis Tentang Kesadaran Warga Negara Untuk Menggunakan Hak Pilih Dalam Melaksanakan Demokrasi Pada Pemilihan Kepala Daerah

2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah
Keyword(s):  
Secondary Data ◽  
Voting Rights ◽  
State Institutions ◽  
Leadership Management ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Regional Leaders

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.

scholarly journals Peran Dan Kedudukan Ombusman Sebagai Lembaga Perlindungan Rakyat Dalam Mewujudkan Asas-Asas Umum Pemerintahan Yang Baik

2018 ◽  
Vol 14 (2) ◽  
pp. 36-43
Author(s):  
Cholidah Utama
Keyword(s):  
State Institution ◽  
The State ◽  
Government Agencies ◽  
State Institutions ◽  
State Administration

The inclusion of the Ombudsman in the Amendment to the 1945 Constitution will place the existence of the Ombudsman's recommendations philosophically (as well as politically) with high value. So that even though it is not legally binding, it is still obeyed by the State Administration. The position of the Ombudsman is a state institution that is independent and does not have an organic relationship with state institutions and other government agencies, and in carrying out its duties and authority free from interference from other powers.

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