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>

scholarly journals Juridical review of the authority of the Indonesian consultative assembly after the amendments to the 1945 constitution

2020 ◽  
Vol 5 (1) ◽  
pp. 34-44
Author(s):  
Yudin Yunus
Keyword(s):  
Legal History ◽  
Research Method ◽  
State Institution ◽  
Vice President ◽  
The State ◽  
Historical Approach ◽  
State Institutions ◽  
The People ◽  
Before And After ◽  
The Status

This research discusses the Juridical Review of the Authority of the Indonesian Consultative Assembly after the 1945 Constitution Amendment . The results of the study describe the applicable provisions with the facts that occur in the community regarding the authority of the People's Consultative Assembly after the amendment of Law D1945 which is very minimal as a major State institution compared to other State institutions . The research method used in this research is normative research method. The statutory approach and the historical approach are approaches using legislation and regulations . And the historical approach is to refer to historical principles the law on the authority of the MPR prior to the amendments to the 1945 Constitution . These principles can be found in scholarly views or legal doctrines . This study aims to analyze the authority of the people's deliberative assembly before and after the amendment of the 1945 Constitution , based on the prevailing laws and legal history , namely by providing clarity on the status of the State MPR institution which is still maintained by the State as the main State institution which only has 3 post authorities. amendment e 4 In Article 3 of the Constitution, namely: 1 Amending and stipulating the Constitution , 2. Inaugurating the President and / or Vice President 3. Dismissing the President and / or Vice President during their term of office according to the Constitution . Based on the results of the research, it is concluded that the authority of the People 's Consultative Assembly after the Amendment of the 1945 Constitution is very minimal, namely only 3 powers not to mention that all of these 3 powers are only ceremonial

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 PERAN KOMISI YUDISIAL DALAM SISTEM KETATANEGARAAN INDONESIA

2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Ujang Bahar
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
State Institution ◽  
Independent State ◽  
State Institutions ◽  
The Supreme Court ◽  
State Audit ◽  
Judicial Authority ◽  
Constitutional System ◽  
Selection Of

The Judicial Commission (JC) is a new independent state institution established as a product of the reform in the constitutional system and its existence is confirmed in the 1945 Constitution. The Judicial Commission was established following the idea of a one-roof system in the judicial authority. Among the roles and authority of the Judicial Commission are to propose appointment of the Supreme Court justices to the House of Representatives (DPR) and to supervise the conducts of justices/judges in order to maintain their respect, dignity and honor and good conduct.  However, in the performance of its duties, the Judicial Commission is not yet as independent as it has been expected. It can be seen from its limited authority. In supervising the conduct of the judges/justices, the Commission is not authorized to impose any sanctions and in the process of selection of candidates for the Supreme Court justices, its authority is limited only at the ratio 3:1. Therefore, the existence of the Commission under the 1945 Constitution becomes unclear, since it is placed under the chapter of the judicial authority, but in reality it does not exercise its judicial authority and only functions as a supervisory agency like the State Audit Board (BPK) instead. Consequently, the Commission only serves as the supporting institution to the Supreme Court, President and the House of Representatives. In order that the Commission becomes truly independent as an institution which supervises the implementation of the judicial power sitting at an equal level with other state institutions, it is necessary to strengthen the institution by making amendments (to re-determine the position of the Judicial Commission) in the 1945 Constitution and other relevant laws and regulations.

scholarly journals Impeachment in The State System

2018 ◽  
Vol 1 (1) ◽  
pp. 46
Author(s):  
Nurwita Ismail
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Legal Process ◽  
Administration System ◽  
Procedural Law ◽  
Head Of State ◽  
State Administration ◽  
Broad Interpretation ◽  
Constitutional System

Impeachment In Constitutional System. This paper aims: To know and analyze how the impeachment arrangements in the Indonesian state administration system; To know and analyze how the legal process in impeachment mechanism before amendment and after an amendment of 1945 Constitution; by using Normative Method The study conducted in this research is the literature. Impeachment of the President and Vice President of his / her position is not new in the Indonesian state administration system. Both before the amendment and after the amendment of the 1945 Constitution. The 1945 Constitution of the amendment result has specified the provisions concerning the Impeachment of the President and Vice President as head of state. However, the mechanism of the impeachment process is determined in a constitutionally eliminative manner even though these reasons have a very broad interpretation and may be subjective, especially in a political institution of the DPR, by which there are several things to be considered in the impeachment process in Indonesia, such as the impeachment process in the House of Representatives Regional and process of Impeachment in the Constitutional Court. There is a need for the provision of legal products or the making of procedural law which regulates the impeachment of the President and Vice President.

scholarly journals ASAS KEPASTIAN HUKUM DALAM IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI BERBENTUK PERATURAN LEMBAGA NEGARA DAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG

2020 ◽  
Vol 16 (1) ◽  
pp. 88-100
Author(s):  
Samudra Putra Indratanto ◽  
Nurainun Nurainun ◽  
Kristoforus Laga Kleden
Keyword(s):  
House Of Representatives ◽  
Research Method ◽  
Constitutional Court ◽  
Court Decisions ◽  
Direct Impact ◽  
Legal Certainty ◽  
Philosophical Approach ◽  
State Institutions ◽  
The People ◽  
Constitutional System

The implementation of Constitutional Court Decisions often creates polemics in the Indonesian Constitutional System, especially those relating to the Implementation of Constitutional Court Decisions related to Ministries / Institutions where in implementing Constitutional Court Decisions can only be done through legal products issued internally by ministries / institutions related and often overlaps with legislation that has not been amended. This is caused by the relevant Ministries / Institutions not having the authority to make changes to the Law in which the authority is owned by the President as the executive and the House of Representatives as the legislative. While the Court's Decision The constitution often has a direct impact and can bring great changes to the people in obtaining justice. This type of research is used Normative Juridical Research Method, namely by examining library materials. This study uses a philosophical approach because the object of the study examines the principle of legal certainty in the implementation of the Constitutional Court's decision through the regulation of state institutions and Perppu. In addition, the legislative approach is also used to find out the reasons for the Constitutional Court's decisions that often overlap in implementation.Implementasi Putusan Mahkamah Konstitusi seringkali menimbulkan polemik dalam Sistem Ketatanegaraan Indonesia,terutama yang berkaitan dengan Pelaksanaan Putusan Mahkamah Konstitusi yang terkait dengan Kementerian/Lembaga yang di mana dalam melaksanakan Putusan Mahkamah Konstitusi hanya dapat dilakukan melalui produk-produk hukum yang dikeluarkan secara internal oleh kementerian/lembaga terkait dan seringkali mengalami tumpang tindih dengan  Peraturan Perundang-undangan yang belum mengalami perubahan.Hal ini disebakan Kementerian/Lembaga terkait tidak mempunyai kewenangan dalam melakukan perubahan  Undang-undang yang di mana kewenangan tersebut dimiliki oleh Presiden sebagai eksekutif  dan  DPR selaku legislatif.Sedangkan Putusan Mahkamah Konstitusi seringkali berdampak langsung dan dapat membawa perubahan besar bagi rakyat dalam memperoleh keadilan. Jenis Penelitian yang digunakan Metode Penelitian Yuridis Normatif,  yaitu dengan meneliti  bahan  kepustakaan.  Penelitian  ini  menggunakan  pendekatan  filosofis karena  objek  penelitian  mengkaji  asas kepastian hukum dalam implementasi putusan MK melalui peraturan lembaga negara dan perppu.  Di  samping  itu,  juga  digunakan pendekatan perundang-undangan untuk mengetahui alasan putusan MK seringkali mengalami tumpang tindih dalam implementasi.

scholarly journals ANALISIS PERUBAHAN STRUKTUR LEMBAGA NEGARA DAN SISTIM PENYELENGGARAAN KEKUASAAN NEGARA REPUBLIK INDONESIA BERDASARKAN UNDANG-UNDANG DASAR 1945 SEBELUM DAN SESUDAH AMANDEMEN

GANEC SWARA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 258
Author(s):  
H. ISMAIL MZ
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
Vice President ◽  
Advisory Council ◽  
New Order ◽  
Constitutional Court ◽  
State Institutions ◽  
Constitutional System ◽  
Representative System ◽  
High Level

   The amendment to the 1945 Constitution after the 1998 reform is based on the experience of the practice of state administration by the old and new order governments which are often referred to as authoritarian government systems, both overt and covert. The 1945 Constitution indeed gives enormous power to the President, both Sukarno and Suharto. Weaknesses contained in the 1945 Constitution that triggers the birth of the demands of the reformists to make amendments to the 1945 Constitution, especially concerning the power and term of office of the President. It is important to realize that after the 1945 Constitution is amended, it has very basic implications for the structure of the Republic of Indonesia. Before the amendment to the 1945 Constitution the existing state institutions are the People's Consultative Assembly, the President, the People's Representative Council, the Supreme Consultative Council, the Supreme Audit Board and the Supreme Court, whose titles are divided into two, namely the highest state institutions which are embedded in the People's Consultative Assembly, and the other is a high-level state institution.   After changes or amendments to the 1945 Constitution from 1999 to 2002 have implications for changes in the structure of existing state institutions and the number becomes more than before the change. The state institutions after the change are explicitly mentioned in the nomenclature such as: the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, the Regional People's Representative Council, the President and Vice President, the Minister (Specially the Minister of the Interior, the Minister of Foreign Affairs and the Minister of Defense ) Governor, Regent, Mayor, Indonesian National Army, Republic of Indonesia National Police, Supreme Court, Constitutional Court, Judicial Commission and Supreme Audit Board. While there are other state institutions whose nomenclature is not mentioned explicitly namely; Advisory Council, Election Commission and Central Bank. As a consequence of the amendment to the 1945 Constitution, the constitutional system adopted has also changed. If before the change to the constitutional system adopted is the cameral union representative system, but after the change into the bicameral system, some even called it tri kameral

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 Authority of General Election Commission for the Electoral Constitutional Rights

2019 ◽  
Vol 6 (6) ◽  
pp. 97
Author(s):  
Nasruddin Nasruddin ◽  
Galang Asmara ◽  
RR. Cahyowati
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
General Election ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The People ◽  
Election Process ◽  
Legal Concepts ◽  
Election Commission

Indonesia is a country that adopts a democratic system that puts sovereignty in the hands of the people. As a manifestation of people's sovereignty, there is a direct election process, in which the people can determine their choices in electing the House of Representatives, the Regional Representative Council, the Regional People's Representative Council, the President and Vice President, the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor. The purpose of the study was to analyze the discretionary authority of the National Election Commission as a state institution. Research methods, this type of research is normative research, using a statutory approach, and conceptual. Sources of legal materials use primary, secondary and tertiary legal materials. After the legal materials are collected and identified, the analysis of legal materials is carried out using analytical prescrisive methods, namely studying the purpose of the law, the values of justice, the validity of the rule of law, legal concepts, and legal norms. In conclusion, the General Election Commission is a supporting state institution or an auxiliary institution or an independent institution that is of a national, permanent and independent nature which holds elections in Indonesia. The General Election Commission in safeguarding the constitutional rights of voters has the authority to make discretionary decisions on issues if the laws and regulations do not regulate, are incomplete or unclear so that it causes stagnation at some stages, especially in the preparation and determination of the Voter List in the Data Upgrading Stages.

scholarly journals VICE PRESIDENT'S POWER AND ROLE IN INDONESIAN GOVERNMENT POST AMENDMENT 1945 CONSTITUTION

2020 ◽  
Vol 1 (2) ◽  
pp. 61-78
Author(s):  
Roziqin Roziqin
Keyword(s):  
Research Method ◽  
Qualitative Data ◽  
Secondary Data ◽  
Vice President ◽  
Analytical Form ◽  
Library Research ◽  
The People ◽  
Role Sharing ◽  
Constitutional System ◽  
Data Analysis Methods

Politicians are fighting over the position of Vice President. However, after becoming Vice President, they could not be active. The Vice President's role is only as a spare tire. Usually, he would only perform ceremonial acts. The exception was different when the Vice President was Mohammad Hata and Muhammad Jusuf Kalla. Therefore, this paper will question: What is the position of the President in the constitutional system? What is the position of the Vice President of Indonesia after the amendment of the 1945 Constitution? Furthermore, how is the role sharing between the President and Vice President of Indonesia? This research uses the library research method, using secondary data. This study uses qualitative data analysis methods in a prescriptive-analytical form. From the research, the writer found that the President is assisted by the Vice President and ministers in carrying out his duties. The President and the Vice President work in a team of a presidential institution. From time to time, the Indonesian Vice President's position has always been the same to assist the President. The Vice President will replace the President if the President is permanently unavailable or temporarily absent. With the Vice President's position who is directly elected by the people in a pair with the President, he/she is a partner, not subordinate to the President. Moreover, due to his/her capacity and support from his/her team, the Vice President must be empowered to benefit the nation and state.

scholarly journals Kajian Yuridis Hak Angket Dewan Perwakilan Rakyat Terhadap Komisi Pemberantasan Korupsi (Dikaji dari Perspektif Hukum Tata Negara)

Acta Comitas ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 142
Author(s):  
I Gusti Ngurah Adityanatha
Keyword(s):  
House Of Representatives ◽  
Attorney General ◽  
Scientific Research ◽  
Vice President ◽  
Independent State ◽  
State Commission ◽  
State Administration ◽  
Constitutional System ◽  
The Right ◽  
National Police

The House of Representatives as a legislative commission has the privilege of being a right of inquiry in order to run a system of government that is check and balances. With regard to the right of inquiry The House of Representatives to The Corruption Eradication Commission, it is feared to be used as a means to influence and interfere with The Corruption Eradication Commission, even weaken the role of The Corruption Eradication Commission as an independent institution free from any influence of power. Regarding the formulation of the problem in this scientific research is, how the position of The Corruption Eradication Commission in the constitutional system in Indonesia as an independent institution? and whether The House of Representatives may use the right of inquiry to The Corruption Eradication Commission? The type of research used in this scientific research is normative legal research. The Corruption Eradication Commission is an independent state commission in Indonesia that is outside the realm of the three original powers of executive, legislative, and judicial (trias potilica) in the state administration system in Indonesia, so that The Corruption Eradication Commission can not be subject to the right of inquiry by The House of Representatives. It is also reinforced by the subject of a limited questionnaire on the implementation of a law and / or government policy carried out solely by The President, Vice President, State Minister, Commander of the Indonesian National Army, the Chief of the Indonesian National Police, the Attorney General, or the non-ministerial government agencies. Dewan Perwakilan Rakyat sebagai lembaga legislatif memiliki hak istimewa yakni hak angket dalam rangka menjalankan sistem pemerintahan yang bersifat check and balances. Terkait dengan hak angket terhadap Komisi Pemberantasan Korupsi oleh Dewan Perwakilan Rakyat, dikhawatirkan digunakan sebagai sarana untuk mempengaruhi dan mengintervensi Komisi Pemberantasan Korupsi, bahkan dapat melemahkan peran Komisi Pemberantasan Korupsi sebagai lembaga independen dan bebas dari pengaruh kekuasaan manapun. Mengenai rumusan masalah dalam karya ilmiah ini yaitu, bagaimanakah kedudukan Komisi Pemberantasan Korupsi dalam sistem ketatanegaraan di Indonesia sebagai lembaga independen? dan apakah Dewan Perwakilan Rakyat dapat menggunakan hak angket terhadap Komisi Pemberantasan Korupsi? Jenis penelitian yang digunakan pada karya ilmiah ini adalah penelitian hukum normatif. Komisi Pemberantasan Korupsi merupakan komisi negara independen di Indonesia yang berada di luar ranah tiga poros kekuasaan asli yaitu eksekutif, legislatif, dan yudisial (trias potilica) dalam sistem ketatanegaraan di Indonesia, sehingga Komisi Pemberantasan Korupsi tidak dapat dijadikan subjek dari hak angket oleh Dewan Perwakilan Rakyat. Hal tersebut juga diperkuat dengan subjek dari hak angket yang terbatas pada pelaksanaan suatu undang-undang dan/atau kebijakan pemerintah yang dilaksanakan sendiri oleh Presiden, Wakil Presiden, Menteri Negara, Panglima Tentara Nasional Indonesia, Kepala Kepolisian Negara Republik Indonesia, Jaksa Agung, atau pimpinan lembaga pemerintah non-kementerian.

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