scholarly journals The Indonesian Constitutional System in the Post Amendement of the 1945 Constitution

2018 ◽  
Vol 2 (1) ◽  
pp. 45
Author(s):  
Zen Zen Zanibar
Keyword(s):  
Primary State ◽  
The Reformation ◽  
Presidential System ◽  
The Republic ◽  
Constitutional System ◽  
Constitutional Changes

The 1945 Constitution of the Republic of Indonesia was amended for four times between 1999 and 2002) in the reformation era. These constitutional changes have altered the principles and the structure of the Indonesian primary state‟s institutions. Broadly speaking, all of the power branches – i.e. legislative, executive and judiciary organs– are now interrelated horizontally in running the country and none of them is superior to the others. Such constitu-tional system is generally found in countries that employ a presidential system. However, by reviewing the authority hold by the legislatures, it is found that some characteristics of a parlia-mentary system are also applied in Indonesia

Dynamics of Selection of Regional Heads in Indonesia in the Reformation Era

2020 ◽  
Vol 11 (4) ◽  
pp. 1490
Author(s):  
Fifiana WISNAENI
Keyword(s):  
Political Parties ◽  
Central Government ◽  
Positive Impact ◽  
National Development ◽  
The Reformation ◽  
The Republic ◽  
The Government ◽  
Constitutional System ◽  
Regional Elections ◽  
Selection Of

The regional head as the organizer of the government in the region is also an extension of the central government, has a pretty heavy task, therefore in order for the State's goals to be achieved, regional heads must be chosen that are truly credible, qualified and qualified, so that it can bring success to regional development in carrying out government affairs as mandated by the Act, which will ultimately have a positive impact, in the form of support for national development. This research is intended to examine, criticize and analyze which are expected to provide solutions related to the development of the authority to form laws in the constitutional system of the Republic of Indonesia. The formulation of the problem in this study are the dynamics of regional elections in Indonesia in the reformation era and the implications of the dynamics of regional elections in the Indonesian constitutional system. The method of approach used in this study is normative juridical, which is an approach that uses the positivist concept which states that law is identical with written norms created and enacted by authorized institutions or officials. The dynamics of regional head elections in Indonesia in the Reformation era include the conditions for pairs of candidates for regional head elections and the mechanism for regional head elections. Pairs of regional head candidates must be proposed by political parties or a combination of eligible political parties.  

scholarly journals Tinjauan Yuridis Terhadap Alasan Penerbitan Peraturan Pemerintah Pengganti Undang Undang Nomor 1 Tahun 2014 Tentang Pemilihan Kepala Daerah

2020 ◽  
Vol 2 (1) ◽  
pp. 78-86
Author(s):  
Faisal Fahmi Siagian ◽  
Jamilah Jamilah
Keyword(s):  
Government Regulation ◽  
Fundamental Difference ◽  
Regional Autonomy ◽  
Library Research ◽  
The Reformation ◽  
Presidential System ◽  
The Republic ◽  
The Government ◽  
Statutory Regulation ◽  
Collection Methods

Government Regulation in Lieu of Law (Perpu) is one type of statutory regulation that must exist in the legal system of the Republic of Indonesia as one of the logical consequences of adopting a presidential system in the government of the Republic of Indonesia whose existence is always maintained throughout the Indonesian constitution. This type of research is normative juridical research and is descriptive qualitative in nature. Data collection methods are library research and field study. The affirmation of the benchmarks of the establishment of the Government Regulation in lieu of this Act has a fundamental difference regarding the urgency of the law according to the 1945 Constitution prior to the amendment to the 1945 Constitution which is currently in force as the result of the 4th amendment. After the reformation, there have been 2 (two) laws governing regional autonomy, especially with regard to regional head elections, namely Law Number 22 of 1999, which was then replaced by Law Number 32 of 2004. The issuance of Perpu Number 1 of 2014 which is a Amendments to Law No. 32/2004 were first proposed for amendments by the Government in this matter proposed by the Minister of the Interior.

scholarly journals Mekanisme Impeachment Presiden dalam Sistem Ketatanegaraan Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 296-299
Author(s):  
I Gede Ngurah Bayu Krisna ◽  
Gusti Bagus Suryawan ◽  
Wayan Arthanaya
Keyword(s):  
Constitutional Court ◽  
Legal Institution ◽  
Reform Era ◽  
Legal Decisions ◽  
State Institutions ◽  
Government Power ◽  
The Reformation ◽  
Legal Arguments ◽  
The Republic ◽  
Constitutional System

In the course of the Indonesian Constitution, the president has been dismissed four times. This is the cause of the dispute between the two state institutions, namely the Representative Council (DPR) and the President. However, after reformation, the process of dismissing the President had to go through several stages. Based on these problems, this study aims to analyze the impeachment mechanism of the President in the Indonesian constitutional system and to find out the consequences of the Constitutional Court's legal decisions upon the DPR's request. This research uses the normative type by looking at the 1945 Constitution of the Republic of Indonesia concerning impeachment. The data sources used were law and documentation. Then, all data is processed and analyzed with deductive-inductive legal arguments. The results showed that before the reformation, government power was very large and centralized, giving birth to an undemocratic government, and the impeachment process of the President used political rather than juridical reasons. However, after the reform era, the regulation was made clear by the changes to the three 1945 Constitution that gave birth to a new institution, namely the Constitutional Court, automatically the post-reform Impeachment must go through a new legal institution after that a political institution

scholarly journals Elementy prezydencjalizmu w systemie ustrojowym Francji okresu V Republiki

Politeja ◽  
2020 ◽  
Vol 17 (1(64)) ◽  
pp. 37-58
Author(s):  
Łukasz Jakubiak
Keyword(s):  
Executive Branch ◽  
Original Text ◽  
Political Practice ◽  
Fifth Republic ◽  
Parliamentary System ◽  
Presidential System ◽  
Constitutional System ◽  
Constitutional Changes

Elements of Presidentialism in the Constitutional System of France’s Fifth Republic The Fifth French Republic was created as a modified parliamentary system, but due to constitutional changes and tendencies revealed in political practice, the functioning system of government was quite significantly modified. The purpose of this article is to analyze the elements of the presidential system that were introduced in 1958, thus in the original text of the constitution, resulted from its subsequent amendments, or can only be seen in the practice of exercising power in the conditions of the politically homogenous executive branch, i.e. outside of cohabitation periods. The author draws attention to two different ways of defining the term “presidentialism” in the French context (as a formal constitutional structure or as a pro-presidential configuration of the semi-presidentialism of the Fifth Republic), and argues that the regime initiated in 1958 is still based on at least some pillars characterizing the parliamentary model. Hence, its subsequent modifications were only to highlight presidentialism as one of the possible variants of political practice under the Fifth Republic, and not to accept presidentialism as a constitutional system of government.

scholarly journals NOVE KONCEPCIJE DRŽAVNE SUVERENOSTI I ORGANIZACIJE VLASTI U SRPANJSKIM USTAVNIM AMANDMANIMA IZ 1990. - UZ TRIDESETU GODIŠNJICU USTAVA RH

2020 ◽  
Vol 36 (3-4) ◽  
pp. 9-24
Author(s):  
Sanja Barić ◽  
Budislav Vukas
Keyword(s):  
Point Of View ◽  
State Sovereignty ◽  
Constitutional Amendments ◽  
Parliamentary Democracies ◽  
Parliamentary Debates ◽  
Administrative Power ◽  
The Republic ◽  
Constitutional System ◽  
State Organization ◽  
Constitutional Changes

In the year marking three decades since the adoption of the Christmas Constitution, the importance of constitutional amendments promulgated by the Croatian Parliament at the end of July 1990, which together with the February Constitution from the time of the still existing Socialist Parliament form the basic preconditions for initial democratization of the Croatian constitutional system. From a legal-historical and constitutional point of view, the authors consider this issue important for the modern Croatian state. Traditional Croatian historiography analyzes these amendments exclusively in their substantive sense of regulating the new state coat of arms, the flag and abolishing the socialist attributes. Although the amendments are normatively not numerous, their meaning is much broader. At the heart of this analysis lie the issues of a new understanding of state sovereignty and reform interventions in state organization. The authors analyze the relevant provisions through the original records of parliamentary debates. They first point to the basic trends of constitutional changes comprised in the July amendments, referring primarily to the identity level, and then they point to the strengthening of state sovereignty and changes in the direction of developing the features of modern parliamentary democracies. The planned reorganization of the executive -administrative power is especially considered here. At the end, the feed back of the July constitutional amendments and the beginning of work on the new Constitution of the Republic of Croatia are presented.

scholarly journals CONSTITUTIONAL REFORM IN THE REPUBLIC OF KAZAKHSTAN: TRENDS AND PROSPECTS

2017 ◽  
Vol 3 (3) ◽  
pp. 139-152
Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva ◽  
Людмила Андриченко ◽  
Lyudmila Andrichyenko
Keyword(s):  
Organizational Support ◽  
Constitutional Reform ◽  
Public Authorities ◽  
Evolutionary Changes ◽  
Constitutional Reforms ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Constitutional System ◽  
Constitutional Changes

The article is devoted to the analysis of the main results of the constitutional reform implemented in the Republic of Kazakhstan in March 2017. The main stages of the constitutional reform, which testify to a clear organizational support for its conduct, are analyzed. The scale of the constitutional changes in the Republic, which affected the basic institutions of state and society development: the foundations of the constitutional system, the rights and freedoms of man and citizen, citizenship, the system of public authorities and local self-government, including the status of the President of the Republic. At the same time, constitutional reforms not only preserved, but also strengthened such elements of the inviolability of the state as independence, unitarity, territorial integrity and republican form of government. The result of the reform was the democratic modernization of the presidential republic by enhancing the role of Parliament, strengthening the independence of the Government, while at the same time expanding the mechanisms of its accountability and control over Parliament. A significant innovation was the refusal of the President of the Republic in favor of the Parliament from his legislative powers, which makes the Parliament of the Republic of Kazakhstan the only legislative and supreme representative body of the Republic. In addition, there are significant changes in the institution of citizenship, as well as the organization of local government. It is emphasized that the past constitutional changes are of the nature of evolutionary changes; they do not carry any radical measures, but continue the logic of previous constitutional reforms in the country. The constitutional reform carried out in the country is not limited to the constitutional text itself; today it is confirmed by significant changes in the legislation of the Republic of Kazakhstan, including a number of constitutional laws, will affect the level of subordinate regulation, and lead to the formation of new law enforcement practice in the country.

scholarly journals The Presidential System with a Multiparty System is Based on the 1945 Constitution of the Republic of Indonesia

2021 ◽  
Vol 3 (1) ◽  
pp. 1-19
Author(s):  
Nur Afti Aulia ◽  
La Ode Husen ◽  
Agussalim A. Gadjong
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Checks And Balances ◽  
Majority Party ◽  
Analysis Technique ◽  
Study Results ◽  
Presidential System ◽  
Stable Coalition ◽  
The Republic ◽  
Constitutional System

Coalitions of political parties built within the presidential system, especially in Indonesia, are non-binding and permanent. If government policies or programs are not famous or inline, political parties tend to engage in opposition. This study aims to determine the implementation of the presidential system with a multiparty system and efforts to realize a stable and dynamic government based on the Indonesian constitutional system. This research uses a normative approach. Types and sources of legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials. The analysis technique used in this research is the hermeneutic analysis method. The study results concluded that with the implementation of the presidential system with a multiparty system, it is rare for a President to be elected and from the majority party. Furthermore, with the election of a minority President and a majority in Parliament, the President will strengthen his position by forming a coalition. However, building a stable coalition is difficult in a multiparty presidential democracy. In this regard, the institutional engineering agenda that needs to be designed includes simplifying the number of factions in Parliament by tightening the threshold requirements for fraction formation; parliamentary coalition regulations aimed at both political blocs (coalition and opposition); strengthening the institution and authority of the Regional Representative Council to balance the House of Representatives so that checks and balances not only occur between the President and the House of Representatives but also between the House of Representatives and the Regional Representative Council.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

scholarly journals Pancasila sebagai Sumber Hukum dalam Sistem Hukum Nasional

2018 ◽  
Vol 15 (1) ◽  
pp. 21
Author(s):  
Fais Yonas Bo’a
Keyword(s):  
Legal System ◽  
House Of Representatives ◽  
Legal Pluralism ◽  
New Order ◽  
The Reformation ◽  
National Legal System ◽  
The Status ◽  
The Republic ◽  
Binding Power ◽  
Laws And Regulations

Pancasila sebagai sumber segala sumber hukum sudah mendapatkan legitimasi secara yuridis melalui TAP MPR Nomor XX/MPRS/1966 tentang Memorandum DPR-GR Mengenai Sumber Tertib Hukum Republik Indonesia dan Tata Urutan Peraturan Perundang Republik Indonesia. Setelah reformasi, keberadaan Pancasila tersebut kembali dikukuhkan dalam Undang-Undang Nomor 10 Tahun 2004 yang kemudian diganti dengan Undang-Undang Nomor 12 Tahun 2011 tentang Peraturan Perundang-Undangan. Pancasila sebagai sumber segala sumber hukum memberi makna bahwa sistem hukum nasional wajib berlandaskan Pancasila. Akan tetapi, keberadaan Pancasila tersebut semakin tergerus dalam sistem hukum nasional. Hal demikian dilatarbelakangi oleh tiga alasan yaitu: pertama, adanya sikap resistensi terhadap Orde Baru yang memanfaatkan Pancasila demi kelanggengan kekuasaan yang bersifat otoriter. Kedua, menguatnya pluralisme hukum yang mengakibatkan terjadinya kontradiksi-kontradiksi atau disharmonisasi hukum. Ketiga, status Pancasila tersebut hanya dijadikan simbol dalam hukum. Untuk itu, perlu dilakukan upaya-upaya untuk menerapkan Pancasila sebagai sumber segala sumber hukum dalam sistem hukum nasional yaitu: pertama, menjadikan Pancasila sebagai suatu aliran hukum agar tidak terjadi lagi disharmonisasi hukum akibat diterapkannya pluralisme hukum. Kedua, mendudukkan Pancasila sebagai puncak peraturan perundang-undangan agar Pancasila memiliki daya mengikat terhadap segala jenis peraturan perundang-undangan sehingga tidak melanggar asas lex superiori derogat legi inferiori.Pancasila as the source of all sources of law has obtained legitimacy legally through the Decree of the People’s Consultative Assembly Number XX / MPRS / 1966 on the Memorandum of the House of Representatives-Gotong Royong Regarding the Sources of Law and the Order of the Republic of Indonesia. After the reformation, the existence of Pancasila was re-confirmed in Law Number 10 Year 2004 which was subsequently replaced by Law Number 12 Year 2011 on Legislation Regulation. Pancasila as the source of all sources of law gives meaning that the national legal system must be based on Pancasila. However, now the existence of Pancasila is increasingly eroded in the national legal system. This is motivated by three reasons: first, the existence of resistance to the New Order that utilizes Pancasila for the sake of perpetuity of authoritarian power. Second, the strengthening of legal pluralism that resulted in legal contradictions or disharmony. Third, the status of Pancasila is only used as a symbol in law. Therefore, efforts should be made to implement Pancasila as the source of all sources of law in the national legal system: first, make Pancasila as a flow of law in order to avoid legal disharmonization due to the application of legal pluralism. Secondly, Pretend Pancasila as the top of legislation so that Pancasila have binding power against all kinds of laws and regulations so that it does not violate the principle of lex superiori derogat legi inferiori.

Sign in / Sign up

Export Citation Format

Share Document