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

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

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

VYAVAHARA DUTA ◽

10.25078/vd.v16i1.1940 ◽

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

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.Keywords: People's Consultative Assembly, State Administration, Amendment to the 1945 Constitution.

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

Jurnal Yuridis ◽

10.35586/.v5i1.320 ◽

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.

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PENGARUH PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILIHAN UMUM TERHADAP HASIL PEMILIHAN GUBERNUR LAMPUNG 2014

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v10no4.859 ◽

2017 ◽

Vol 10 (4) ◽

pp. 777

Author(s):

Aryo Fadlian

Keyword(s):

Research Method ◽

Code Of Ethics ◽

Supervisory Board ◽

Implementation Process ◽

Secondary Data ◽

State Institution ◽

The State ◽

State Institutions ◽

Gubernatorial Election ◽

Ethics Council

AbstractThe implementation process of the election of Governor of Lampung in 2014was still a lot of controversy with the process so complicated that ultimatelyresulted elected leaders, after the long process, sprang DKPP decisionrelating to the election of the Governor of Lampung in 2014. The verdict ofDKPP generates convicted and fired Lampung Provincial ElectionSupervisory Board The purpose of this research was to determine andanalyze the strength of decision DKPP Lampung gubernatorial election in2014. In this study the authors discussed the use of theory and concepts;theory of legislation, the concept of the State institutions, the concept of anindependent State institution using normative juridical research method, i.e.obtaining secondary data obtained from the study of literature, books, andlegislation. Results of research and discussion show that many violations inthe elections in 2014 that resulted in the governor of Lampung in 2014resulted in the termination of the Election Supervisory Board membersLampung province because it violates the code of ethics. Strength HonorCouncil Election decision final and binding give lessons to the electionorganizer Lampung Province.Keywords: Verdict Strength, Election Organizer Ethics Council, ElectionViolationsAbstrakProses pelaksanaan pemilihan Gubernur Lampung tahun 2014 masih banyakkontroversi dengan prosesnya yang begitu rumit sehingga akhirnyamenghasilkan pemimpin terpilih, setelah proses yang panjang, munculkeputusan DKPP terkait pemilihan Gubernur Lampung tahun 2014. Putusantersebut DKPP menghasilkan terbukti dan dipecat Badan Pengawas PemiluProvinsi Lampung. Tujuan dari penelitian ini adalah untuk mengetahui danmenganalisis kekuatan keputusan pemilihan gubernur DKPP Lampung padatahun 2014. Dalam penelitian ini penulis membahas penggunaan teori dankonsep; Teori perundang-undangan, konsep lembaga negara, konseplembaga negara merdeka yang menggunakan metode penelitian yuridisnormatif, yaitu memperoleh data sekunder yang diperoleh dari studi literatur,buku dan perundang-undangan. Hasil penelitian dan pembahasanmenunjukkan bahwa banyak pelanggaran dalam Pemilu 2014 yangmengakibatkan Gubernur Lampung pada tahun 2014 mengakibatkanpenghentian anggota Badan Pengawas Pemilu Provinsi Lampung karenamelanggar kode etik. Keputusan Kehormatan Dewan Kehormatan keputusanfinal dan mengikat memberi pelajaran kepada penyelenggara pemiluProvinsi Lampung.Kata Kunci: Kekuatan Putusan, Dewan Kehormatan PenyelenggaraPemilihan Umum, Pelanggaran Pemilu

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Sovereignty: Seventeenth-Century England and the Making of the Modern Political Imaginary

10.1093/oso/9780198852131.001.0001 ◽

2020 ◽

Author(s):

Feisal G. Mohamed

Keyword(s):

Seventeenth Century ◽

Legal History ◽

The State ◽

Carl Schmitt ◽

Andrew Marvell ◽

First Order ◽

The People ◽

The Status ◽

Political Imaginary

Sovereignty is the first-order question of a politics attaching itself to the state, and seventeenth-century England provides an important case study in the roots of its modern iterations. With these central claims in view, this book explores the thought of Thomas Hobbes, John Milton, and Andrew Marvell, as well as lesser-known figures, such as William Fiennes, Lord Saye and Sele, and John Barclay. In addition to political philosophy and literary studies, it also takes account of the period’s legal history, such as the exercise of the crown’s feudal rights through the Court of Wards and Liveries, the status of corporations and contracts, debates over habeas rights, and the contested jurisdiction of prerogative courts. Theorizing sovereignty in a way that points forward to later modernity, the book critiques key concepts in the thought of Carl Schmitt: the mechanization of the state; land appropriation and legal order; the concept of the “people”; the pluralist state; and the protection–obedience axiom.

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

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v6i3.17070 ◽

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

People’s Consultative Assemly (hereinafter reffered to MPR) membership consisting of members of the House of Representative (hereinafter reffered to DPR) and Regional Representative Council (hereinafter reffered to DPD) members indicates that the MPR 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 (MPR), 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 DPD 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 .

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KEPEMIMPINAN NON MUSLIM DALAM TAFSIR AL-MISBAH KARYA M. QURAISH SHIHAB

MAGHZA Jurnal Ilmu Al-Qur an dan Tafsir ◽

10.24090/maghza.v2i2.1573 ◽

2018 ◽

Vol 2 (2) ◽

pp. 101-115

Author(s):

Munawir Munawir

Keyword(s):

The State ◽

Historical Approach ◽

State Constitution ◽

The People ◽

Political Relations ◽

Inferential Method ◽

Problematic Issue ◽

Core Issue

Non-Muslim leadership becomes a problematic issue in the context of inter-religious relations in Indonesia, especially for Muslims in conducting religious-social-political relations with non- Muslims. The problematic position of this non-Muslim leadership issue is the state constitution allows but the religious constitution (based on the textuality of the Qur'an) forbids. How does M. Quraish Shihab respond as well as answer the problematic of the people in the case? It is this core issue that will be tested by the answer through this research. Using the descriptive-inferential method and the philosophical-historical approach (philosophical and historical approach), the conclusion that M. Quraish Shihab in interpreting the verses (ban) of non-Muslim leadership (Surat al-Maidah: 51, QS Ali 'Imran: 28, and QS al-Mumtahanah: 1) is contextual, or in other words, the verses are understood to be sociological and not theological. Therefore he allows non-Muslim leadership as long as the non-Muslims are not of a hostile group of Islam, even he does not allow the leadership of a Muslim if a Muslim is actually injurious Islam and harms the interests of Muslims.

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Hukum Denda dalam Keuangan Publik Islam di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v12i2.1760 ◽

2018 ◽

Vol 12 (2) ◽

pp. 313-328

Author(s):

Fathul Aminudin Aziz

Keyword(s):

Islamic Law ◽

The State ◽

Mutual Benefit ◽

State Budget ◽

The People ◽

The Status ◽

The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

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PERKEMBANGAN PEMILIHAN PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA

MASALAH-MASALAH HUKUM ◽

10.14710/mmh.47.1.2018.63-70 ◽

2018 ◽

Vol 47 (1) ◽

pp. 63

Author(s):

Indarja Indarja

Keyword(s):

Vice President ◽

The State ◽

General Election ◽

The People ◽

General Elections ◽

History Approach

The aim of this paper is to analyze the regulation of general election of President and vice President in Indonesia. The method used is the normative juridical, with the history approach. Based on results that the Election of President and Vice President in Indonesia changes from time to time, from the period 1945-1950 President and Vice President elected by PPKI by acclamation. The period 1950-1959 elected by agreement between the state of RIS and RI. After the 1959 period until now, the President and Vice President were elected by the people through general elections.

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

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i1.2149 ◽

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.

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THE DYNAMICS OF LAW ENFORCEMENT IN REGIONAL HEAD ELECTIONS DURING COVID-19 PANDEMIC

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v8i2.16126 ◽

2021 ◽

Vol 8 (2) ◽

pp. 193

Author(s):

Mirza Nasution ◽

Muhammad Yusrizal Adi Syaputra

Keyword(s):

Law Enforcement ◽

Research Method ◽

The State ◽

Legal Research ◽

Cultural Backgrounds ◽

The People ◽

Social Entity ◽

Democratic Country ◽

Laws And Regulations

The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.

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