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.

scholarly journals The constitutional court function of the Indonesian state concerning system for the implementation impeachment of the president and/or vice president

2020 ◽  
Vol 4 (2) ◽  
pp. 118-127
Author(s):  
H Muhamad Rezky Pahlawan MP
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
History Of ◽  
Three Stages ◽  
The Republic ◽  
Constitutional System

Impeachment is an accusation or indictment of the President or another country's high officials from his position. Impeachment is not new in the history of Indonesian constitution, but the change in the Constitution has caused a change in the constitutional system as well as related to the mechanism of the dismissal of the President and / or Vice President. how is the Impeachment reviewed globally, the history of impeachment in Indonesia and the implementation of impeachment in other countries, the impeachment process of the president according to the 1945 Constitution of the Republic of Indonesia. The process of impeachment in Indonesia after changing the constitution goes through three stages, namely impeachment in the House of Representatives, the Court The Constitution, and the People's Consultative Assembly. Keywords: Impeachment, Constitutional Court, Government

scholarly journals DPD (REGIONAL REPRESENTATIVE COUNCIL), AS A STATE AGENCY OF INDONESIAN STATE SYSTEM, RUNS THE AUTHORITY OF ITS ROLE AND FUNCTION TO CREATETHE EXISTENCE OF BICAMERAL SYSTEM IN INDONESIA

2018 ◽  
Vol 3 (1) ◽  
pp. 64
Author(s):  
John Paulus Pile Tukan ◽  
Lita Tyesta ALW
Keyword(s):  
House Of Representatives ◽  
State Agency ◽  
Representation System ◽  
Checks And Balances ◽  
Regional Autonomy ◽  
Parliamentary System ◽  
Good Government ◽  
The Republic ◽  
And Function ◽  
Role And Function

DPD (Regional Representatives Council) which is the representative of the region can be a counterweight in strengthening the parliamentary system in Indonesia. Since the amendment begun, the Indonesian parliamentary system has changed from a unicameral system to a bicameral system. However, if noticed, the functions, powers and duties set forth in Article 22 D of the 1945 Constitution and Law No.22 of 2003 on the composition and position of MPR (People’s Consultative Assembly), DPR (House of Representatives), DPD (Regional Representatives Council) and DPRD (Regional People’s Representatives Council), there are many assumptions that whether the function of Regional Representative Council can represent regional’s interests. DPD does not only serve as a counselor of regional autonomy board, and does not serve the legislature, as a country that embraces bicameral system. Bicameral is a term of representation system consisting of two chambers, which in Indonesia are known as DPR RI (House of Representatives of the Republic of Indonesia) and DPD RI (Regional Representatives Council of the Republic of Indonesia) which aims to achieve good government and the achievement of checks and balances between institutions, particularly in the legislature, which is one of the most important elements in the constitutional of the State.

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 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

scholarly journals URGENSI PEMBENTUKAN UNDANG-UNDANG HAK ANGKET DPR RI (THE URGENCY OF MAKING THE LAW ON THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA)

2017 ◽  
Vol 8 (2) ◽  
pp. 177-194
Author(s):  
Novianto Murthi Hantoro
Keyword(s):  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
Current Regulation ◽  
Presidential System ◽  
Subject And Object ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Right

Prior to the decision of the Constitutional Court (MK), the implementation of the right to inquiry was regulated in two laws, namely Law No. 6 of 1954 on the Establishment of the Rights of Inquiry of the House of Representatives (DPR) and Law No. 27 of 2009 on MPR, DPR, DPD, and DPRD. Through proposal for judicial review, MK decided the Law on the Rights of Inquiry was null and void because it was not in accordance with the presidential system adopted in the 1945 Constitution. Today, the exercise of the right of inquiry is only based on Law on MPR, DPR, DPD, and DPRD. Nonetheless, the Amendment of Law No. 27 of 2009 into Law No. 17 of 2014 could not accommodate some substances of the null and void Law on the Rights of Inquiry. The urgency of the formulation of the law on the right to inquiry, other than to carry out the Constitutional Court’s decision; are to close the justice gap of the current regulation; to avoid multi-interpretation of the norm, for example on the subject and object of the right of inquiry; and to execute the mandate of Article 20A paragraph (4) of the 1945 Constitution. The regulation on the right to inquiry shall be formulated separately from the Law on MPR, DPR, DPD and DPRD, with at least several substances to be discussed, namely: definition, mechanisms, and procedure, as well as examination of witnesses, expert, and documents. AbstrakSebelum adanya putusan Mahkamah Konstitusi (MK), pelaksanaan hak angket diatur dalam dua undang-undang, yaitu Undang-Undang Nomor 6 Tahun 1954 tentang Penetapan Hak Angket DPR (UU Angket) dan Undang-Undang Nomor 27 Tahun 2009 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, dan Dewan Perwakilan Rakyat Daerah (UU MPR, DPR, DPD, dan DPRD). Melalui permohonan pengujian undang-undang, MK membatalkan keberlakuan UU Angket karena sudah tidak sesuai dengan sistem presidensial yang dianut dalam UUD 1945. Pelaksanaan hak angket saat ini hanya berdasarkan UU MPR, DPR, DPD, dan DPRD. Penggantian UU No. 27 Tahun 2009 menjadi UU No. 17 Tahun 2014 tentang MPR, DPR, DPD, dan DPRD ternyata tidak mengakomodasi beberapa substansi UU Angket yang telah dibatalkan. Berdasarkan hal tersebut, terdapat urgensi untuk membentuk Undang-Undang tentang Hak Angket DPR RI. Urgensi tersebut, selain sebagai tindak lanjut putusan MK, juga untuk menutup celah kekosongan hukum pada pengaturan saat ini dan untuk menghindari multi-interpretasi norma, misalnya terhadap subjek dan objek hak angket. Pengaturan mengenai hak angket perlu diatur di dalam undang-undang yang terpisah dari UU MPR, DPR, DPD, dan DPRD, dengan materi muatan yang berisi tentang pengertian-pengertian, mekanisme, dan hukum acara. Pembentukan Undang-Undang tentang Hak Angket diperlukan guna memenuhi amanat Pasal 20A ayat (4) UUD 1945.

scholarly journals Voices from Indonesian Legislative on Religious Education Policy

2021 ◽  
Vol 28 (1) ◽  
Author(s):  
Jamhari Jamhari ◽  
Yunita Faela Nisa
Keyword(s):  
Public Schools ◽  
Political Parties ◽  
Religious Education ◽  
Vital Role ◽  
Suicide Bombing ◽  
The Public ◽  
Study Results ◽  
Violent Extremism ◽  
The Republic ◽  
The Government

Religious violent extremism remains a problem for Indonesia. Recently, three consecutive attacks carried out by violent religious extremists — a suicide bombing in front of a Cathedral Church in Makassar South Sulawesi, the discovery of several prepared high explosive bombs in Condet Jakarta, and a female lone wolf attack on the Indonesian Police Criminal Investigation Agency — shocked the public (Fakta-data di Balik Bom Bunuh Diri, 29 Maret 2021; Polisi sebut Terduga Teroris Condet & Bekasi, 2021; Teroris Penyerang Mabes Polri, 2021). It may not be surprising since there were some early indications from various studies that some Indonesian people still have religious attitudes and behaviors that are exclusive, closed, anti-citizenship, anti-state, and even pro-violence (PPIM, 2016, 2017, 2018; Puspidep, 2017, 2018). The PPIM study results (2018) show that around 58.5 percent of students tend to be religious radical, and 51.1 percent tend to be intolerant to differences within Muslim groups. Then, as many as 34.3 percent of students are intolerant to non-Muslim groups. Radical views that are intolerant toward those who are different are the first step to violent extremism. These studies are a reminder that violent extremism is a problem for all of Indonesian society. Therefore, PPIM surveyed the perceptions of the public, students, teachers, and Indonesian Members of Parliament on violent extremism.In Indonesia, political parties have a vital role. Political parties develop policies, laws, and regulations. Another strategic part is that political parties become important actors in crystallizing citizens' political aspirations, including rules related to religion and religious education (Mujani & Liddle, 2018; Muhtadi & Mietzner, 2019; LIPI, 2018, 2019). Through their representatives — who are elected through a regular fair election once every five years — in the House of Representatives of the Republic of Indonesia, political parties have an essential role in determining public policy through their function as a check and balance institution for the Government. The enactment of religious education as a compulsory subject for all students at all levels has become a debate among the Indonesian public, and whether the Government should regulate religious issues in public education. The issue of religious education in public schools is essential as PPIM's research suggests that the religious subject's teachers may contribute to students' radical views (PPIM, 2017).

scholarly journals The Dynamics of Relationship Between Legislative and Executive in Post Reformation Era: A Critical Thinking for Amendment of the 1945 Constitution

2019 ◽  
Vol 4 (1) ◽  
pp. 138-157
Author(s):  
Sunarto Sunarto
Keyword(s):  
Critical Thinking ◽  
Political Parties ◽  
The Other ◽  
Checks And Balances ◽  
Indonesian Government ◽  
Other Hand ◽  
Presidential System ◽  
The Government ◽  
Opposition Parties

Amendment of the 1945 Constitution brought significant shifting on the Indonesian government. Before amendment, the government was dominated by the enormous power of President (executive heavy). The amendment strengthens the DPR’s power realizing the checks and balances between DPR and President. The amendment of the 1945 Constitution also brought the purification of presidential system. These two things make the dynamics of relationship between the DPR and the President. In post amendments, the government is characterized by an increasing controlling function of DPR. But the combination of presidential system and the multi-party still brings problem related to government instability. Relationship between the DPR and the President was strongly influenced by the presence of opposition parties, which in the previous was regarded as “a taboo” in Indonesian democracy. On the other hand, the elected president also became a strong magnet to get the support of political parties in DPR. Therefore, certain parties that previously became the government’s opposition crossed and supported government. Thus, the presumption that the elected President would find difficulties in implementing his policies because of the lack of support in the DPR was not proven.

Introduction

2012 ◽  
Author(s):  
Jeffery A. Jenkins ◽  
Charles Stewart
Keyword(s):  
Nineteenth Century ◽  
Political Parties ◽  
House Of Representatives ◽  
Political System ◽  
Organizational Politics ◽  
Early Nineteenth Century ◽  
Majority Party ◽  
History Of ◽  
The U.S

This book investigates the history of organizational politics in the U.S. House of Representatives from 1789 to the present. It argues that the history of how speakership elections developed was driven by a desire to establish an organizational cartel in the House. It examines the centrality of the party caucus for the organization of the House, and more specifically how the majority party came to own the chief House officers, especially the Speaker. It also discusses two themes about Congress and its role in the American political system: the construction of mass political parties in the early nineteenth century and the role that political parties play in guiding the agenda of Congress today. This chapter provides an overview of the data and methods used by the book as well as the chapters that follow.

scholarly journals KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Vice President ◽  
Executive Branch ◽  
Constitutional Court ◽  
State Institutions ◽  
The Supreme Court ◽  
Election Results ◽  
The Republic ◽  
The Government

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

scholarly journals COALITIONS MODEL IN INDONESIAN PRESIDENTIAL SYSTEM

2016 ◽  
Vol 28 (2) ◽  
pp. 365
Author(s):  
Dinoroy Margonda Aritonang
Keyword(s):  
Political Parties ◽  
Political Stability ◽  
Real Character ◽  
Parliamentary System ◽  
Presidential System ◽  
Constitutional System ◽  
Governmental System

AbstractThe option to pick a suitable governmental system is greatly determined by political stability and effectivity considerations. Presidential system used in Indonesian constitutional system is designed along with the format of multiparty which highly requires coalitions among political parties in the parliament. This feature is actually an original or a real character of parliamentary system. It stems from and is developed well in the system. In this article, it will be described the problems based on empirical experiences of Indonesian Presidential cabinet which is struggling with the multiparty system.IntisariPemilihan model pemerintahan amat ditentukan oleh pertimbangan terhadap stabilitas dan efektiftas dari pemerintahan. Sistem Presidensil yang diterapkan di Indonesia didesain dengan format multiapartai, yang amat menghendaki koalisi dalam partai politik di parlemen. Ciri ini sebenarnya amat cocok (lahir dan tumbuh subur) dalam sistem parlementer. Dalam tulisan ini dideskripsikan mengenai problematika yang berangkat dari pengalaman empiris cabinet pemerintahan yang telah berlangsung di Indonesia dalam desain presidensil yang multipartai.

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