scholarly journals Gagasan Penyempurnaan Lembaga Majelis Permusyawaratan Rakyat Republik Indonesia dalam Sistem Parlemen Dua Kamar

PLENO JURE ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 1-15
Author(s):  
Rizki Ramadani
Keyword(s):  
Separation Of Powers ◽  
State Power ◽  
State Institution ◽  
Fifth Amendment ◽  
Checks And Balances ◽  
Parliamentary System ◽  
The People ◽  
The Republic ◽  
To Come

Berdasarkan Pasal 1 ayat (2) UUD 1945 Sebelum Perubahan dan Penjelasannya, kekuasaan Negara yang tertinggi ada di tangan MPR. Sejak itu telah ada pengakuan bahwa MPR merupakan Lembaga Tertinggi Negara, bahkan sebagai penjelmaan seluruh rakyat Indonesia. Pasca Amandemen, UUD NRI Tahun 1945 resmi menganut pemisahan kekuasaan dengan ‘checks and balances’ yang lebih fungsional. Implikasinya, MPR kehilangan sebagian fungsi dan wewenangnya, dan tidak lagi berkedudukan sebagai lembaga tertinggi negara. Kini, bersamaan dengan munculnya wacana amandemen kelima, timbul pula pembicaraan untuk mereformulasi peran dan kelembagaan MPR. Artikel ini berupaya merespon wacana secara obyektif dengan berupaya memunculkan gagasan penyempurnaan MPR dengan pendekatan konsep parlemen dua kamar. Gagasan tersebut adalah melalui penegasan posisi kelembagaan MPR dalam sistem parlemen dua kamar dan perimbangan kekuasaan antar kamar. Abstract. Based on Article 1 paragraph (2) of the 1945 Constitution Before the Amendment and its Elucidation, the highest state power is in the hands of the MPR. Since then there has been recognition that the MPR is the Supreme State Institution, even as the manifestation of all the people of Indonesia. After the Amendment, the 1945 Constitution of the Republic of Indonesia officially adopted a more functional separation of powers with more functional checks and balances, making the MPR lost the vital parts of its functions and authority, and no longer has the position of the highest state institution. Now, along with the emergence of the discourse of the fifth amendment, discussions also emerged to reform the role and institutions of the MPR. This article attempts to respond to the discourse objectively by trying to come up with the idea of ​​perfecting the MPR with the concept of a two-chamber parliamentary approach. The ideas were, through the affirmation of the institutional position of the MPR in the two-chamber parliamentary system and the balance of powers between chambers.

scholarly journals On the issue of the right of legislative initiative

2020 ◽  
Vol 4 ◽  
pp. 85-90
Author(s):  
Elmira Qazvinova ◽  
Keyword(s):  
Separation Of Powers ◽  
State Power ◽  
Political Rights ◽  
Basic Principles ◽  
The People ◽  
Democratic State ◽  
Legislative Initiative ◽  
Fundamental Law ◽  
The Republic ◽  
The Right

The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.

scholarly journals SEPARATION OF POWERS, CHECKS AND BALANCES AND JUDICIAL EXERCISE OF SELF- RESTRAINT: AN ANALYSIS OF CASE LAW

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Magabe T Thabo ◽  
Kola O Odeku
Keyword(s):  
South Africa ◽  
South African ◽  
Separation Of Powers ◽  
State Power ◽  
Case Law ◽  
The State ◽  
The Other ◽  
Judicial Power ◽  
Checks And Balances ◽  
The Republic

The Constitution of the Republic of South Africa, 1996 creates a system in which there is a separation of the powers exercised by the different branches of the State. It also creates a system of checks and balances. The exercise of a power by one arm of state is checked by another to ensure that there is no abuse of state power. Organs of state ought to respect each other and the powers allocated to them by the Constitution. To this end, no organ of state should encroach upon the domain of the other organs. However, the courts wield enormous power because they are the ultimate guardians and custodians of the Constitution in South Africa. Courts have the power to declare any law or conduct unconstitutional. Where decisions have been taken by other arms of the State on matters falling within their exclusive domain and such decisions violate the Constitution, courts have a duty to intervene in order to make organs of state act within constitutional bounds. However, courts should not be overzealous and should not encroach upon the powers of the other arms of the State when exercising their judicial power and authority. Against this backdrop, this article analyses how the South African courts have cautioned themselves to exercise self-restraint in order not to usurp or encroach upon the powers of the other arms of the State while exercising their judicial authority and power.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

Critical Analysis on the Comparative Advantage of Presidentialism over Parliamentary System on Liberty and National Unity in Ethiopia

2021 ◽  
pp. 1-17
Author(s):  
Sisay A. Temesgen
Keyword(s):  
Comparative Advantage ◽  
Democratic Republic ◽  
Separation Of Powers ◽  
National Unity ◽  
Checks And Balances ◽  
Parliamentary System ◽  
The Government ◽  
Executive Organ ◽  
Council Of Ministers ◽  
The Impact

Abstract The Ethiopian Federal Democratic Republic (EFDR) Constitution is promulgated in 1994. Under Article (45) of the EFDR the country is restructured from presidential to parliamentary system of government. Since then, the country has been ravaged by the gross violation of the liberty of citizens and the crisis of national unity and consensus among the diversified ethnic groups. The impact of the parliamentary system in aggravating those critical challenges and the comparative advantage of presidantialism is the most ignored political research topic. In this Article, I investigated that the blurry separation of powers of the parliamentary structure of the country has created fusion of powers which has undermined the system of checks and balances. Thus, the executive organ of the government has enabled to concentrate unchecked and unaccountable power which has manifested in the gross violation of the liberty of citizens. Likewise, Article (73) of EFDR has declared that the prime minister and council of ministers of the country to be appointed by the legislators. This has deprived their boarder popular base and authenticity; and equivocally undermined their potency and decisiveness in addressing the existing crisis of national unity and consensus. Comparatively, the presidential structure of government is defined by the firm separation of powers and genuine system of checks and balances. The direct popular election of the president enables the president and council of ministers to secure broader popular base and authenticity. Thus, it is advantageous over parliamentarian structure in terms of protecting the liberty of citizens and addressing the crisis of national unity and consensus in Ethiopia.

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.  

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

The Constitution of the Roman Republic

2020 ◽  
pp. 47-84
Author(s):  
Eric A. Posner
Keyword(s):  
Roman Republic ◽  
Agency Theory ◽  
Separation Of Powers ◽  
The Political ◽  
American Constitution ◽  
Political Class ◽  
Checks And Balances ◽  
Military Forces ◽  
The People ◽  
Governmental Functions

The constitution of the Roman Republic featured a system of checks and balances that would eventually influence the American founders, yet it was very different from the system of separation of powers that the founders created. The Roman senate gave advice but did not legislate; the people voted directly on bills and appointments in popular assemblies; and a group of magistrates, led by a pair of consuls, proposed bills, brought prosecutions, served as judges, led military forces, and performed other governmental functions. This chapter analyzes the Roman constitution from the perspective of agency theory, and argues that the extensive checks and balances, which were intended to prevent the recurrence of monarchy, may have gone too far. Suitable for an earlier period in which the population was small and the political class was homogenous, the constitution proved unworkable when Rome acquired a vast, diverse empire. The lessons of Roman constitutionalism for the American constitution are also discussed.

scholarly journals Ustav, populizam i kraj liberalne demokracije - "referendumanija" ugrožava temelje ustavnog poretka

2019 ◽  
Vol 56 (4) ◽  
pp. 761-784
Author(s):  
Branko Smerdel
Keyword(s):  
Political System ◽  
The Political ◽  
Constitutional Democracy ◽  
Political Struggle ◽  
Checks And Balances ◽  
The People ◽  
Long Time ◽  
The Republic ◽  
Parliamentary Supremacy ◽  
Political Groups

Democracies are at risk to be strangled by the populist demagogues, posturing as the only and true leaders of 'the people', while disregarding constitutional "structure of liberty", meaning that, the parliamentary supremacy, judicial review and, above all, the constitutional limits to the very direct decision making by the voters' constituencies. Referenda are being used ever more, often to push certain decision, which could not pass the parliament. The claim is that there must not be any limits to the power of the people. That phenomenon the most esteemed liberal magazine "The Economist" nicknamed coining the word "referendumania", apparently combining 'a mania' with 'referenda'. It has been received with a lot of sympathy by the general public, in circumstances when the television and the Internet shows all the misery of the numerous assemblies, not only in a new but also in the mature democracies. After the referendum on the Brexit has been used as an instrument of the political struggle in the mother of parliaments, Great Britain, which lead to the ongoing "melting down" of the highly valued British political system, it seems that the worst of prophecies are realized by advancing populist forces in a number of Euroepan states. Republic of Croatia has been for a long time exposed to such treats, by the political groups extremely opposed to governmental policies, first by the Catholic conservatives and most recently by the trade unionists. Due to the very inadequate regulation of the referenda on civil initiatives, whereas the decision is to be made by a majority of those who vote, without any quorum being provided, the posibilites of manipulation are enormous. In the lasting confusion, a number of politicians has already proclaimed their intention, if elected the president of the Republic, to use such a referendum in order to remove all the checks and balances between the chief of state and "the people". Taking such treats very seriously in the existing crisis of democracy, the author emphasizes hi plead for an interparty agreement which would enable the referendum to be properly regulated and thus incorporated into the system of a democratic constitutional democracy.

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.

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