scholarly journals KEDUDUKAN SERTA FUNGSI DPR DALAM SISTEM KETATANEGARAAN NEGARA REPUBLIK INDONESIA

2020 ◽  
Vol 3 (2) ◽  
pp. 124-130
Author(s):  
Muchlisin Muchlisin
Keyword(s):  
Institutional Theory ◽  
House Of Representatives ◽  
Electoral System ◽  
Theory Approach ◽  
Administration System ◽  
Research Results ◽  
Legislative Power ◽  
The People ◽  
State Administration ◽  
And Function

The Indonesian state has institutions as a reflection of democracy. Which puts people as the holders of sovereignty. The institution is the house of representatives which is incorporated in the legislative power. In determining the membership of the house of representatives, it remains through the electoral mechanism using the electoral system or the election. This research uses normative juridical research by studying the source of primary law and the source of legal sequences that are either legislation or research results to be carried out an institutional theory approach. The institution has the duty and function in the part of the indonesian state administration system to represent the aspirations or interests of the people. In addition to the duties and function of these institutions have rights that are not owned by other institutions.

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.

Our Bungling Electoral System

1917 ◽  
Vol 11 (4) ◽  
pp. 685-710
Author(s):  
Joseph Cady Allen
Keyword(s):  
House Of Representatives ◽  
Presidential Election ◽  
Majority Vote ◽  
State Legislatures ◽  
Electoral System ◽  
Vice President ◽  
Electoral College ◽  
Present System ◽  
The People

According to popular parlance, we elect a President and vice-president, on the Tuesday following the first Monday of November of each fourth year, by vote of the people. It is well known however that, technically speaking, we do not choose these officers on that day or at any time by popular suffrage. Instead of that, we choose in each state a committee that is called the electoral college; and these electors meet on the second Monday of January and elect the President and vice-president by ballot. The theory of the Constitution is that these electors are not to be pledged or obligated to vote for any particular person, but that they and not the people shall really make the choice.But, practically from the start, and contrary to the expectation of those who framed the Constitution, the choice of President and vice-president was seized by state legislatures and afterwards transferred to the people, through the device of appointing electors that were virtually pledged to designated candidates. So the electoral colleges have failed of their purpose and become a useless complication. And not only are they useless, but objectionable also and dangerous in many and serious ways.This paper will endeavor to show that our present system of presidential election is bad in every step of the process, viz. in a. the appointment of the electors, b. the membership and proceedings of the electoral colleges, c. the count of the vote in congress, d. the interval between the election and the time when the President takes office, and e. the election by the house of representatives in case the electors fail to give a majority vote to any candidate.

scholarly journals SUCCESSIVE ELECTION OF REGIONAL HEADS: A COMPARISON STUDY OF THE STATE CONSTITUTIONS OF MAJAPAHIT, INDONESIA, AND THE UNITED STATES

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Wahyu Hindiawati ◽  
Wiwik Utami ◽  
Dian Utami Ikhwaningrum ◽  
Ika Kusumaning Wardhani ◽  
Devita Rosa Salsabila
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Electoral System ◽  
The United States ◽  
Representation System ◽  
Reform Era ◽  
State Constitutions ◽  
The People ◽  
Democratic Principles ◽  
Representative System

A constitution is a written regulation and a state convention (state administration) that determines the composition and position of state bodies, regulates relations between the bodies, and regulates the relationships between these bodies and the citizens. The enactment of a constitution as a binding fundamental law is based on the highest power or the principle of sovereignty adopted by a certain country. If the country adheres to the notion of popular sovereignty, then the source of the legitimacy of the constitution is the people. If monarchical sovereignty is applied, then the monarch will determine whether or not a constitution may be enforced. A constitution also contains regulations for the election of regional heads. Regional head elections are one of the characteristics of a state that applies democratic principles. This study aims to analyze the election of regional heads by comparing the constitutions of Majapahit, Indonesia, and the United States of America. The method used in this research is normative juridical, namely by reviewing the norms of Constitution, laws and other sources of legal material, including journals. The results of this research are that regional heads in Majapahit were directly elected by the Prabu (King). It was a District/majority representative system since the regional heads were directly elected by the king, an Organic and Non-Democratic electoral system. Whereas in Indonesia, regional heads (Governors, Regents and Mayors) are democratically elected, elected directly by the people or by the Provincial, Regential and Municipal House of Representatives (district representation system based on the majority and balance). However, in the reform era, the legislators interpreted the democratic system as direct election by the people. The electoral system is mechanical, organic and democratic. In the United States, the Head of State is directly elected by the people but at the discretion of the legislature, hence the representative system is a balanced representation system. The electoral system is organic and semi-democratic. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0754/a.php" alt="Hit counter" /></p>

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 Problem Pemberian Amnesti oleh Presiden Dalam Perspektif Kepentingan Negara

2021 ◽  
Vol 21 (3) ◽  
pp. 984
Author(s):  
Rizky Malinto Ramadani ◽  
Indra Perwira ◽  
Bilal Dewansyah
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Important Criterion ◽  
Administration System ◽  
Political Interests ◽  
State Administration ◽  
The Supreme Court ◽  
The Stability ◽  
The Ideal

Article 14 Paragraph (2) of the 1945 Constitution determines that the President grants amnesty and abolition by taking into account the considerations of the House of Representatives. in the provisions of Article (1) of the Emergency Law no. 11 of 1954 concerning Amnesty and Abolition states that "The President, in the interest of the state, can grant amnesty and abolition to people who have committed a criminal act. The President granted this amnesty and abolition after obtaining written advice from the Supreme Court which conveyed the advice at the request of the Minister of Justice.” The issue related to amnesty is that there is no more detailed clarity regarding the criteria for granting amnesty for the benefit of this country, whether the granting of amnesty is only intended for politically charged cases or can also be given for general criminal acts, especially in history, amnesties have been granted only for political crimes. The identification of the problems in this study are: First, the extent to which the granting of amnesty in Indonesia is in accordance with the criteria of the state's interest. The method used by researchers in this study is normative juridical. The results of this study indicate that the most important criterion of the existence of the state's interest is the stability of the state administration system and the guarantee of rights for citizens. The ideal conditions that need to be regulated in amnesty are: Amnesty restrictions are not granted for extraordinary crimes; not allowed to impeach the President. As for the ideal procedure, apart from referring to the 1945 Constitution and the Regulation of the Minister of State Secretary, the granting of amnesty must also ask for consideration from the Supreme Court, so that the granting of amnesty is not only seen for political interests, but also for the interests of the state.

scholarly journals Kedudukan Hak Angket sebagai Fungsi Pengawasan terhadap Penyelenggaraan Negara

2020 ◽  
Vol 2 (2) ◽  
pp. 113-122
Author(s):  
Sri Amlinawaty Muin
Keyword(s):  
House Of Representatives ◽  
Research Method ◽  
Legal Research ◽  
Research Results ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Council House

Tujuan Penelitian untuk menganalisis kedudukan hak angket sebagai fungsi pengawasan terhadap penyelenggaraan negara. Metode Penelitian yang digunakan adalah metode penelitan hukum mormatif. Hasil penelitian bahwa  Hak Angket Dewan Perwakilan Rakyat (Pasal 20A ayat (2)) mengatur dan merekomendasikan diatur dengan Undang-Undang dengan asumsi dan dengan keinginan Dewan Perwakilan Rakyat dalam Sistem Pemerintahan Presidensil adalah juga Parlemen harus punya hak sebagai bagian dari Fungsi Pengawasan yang dimiliki Dewan Perwakilan Rakyat. Hasil Penelitian menunjukkan penggunaannya cenderung royal bahkan sasarannya melebar menjadi alat penekan terhadap Pemerintah. Ini terjadi sebagai akibat belum diaturnya dalam Undang-Undang tentang Hak Angket. The purpose of the study was to analyze the position of the questionnaire right as a function of supervision of state administration. The research method used is a normative legal research method. The results of the study that the House of Representatives' Questioning Rights (Article 20A paragraph (2)) regulates and recommends are regulated by law with the assumption and with the wishes of the House of Representatives in the Presidential Government System that the Parliament must have the right as part of the Oversight Function owned by the Council House of Representatives. Research results show that their use tends to be royal even the target is widening to be a pressure tool on the Government. This happened as a result of not having been regulated in the Law on Questionnaire Rights.

scholarly journals KEWENANGAN MAJELIS PERMUSYAWARATAN RAKYAT MENURUT UNDANG- UNDANG NOMOR 2 TAHUN 2018 TENTANG MPR, DPR, DPRD, DAN DPD

to-ra ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 11
Author(s):  
Poltak Siringoringo
Keyword(s):  
House Of Representatives ◽  
Rapid Development ◽  
The State ◽  
Total Correction ◽  
Administration System ◽  
State Administration ◽  
The Republic

Abstract Indonesia has experienced rapid development in the state administration system since the demands for reform were marked by the fall of Soeharto from power in May 1998. Reformation as a form of total correction of the practice of running a centralized state that occurred during the leadership of the Orde Baru Era. The hegemony of the power of the President during the Orde Baru Era placed other state organs in a weak position functionally, including the Indonesian People's Representative Assembly. Since the Soeharto regime ended there was a fairly fundamental ow of change in the life of the Indonesian state administration. In the Indonesian constitutional structure, the People's Consultative Assembly of the Republic of Indonesiais one of the important pillars of the people's representative institutions besides the House of Representatives and the Regional Representative Coun- cil   Keywords:Orde Baru Era; Soeharto Regime; State Administration; Indonesian constitutional structure.

scholarly journals Does the Commonwealth Electoral Act Satisfy the Requirement That Representatives Be ‘Directly Chosen’ by the People?

2016 ◽  
Vol 9 (4) ◽  
pp. 78
Author(s):  
Bede Harris
Keyword(s):  
Western Australia ◽  
House Of Representatives ◽  
Attorney General ◽  
Electoral System ◽  
Vote System ◽  
Representative Government ◽  
Minor Parties ◽  
Voter Preferences ◽  
The People ◽  
Accurate Reflection

<p>The electoral system embodied in the Commonwealth Electoral Act 1918 (Cth) is notable for its startling unfairness to voters who support minor parties. This article argues that the disparity between voter preferences and the allocation of seats in the House of Representatives means that the electoral system cannot be said to provide for the election of members ‘directly chosen by the people’, as required by s 24 of the Constitution, and is therefore open to challenge. Although challenges to the electoral system in Attorney General (Cth); Ex rel McKinlay v Commonwealth and McGinty v Western Australia were unsuccessful, dicta by majorities in both cases support the argument that at some point – albeit unstated by the courts in those cases - an electoral system will be so unrepresentative as not to be consistent with s 24. Subsequent decisions in Roach v Electoral Commissioner and Rowe v Electoral Commissioner, to the effect that franchise laws must be appropriate and adapted to the system of representative government, also provide grounds for a constitutional challenge to the current electoral system. The article ends with a discussion of the criteria to be used to determine what system would be consistent with direct representation of the people, and argues that the Single Transferrable Vote system satisfies the requirements of accurate reflection of voter sentiment and provision to voters of identifiable local representatives.</p>

scholarly journals Attorney and President Relationship in Independent Aspects of the Indonesian State System after Reform

2021 ◽  
Vol 4 (1) ◽  
pp. 951-958
Author(s):  
Imawan Sugiharto
Keyword(s):  
Descriptive Analysis ◽  
The State ◽  
Central Position ◽  
Administration System ◽  
Constitutional State ◽  
State Administration ◽  
Strategic Role ◽  
Political Approach ◽  
The Republic ◽  
And Function

The Attorney General's Office has a central position and a strategic role in a constitutional state because the Attorney General's Office acts as a filter between the investigation process and the examination process at trial; The position in the sense of the position and function of the Prosecutor's Office is very vulnerable to the state administration system or the style of government adopted. After the reform, the Prosecutor's Office underwent several changes in the system used. The method used by the researcher in this research is normative juridical with a descriptive analysis approach in the perspective of comparative historical politics. The discussion in this study uses a comparative political approach. This research provides an overview of the ideal concept of the Attorney General's Office in the state administration system of the Republic of Indonesia by placing the Prosecutor's Office with an independent nature that supports its duties and authorities in the field of prosecution both in theory and in fact. This must be regulated clearly and firmly in the constitution.

scholarly journals Impeachment In The State System

2018 ◽  
Author(s):  
Substantive Justice ◽  
Nurwita Ismail
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Administration System ◽  
Procedural Law ◽  
Head Of State ◽  
System P ◽  
State Administration ◽  
Broad Interpretation ◽  
Constitutional System

PUBLISHED ON www.substantivejustice.id Vol.1 (1) March 2018 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.

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