Legality and Legitimacy of the Questionnaire Rights of the House of Representatives in Indonesia (original) (raw)
Related papers
Researchers World:Journal of Arts, Science and Commerce, 2018
The aims of the research is to analyze the urgency of strengthening the authority of the People's Consultative Assembly the Republic of Indonesia (MPR RI), because post-amendment constitution 1945 in year 1999-2002 the MPR RI is currently only placed as a state institution of accessories in the design of state governance which has only one authority, namely a five-year meeting to appoint the president and vice president after the presidential election. MPR RI institutions need to be designed to have performance accountability and build balanced relationships between state high institutions and state commissions in presidential government system. This research uses socio constitutional legal methods to focus on secondary data from various legislation and literature studies. The purpose of this research is that the MPR RI as the unique democratic institution of Indonesia can be further empowered and strengthen the practice of the parliamentary system of Tricameralism: the MPR RI, the House of Representatives (DPR RI), and Regional Representative Council (DPD RI). To strengthen the authority of the MPR RI are: (1) the authority to request performance reports of state institutions; (2) the authority to make regulations; (3) the authority to increase the composition of the group's delegates; and (4) the authority to form the guidelines of state guidance (GBHN).
2020
The Attorney General's Office of the Republic of Indonesia is a government agency that exercises state power in the field of law enforcement, particularly in the field of prosecution. As a law enforcement agency that has a central role in the legal process itself, the Attorney General's Office of the Republic of Indonesia can be positioned as part of the main state institutions that have the same position and presence as other main state institutions. But in its implementation, the position of the Attorney General's Office of the Republic of Indonesia was not always in line with the main tasks it was carrying. Moreover, the regulation in the 1945 Constitution of the Republic of Indonesia as a state constitution was not found at all. In the relation of it, this research is intended in order to find out the position of the Attorney General's Office of the Republic of Indonesia as a government agency implementing state power in the Indonesian constitutional system. In o...
2019
This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President...
Britain International of Humanities and Social Sciences (BIoHS) Journal, 2021
In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not ...
THE PROBLEMS OF INDONESIAN CONSTITUTION; LEGISLATIVE POWER
As stated in Article 1 (3) of 1945 Constitution that Indonesia is State of law followed with the Law No.12 of 2011 Concerning the Hierarchy of Law mention in Article 7 that 1945 Constitution is the highest or supremacy of law in Indonesia. Therefore it should be consider that this Constitution shall in line with what need by Indonesian at this present moment and shall be the most perfect Law that prevailing in Indonesia. Historically, Indonesia has never before successfully carried out constitutional reform. The four earlier attempts in 1945, 1949, 1950 and 1956-1959 failed to create a democratic Constitution. Second, the fifth attempt in 1999-2002 was crucial to safeguarding Indonesian transition from Soeharto’s authoritarian rule to democratic institutional arrangements. Realizing this issue has very crucial impacts in political and constitutional matters therefore it necessary to have some research on the result of 1945 Constitution fourth amendment version. This article would mention several problems in the Constitution, specifically on the legislative powers. Before speaking legislative problems in the Constitution, it is importance to know first about the original text and intent of 1945 Constitution during the independence time of Indonesia.
Constitutional Review
This research aims to analyze and to describe the relation between the Constitutional Court of the Republic of Indonesia (CC) with the People Representatives’ Council and the President of the Republic of Indonesia as legislators by looking on implementation of CC’s decision through the legislation in the period 2004-2015. Using doctrinal research, it can be seen how the constitutional mandate in the CC’s decision are implemented by the legislator through the legislation. The results are: (a) legal opinions of the CC’s decision have a binding power; (b) a constitutional mandate in the legal opinion is intended as guidance for the legislators regarding what the 1945 Constitution requires; (c) directives to the legislator in the legal opinions should be implemented because it is the implementation of the principle of checks and balances according to the 1945 Constitution, (d) implementation of the CC’s decisions through legislation does not have standard mechanism and does not become t...
Constitutional Democracy in Indonesia
Constitutional Democracy in Indonesia, Oxford University Press, 2022
The Indonesian Constitution is an important legal text that governs the world’s third largest democracy. After decades of authoritarian rule, a key aspect of the transition to constitutional democracy was the amendment of the 1945 Constitution. The amended Constitution introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights and the establishment of a Constitutional Court. This volume explores the ongoing set of debates over the meaning, implementation and practice of constitutional democracy in Indonesia. This includes debates over the powers of the legislature, the role of the military, the scope of decentralisation, the protection of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, and the leading role of the Constitutional Court. These legal issues are analysed in light of the contemporary social, political, and economic environment that has seen a decline in tolerance, freedom and respect for minorities. Contributions to this volume review the past two decades of reform in Indonesia and assess the challenges to the future of constitutional democracy amidst the wide-spread consensus on the decline of democracy in Indonesia. Demands for amendments to the Constitution and calls to revert to its initial form would be a reversal of Indonesia’s democratic gains.
Instruments of Democracy in Law-Making in Indonesia
Law is basis for the implementation of all policies made by the government. The legal policy as outlined in the law, becomes a means of social change, which contains policies to be achieved by the government, to direct people to accept the new values. The purpose of writing this paper is to examine the instruments of democracy in law-making, especially Indonesian law. This research uses statute and conceptual approach to study and analyze the conceptual framework that is suitable with this research, namely the instrument of democracy in law-making. Finding of the research is principle of democracy in law-making in Indonesia can be identified into three fundamental aspect: guarantee of information disclosure, public participation and public-rights mechanisms. Information Disclosure can be in the form of: (a) Guaranteed information disclosure, (b) Accountability, and (c) Consensus. Community participation is carried out through: (a) Public hearing, (b) Work visit, (c) Socialization, a...
LEGITIMACY OF DEMOCRACY AND THE SYSTEM OF GOVERNMENT IN INDONESIA
M. A Najib Surahman, 2023
Theoretically, the government system has experienced many developments from classical to modern, several experts have described the history of government systems that have been practiced by various countries. Starting from the Presidential, Parliamentary, quasi and Referendum. Where from the four government systems have their own advantages and disadvantages. The government will run effectively if the system chosen and used is in accordance with the character and socio-political conditions in the country. Based on the constitution of the State of Indonesia based on Article 1 paragraph (2) of the 1945 Constitution (UUD 1945) which reads "Sovereignty is in the hands of the people and implemented according to the Constitution". Popular sovereignty is a power owned by the people that is submitted to the state in order to carry out its functions. On the basis of this authority, the community has the right to provide support or recognition (legitimacy) to the state in this case the government. Sovereignty itself is a translation of the word "Souvereniteit" which comes from the word superanur or superanitas which means the highest power or authority in a country.
PEOPLE: International Journal of Social Sciences
This paper focuses on the phenomenon of The Republic of Indonesia's democracy in perspective of the lawmaking process. Democracy means 'rule by the demos', demos standing for 'the many' or 'the people.' There are two contrasting models of democracy: direct democracy and representative democracy. According to the 1945 Constitution of the Republic of Indonesia, that amended fourth times that is of 1999, 2000, 2001 and 2002, Indonesia used a representative democracy model to make a law. The purpose of research, the theoretically is to know that the Republic of Indonesia is not full as a democratic state, but the practice is that the Republic of Indonesia is the unique democratic state. This study uses the grounded research method, which is based on fact, and inductive analysis. Findings reveal that the Council of Representatives of the Regions (DPD) has limited authority to propose and discuss the bill, and after the decision of the Constitutional Court 92/2012, DPD participated in the discussion level 2 (Second Reading), however, the DPD role does not come to participate in approving a bill. The theoretically, that