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STATE INSTITUTIONS IN LAW REGULATING Before and After amendment to the 1945 Constitution �

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Introduction

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  • What is a State Institution?
  • The difference with Government Institutions?
  • So what will be discussed in this material?

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The rule of law and the separation of powers

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  • Indonesia is a State of Law
  • State theory establish out of social norm
  • Theory of the Separation of Power
  • Immediate separation, the Institution holds the same authority.
  • Even though it was affected, Indonesia did not exactly follow Power Distribution

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Before the amendement

  • Article 5 paragraph (1) of the 1945 Constitution
  • "The President holds the Power of Forming a Law with the approval of Parliament"
  • Explanation of Article 5 paragraph (1)
  • Except for executive power , the President and the DPR run legislative power in the country

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Relationship of Article and Explanation

  • Based on Article 5 (1): the power to form the Law rests with the President, while the DPR functions to give approval in the sense of rejecting and accepting every bill proposed by the President
  • What does "get together" mean in an explanation?

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What does the word "together" mean?

  • There are no explanations or interpretations in state regulations
  • Prof. Hamid: according to the Indonesian dictionary together means together / simultaneously
  • The President carries out the formation provisions, the DPR carries out (grants) approval with (simultaneously / together)

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DPR and Granting Approval in Act

  • In Article 5 (1), an act requires DPR approval.
  • Approval: statement of agreement, or justification or affirmation
  • Explanation of Article 20 (1): DPR must approve the bill
  • The DPR cannot be ruled out
  • So the authority to form an act remains with the President, and the authority to grant approval to the DPR.
  • For the act to be established, the authority must be carried out together.

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State Institution & Its Power

  • MPR: Constitutional Power
  • DPR + President: Legislative power
  • President: Executive Power
  • MA: Judicial Power
  • DPA: Consultative Power
  • BPK: Inspective Power

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Government System after the Amendment of 1945 Constitution

  • The country of Indonesia is a country of law
  • The highest power is in the hands of the people and is carried out according to the 1945 Constitution
  • The MPR consists of the DPR & DPD elected through the General Election ---- Changing and Establishing the Constitution and Inaugurating the Pres and the Vice President, & stipulating the Pres & Vice President if there is a power vacuum

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  • President as the highest organizer
  • The President is not responsible to the DPR
  • The State Minister is the President's assistant, and is not responsible to the DPR
  • State power is not unlimited

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After the Amendment of the 1945 Constitution

  • Article 5 paragraph (1)
  • The President has the right to submit a bill to the DPR
  • Article 20 of the 1945 Constitution
  • (verses 1-5)
  • But in article 20 (2), mutual agreement is still needed.

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Conclusion

  • State institutions forming legislation are:
  • The President is the legislator, while the DPR is the approver of the proposed bill
  • The submissiveness of the law because the law is a result of the people's consent as well
  • With the mutual conditions still in agreement:
  • There is no fundamental change in the authority granted in the Constitution before and after the change.

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