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All Journal WAJAH HUKUM Al-Adl : Jurnal Hukum
Abustan Abustan
Universitas Islam Jakarta
Law, Crime, Criminology & Criminal Justice

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Perbandingan Dewan Perwakilan Daerah (DPD RI) dengan Negara Lain Abustan Abustan
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.729 KB) | DOI: 10.33087/wjh.v4i1.173

Abstract

The basic idea of the establishment of DPD is the desire to better accommodate regional aspirations and also give a major role to the region in the political decision-making process for matters relating to the region. In the document of Strategic Plan (Renstra) of the House of Regional representatives (DPD) period 2015-2019 mention that the main objective of DPD RI is the realization of DPD RI as one of the State institutions that play an active role and maintain a balance in the state authority in the field of legislative, through the optimization of the implementation of the parliamentary function. The problem formulation in this journal is how to increase the status of DPD in establishing and strengthening the political representation in Indonesia and how to setup the authority of the Regional Representative Council (DPD) Republik Indonesia (RI) when compared with other countries. The discussion in this journal is the change of UUD 1945 to change the system of representatives in the state of Indonesia that previously did not reveal the actual representation. With the presence of the DPD, in the Indonesian representative system, the DPR is supported and should be strengthened by the DPD. With such conditions, the DPD institution has a very high legitimacy, which should have a high formal authority anyway, but in reality the formal authority is very low. The arrangement of the authority of DPD must be done through the Fifth Amendment UUD 1945. This is necessary for the DPD to have a constitutional certainty, so it will guarantee the continuity of the performance of DPD in the present and future. This arrangement is done by considering two things: first, Dpdas the same representative institution with the House of Representatives, should be engaged optimally in the process of making political decisions nationally. Secondly, the Fifth Amendment of the UUD 1945 is intended to assert the DPD as an institution that holds the authority to form legislation; Has a function of legislation; budget function; and surveillance functions; Then to change the articles that have been debilitating the DPD, namely related to the authority to file a RUU, discussing the RUU and also give the last consideration, this change is also done so that the DPD can then supervise with the giving of the right to ask questions, the right to ask for information and the right of a questionnaire and DPD RI through its tools (honorary body) in charge of implementing the code, is expected to always evaluate and revise the rules of DPD RI that is deemed to be no So ideally, do a comparison of the code of ethics with other countries, in order to minimize the misuse of budgets, duties and authorities.
PENATAAN LEMBAGA NEGARA REFLEKSI PENGUATAN SISTEM PRESIDENSIAL Abustan Abustan
Al-Adl : Jurnal Hukum Vol 9, No 2 (2017)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (430.241 KB) | DOI: 10.31602/al-adl.v9i2.940

Abstract

The amendment of Article 1 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia indicates the affirmation of Article 4 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, namely the affirmation of a presidential government system by affirming the position of the President as head of state as head of government of government) can not be separated and elected directly by the people, so that the President has the authority as "the sobereigh executive" to run "independent power" and "inherent power", while establishing the separation of power in establishing cheks and balances among state institutions. Prior to the amendment of the 1945 Constitution, the institutional system adopted is the separation of power but is often referred to as the distribution of power. The President not only holds the highest administrative power (executive but also holds the power to form legislation or legislative powers together with the DPR as his co-legislator, while the question of judicial power (judicial in the 1945 Constitution before changes are made by a Supreme Court and other judicial bodies according to the law. Given the change of power of the formation of a law which was originally owned by the President to be owned by the House of Representatives based on the amendment of the 1945 Constitution, especially Article 5 paragraph (1) and Pasa1 20 paragraph (1), the so-called legislative body (main) DPR, while the executive is the President. Although the process of making a law requires the approval of the President, but the function of the President in this case is as co-legislator as the DPD for the material of a particular law, not as the main legislator. While the judicial authority (judicative conducted by the Supreme Court (and the judicial bodies under it) and the Constitutional Court under Article 24 paragraph (2) of the 1945 NRI Constitution. Structuring the building of presidential government system, as well as other state institutions (DPR, MPR, DPD, MA and MK) within the framework of the 1945 Constitution of 1945 should be harmonized and synchronized to prevent the occurrence of various disorders among state institutions.
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