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Ilmu Sosbud

State Institutions In Indonesia

28 Mei 2024   13:01 Diperbarui: 28 Mei 2024   13:11 96
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The President is the Head of State and Head of Government who is directly elected by the people through general elections, and inaugurated by the MPR.  According to Article 4 paragraph 1, the President of the Republic of Indonesia holds the power of government according to the Constitution.

The president is a state institution that holds power in the executive sector. Along with the amendments to the 1945 Constitution, currently the president's authority is confirmed to be limited to the field of power in the field of implementing the state government. As a manifestation of the rule of law and the checks and balances system, the Constitution stipulates provisions on the terms of office of the President and Vice President, as well as provisions on the procedures for the dismissal of the President and Vice President during their term of office.

In relation to the implementation of the principle of checks and balance system as well as the relationship of authority between the president and other state institutions, among others regarding the granting of clemency, amnesty, abolition, and rehabilitation, which was originally the prerogative of the president as head of state, currently in exercising his authority must take into account the considerations of other state institutions that hold power in accordance with their authority.

  • Supreme Court (MA)

The Supreme Court is the holder of independent judicial power, meaning that it is independent from the influence of government power.  Article 24 paragraph 1 indonesian constitution,    Judicial power is an independent power to administer justice in order to uphold law and justice.

The Supreme Court is authorized to adjudicate at the cassation level, examining legislation under the Law, if the Supreme Court gets regulations under the Law, it means starting from Government Regulations (PP) down, if there are contradictions in the making or content with the Law, they must be revoked, they cannot be enforced. Therefore, the duties and authority of the Supreme Court are, Examining at the Cassation level. Examining legislation under the law.

  • Constitutional Court

The Constitutional Court is the holder of the judicial power at the first and last level whose decisions are final to test the Law against the Constitution, decide disputes over the authority of state institutions whose authority is granted by the Constitution, decide on the dissolution of political parties, and decide disputes over general election results (Article 24 C paragraph 1).

The Constitutional Court is obliged to give a decision on the opinion of the DPR regarding alleged violations by the President and / or Vice President according to the Constitution,

This institution is part of the judicial power that has an important role in upholding the constitution and the principles of the rule of law in accordance with its duties and authorities as specified in the 1945 Constitution.  The establishment of the Constitutional Court is in line with the notion that the rule of law must be maintained constitutionally.  This means that there should be no laws and regulations that contradict the Constitution.

  • Judicial Commision

The institution of the Judicial Commission is expected to create a judiciary that is in line with the expectations of the people as well as to realize law enforcement and the achievement of justice decided by judges whose honor and dignity and behavior are maintained.

The authority of the Judicial Commission according to the provisions of the 1945 Constitution is to propose the appointment of Supreme Court judges and has other powers in order to maintain and uphold the honor, dignity, and behavior of judges. In the process of recruiting supreme court judges, candidates for supreme court judges are proposed by the Judicial Commission to the House of Representatives for approval and subsequently appointed as supreme court judges by the President.

Article 24B of the Constitution states that the Judicial Commission is a state institution that is independent and has the authority to propose the appointment of supreme judges and has other powers in order to maintain and uphold the honor, dignity, and behavior of judges.

  • Supreme Audit Agency (BPK)

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