State Institutions In Indonesia

State Institutions

State institutions are institutions that carry out executive, legislative, and judicial functions at the central level, as well as other institutions as specified in the 1945 Constitution of the Republic of Indonesia and the law. State institutions in the post-amendment Indonesian constitutional system are distinguished from state institutions whose status of authority is directly regulated by the Constitution and state institutions that are only mentioned in the Constitution but whose authority is delegated by law. Institutions according to the 1945 Constitution after being amended are the MPR.  President, DPR, DPD, BPK, MA and MK.    These state institutions can also be called high state institutions.

• People's Consultative Assembly (MPR)

The MPR is a state institution whose membership consists of the People's Representative Council (DPR) and the Regional Representative Council (DPD) whose members are elected through the General Election.

Prior to the 1945 Constitutional Amendment, sovereignty was in the hands of the people exercised entirely by the People's Consultative Assembly. After the 1945 Constitutional Amendment, the sovereignty of the people is no longer exercised by the MPR, but is exercised After the 1945 Constitutional Amendment, the sovereignty of the people is no longer exercised by the MPR, but is exercised according to the Constitution.

fundamental changes in the constitutional system, namely from a vertical-hierarchical system with the principle of supremacy of the MPR to a horizontal-functional system with the principle of balancing and supervising each other between state institutions. The MPR no longer implements the outlines of state policy, and no longer elects and appoints the President and Vice President.

The powers of the MPR based on Article 3 and Article 8 paragraphs (2) and (3) of the 1945 Constitution are :

• Amending and enacting the Constitution;
• Inaugurating the President and/or Vice President;
• Removing the President and/or Vice President during his/her term of office according to the Constitution.
• The House of Representatives (DPR)

The House of Representatives is a state institution that holds legislative power as stated in Article 20 paragraph (1) of the 1945 Constitution. By explicitly stipulating in the 1945 Constitution that the DPR is the institution with legislative power, it will further empower the DPR and change the role of the DPR, which was previously only tasked with discussing and approving draft laws made by the President. The authority to make laws, which was previously in the hands of the President, was transferred to the DPR, a constitutional step to properly place the functions of state institutions in accordance with their respective fields of work, namely the DPR as a law-making institution (legislative power).

The Constitution also regulates the President's power in the legislative field, including the provision that the discussion of each draft law (RUU) by the DPR is carried out jointly with the President. Article 20A emphasizes the functions of the DPR, namely legislative, budgetary and supervisory functions. The legislative function emphasizes the position of the DPR as a legislative body that exercises the power to form laws. The budget function emphasizes the position of the DPR to discuss (including amending) the Draft State Budget (RAPBN) and establish the State Budget (APBN) designated for the welfare of the people.

•  Regional Representative Council

The changes that occurred in the 1945 Constitution of the Republic of Indone             sia gave birth to a new institution in the Indonesian constitutional structure, namely the House of Regional Representatives (DPD). DPD in the Indonesian representative system, the existence of DPR is supported and strengthened by DPD. DPR is a representative institution based on the aspirations of the people as the holder of sovereignty, while DPD is a representative institution that channel the diversity of regional aspirations.

DPD has limited functions in the field of legislation, budget, supervision, and consideration. The function of DPD is closely related to the system of mutual supervision and balancing in the Indonesian constitutional system. The legislative authority of DPD is to be able to propose to DPR and participate in discussing draft laws related to regional autonomy, central and regional relations, formation, expansion, and merger of regions, management of natural resources and other economic resources, as well as those related to central and regional financial considerations.

DPD oversees the implementation of various laws that are discussed and given consideration by DPD.  However, the supervisory authority is very limited because the results of the supervision are only submitted to DPR for consideration and follow-up. DPD members have the same position and authority as DPR when convened as members of the MPR, both in the amendment of the Constitution, dismissal of the President, and Vice President.

• President

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)

BPK is a state institution with the task of examining the management and financial responsibility of the state whose examination results are notified to DPR, DPD and DPRD in accordance with their authority, this agency is independent of the influence and power of the government but does not stand above the government.

The duties and powers of BPK are:

1. Examine state finances freely and independently.

2, The results of the examination are submitted to the House of Representatives, the Regional Representatives Council, and the Regional Representatives Council.