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