Constitutional law

Course : Constitutional law Lecture : Hary Credit Hours : 3 Credits Semester Sessions : 1 Semester, 2021/2022 Session Prepared By : Peggy LECTURE NOTES After the overall amendment to the 1945 Constitution, completeness or institutional are the MPR, DPR, DPD (Law NO 17 of 2014 last amended by UU NO 2 of 2014). 2018), PRESIDENT, MA (UU NO 14 TH 1985), MK (UU NO 24 TH 2003), and BPK (UU NO 15 Th 2006), the position of each institution is equivalent, namely as an institution the height of countries that have a correlation with each other in carrying out the check and function balances between these higher institutions. The first to be discussed is the Executive Board. In the constitutional in Indonesia, as stated in the 1945 Constitution, that executive power carried out by the president who is assisted by the vice president in carrying out their duties. After the amendment, the president is no longer responsible to the MPR and position between the president and the MPR are equal. As the head of state, the president is a symbol the official state of Indonesia in the world, as head of government the president is assisted by para minister in the cabinet. Executive power is interpreted as related power with the implementation of the will of the state and the implementation of laws. In a democracy the will of the state is expressed through law. The main task of the Executive institution is to enforce the law. Executive power covers several areas as follows ; 1. Diplomatic, namely conducting diplomatic relations with other countries. 2. Administrative, namely implementing laws and other regulations, andcarry out state administration. 3. Military, which regulates the armed forces, organizes war, 4. Judicial, namely granting clemency, amnesty, and so on. 5. Legislature, namely drafting laws that are submitted to the legislative body, and make rules. The second is the Legislative Institution in Indonesian constitutional institutions The legislature is represented in three institutions, namely the MPR, DPR and DPD. People's Representative Council, Before the 1945 Constitution was amended, the MPR had its seat as the highest state institution. However, after the 1945 Constitution the term supreme institution there is no state, there are only state institutions. DPR is an internal state institution Indonesian constitutional system which is a people's representative institution and has the power to make laws. The DPR has legislative, budgetary and other functions supervision. And finally the Regional Representative Council (DPD) is a a new institution after the amendment to the 1945 Constitution. DPD is a state institution in constitutional system of the Republic of Indonesia which is representative of the province. The third is the Judiciary Institution, the amendments to the 1945 Constitution have brought changes in constitutional life in the exercise of judicial power. Based on these changes it is emphasized that the judicial power is exercised first by the supreme court and the judicial bodies under it in the general court environment, religion, military, and state administration. Second by constitutional court. In addition to changes regarding the administration of power judiciary, the 1945 Constitution also introduces a new institution related to the administration of judicial power, namely the Judicial Commission (KY), this institution is independent, and has the authority to propose the appointment of Supreme Court judges, and also has other authorities in order to uphold the honor, nobility, and the behavior of judges. Following are the types of Judicial Institutions: 1. The Supreme Court (MA) is one of the judicial powers in Indonesia. The Supreme Court is the highest court in our country. Need to know that the judiciary in Indonesia can be divided into general courts, religious courts, military court, and state administrative court (PTUN). Court duties Agung is overseeing the course of the law and giving sanctions against any violation of the law. The chairman and deputy chairman of the Supreme Court are elected of and by the Supreme Court justices. 2. Meanwhile the Constitutional Court (MK) is a new institution which introduced by the third amendment of the 1945 Constitution or after the amendment. Wrong one that led to the birth of this institution is, because it no longer exists the highest state institution. So if there is a dispute between institutions state level, a special institution that handles disputes is needed known as the Constitutional Court (MK). Constitutional Court domiciled in the national capital 3. The Judicial Commission (KY) is a state institution that is independent and deep in nature exercise of authority free from interference or influence of power others. The formation of a judicial commission in the judicial structure in Indonesia, is so that citizens outside the institution of the official structure of parliamentary institutions can be involved in the hiring process, performance appraisal, and contingency judge dismissal. It is meant to guard and uphold honor, nobility, and the behavior of judges in the context of realizing it truth and justice based on the one and only God. 4. In accordance with its function as a financial audit agency, BPK on basically it is closer to carrying out the function of parliament, because it is a working relationship BPK and parliament are very close. BPK can even be said to be a good partner closely for the DPR, especially in overseeing the performance of the relevant government with matters of finance, and the wealth of the country. BPK is a state institution that has the authority to examine financial management and responsibility country. According to the 1945 Constitution, BPK is a free and independent institution.