Abstract
<p>People’s Consultative Assemly (hereinafter reffered to <em>MPR</em>) membership consisting of members of the House of Representative (hereinafter reffered to <em>DPR</em><em>)</em> and Regional Representative Council (hereinafter reffered to <em>DPD</em><em>)</em> members indicates that the <em>MPR</em> is still viewed as a representative body of the people because of its membership elected in the general election. The change of position of the People's Consultative Assembly (<em>MPR</em>), then the understanding of the form of popular sovereignty is reflected in three branches of power, namely the representative institution, the President, and the holder of the judicial power. Problem formulation discussed are: 1) How is the position of the People's Consultative Assembly as the implementer of people's sovereignty in Indonesia before the amendment of the 1945 Constitution? 2) How the position of MPR members coming from the <em>DPD</em> after the Amendment of the 1945 Constitution of the Republic of Indonesia. The research method used in this research is Normative Law research method, which uses secondary data. The discussion in this research: 1) the MPR as the executor of the sovereignty of the People in Indonesia, prior to the 1945 amendment, we see in the provisions On Article 1 paragraph (2) of the 1945 Constitution stipulates that: "Sovereignty is in the hands of the people, and carried out according to the law basic". In the above article it contains three meanings, namely: a). The sovereignty of the people is implemented by all state institutions established in the Constitution, b). The sovereignty of the people must be subject to the constitution, c) constitutional supremacy. People's sovereignty is limited by the rules of the Constitution and constitutional democracy. 2) Position of MPR members originating from DPD after the Amendment of the 1945 Constitution of the Republic of Indonesia. After the fourth amendment of the 1945 Constitution, (hereinafter referred to as the 1945 Constitution of the Republic of Indonesia), there is a fairly fundamental change in both the state administration system and the state institutions in Indonesia .</p>
Highlights
The presence of Majelis Permusyawaratan Rakyat (MPR) in the representation system is seen as a distinctive feature of the democratic system in Indonesia
MPR membership consisting of members of the DPR and DPD members indicates that the MPR is still viewed as a representative body of the people because of its membership elected in the general election
With the change of the position of the MPR, the understanding of the sovereignty of the people is reflected in the three branches of power namely the representative institutions, the President, and the holder of judicial power.As an institution, the MPR has the authority to amend and enact the Constitution, elect President and / or Vice President in case of vacancy President and / or Vice President, inaugurating the President and / or Vice President, and the authority to dismiss the President and / or Vice President according to the Constitution
Summary
With the change of the position of the MPR, the understanding of the sovereignty of the people is reflected in the three branches of power namely the representative institutions, the President, and the holder of judicial power.As an institution, the MPR has the authority to amend and enact the Constitution, elect President and / or Vice President in case of vacancy President and / or Vice President, inaugurating the President and / or Vice President, and the authority to dismiss the President and / or Vice President according to the Constitution. Because of the position of the MPR as a state institution, if the MPR disputes with other state institutions which have the same authority determined by the Constitution, the conflict must be resolved by the Constitutional Court
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