THE AUTHORITY OF THE PEOPLE'S CONSULTATIVE ASSEMBLY IN MAKING OUTWARD REGULATING PROVISIONS AFTER THE AMENDMENT OF THE 1945 CONSTITUTION

Abstract

Purpose: Along with the reform era, amendments to the 1945 Constitution were carried out which made the MPR a state institution that was equal in position with other state institutions, no longer the incarnation of all Indonesian people who exercised fully people's sovereignty. The People's Consultative Assembly (MPR) as a representative institution has "as if" lost its authority to make provisions that are externally regulating. For this reason, the author conducted research on the Authority of the People's Consultative Assembly in Making Provisions that Regulate Outwardly After the Amendment of the 1945 Constitution. Theoretical Reference: To be able to analyze related issues under study, the author uses Authority Theory as a tool for analyzing existing data. Method: The research was conducted using normative juridical research with a statutory approach. Therefore, the data used are secondary data sourced from primary, secondary and tertiary legal materials. Results and Conclusion: From the results of the research conducted, it was concluded that the MPR still has the authority to make provisions that are regulatory outward in nature that are recognized for their existence and have binding legal force as long as they are made on the basis of higher laws and regulations or based on their authority, as stipulated in Article 8 of the Law on the Establishment of Laws and Regulations. Implications of Research: Therefore, the MPR should use this authority to make interpretations of constitutional norms as a reference or reference in examining the Law against the Constitution and references for state institutions in carrying out their duties and authorities derived from the 1945 Constitution. Originality/Value: Until this research was conducted, there had been no research that specifically discussed the authority of the MPR in making regulations that regulate exit based on the provisions of Article 8 of the Law on the Establishment of Legislative Regulations.