Abstract
The legal politics of the inquiry rights of the House of Representatives post 1945 constitutional amendment is to strengthen the position and function of the House of Representatives. The strengthening of the House of Representatives function in the regulation of inquiry rights is proven by the existence of regulation of the function of the House of Representatives' supervision of the inquiry rights in Article 20 A paragraph (2) second amendment o 1945 constitution. Prior to 1945 constitutional amendment, the oversight function of the House of Representatives was only regulated in the description of the 1945 Constitution. The oversight function of the House of Representatives regulated in the description of the 1945 Constitution was still in general. The regulation of the House of Representatives’ function in the description of the 1945 Constitution does not explicitly mention the types of supervision from the House of Representatives, inquiry rights, interpellation rights or the right to express opinions. One of the objectives of People's Consultative Assembly in conducting the amendment of the 1945 Constitution was to emphasize the presidential system; the 1945 Constitution prior to amendment does not follow a presidential system purely. The choice to reinforce the presidential system is to build a stable government. The regulation of the inquiry rights of the House of Representatives is considered by some Indonesian constitutional law experts to be counterproductive if it is associated with the purpose of amending the 1945 Constitution to reinforce the presidential system. Some experts argue that inquiry rights are common in countries that adopt a parliamentary system, because the right of inquiry is one of the main characteristics of a parliamentary system, whereas in a country that adheres to a presidential system the inquiry rights is unusual. The methods used in this paper include the comparative method. The comparison with the United States, which is the first country the first country to adopt a presidential system, then it can be seen that in the constitutional system in the United States also recognizes the authority of the Congress to conduct a supervision on the government’s performance or known as Congressional Oversight. Keywords : The Legal Politics, The Inquiry Rights, Post 1945 Constitutional Amendment DOI : 10.7176/JLPG/85-14 Publication date :May 31 st 2019
Highlights
The authority without a supervision will make the authority tend to be deviant
Opposition MPs conducted an investigation based on the reason that the government's actions in handling this case were unsatisfactory Based on the comparison from several countries, including the country adopting the presidential system, www.iiste.org namely the United States and the countries that adhere to a parliamentary system, namely the United Kingdom, and the Netherland, the authors can extract the basic differences between the countries above from Indonesia which are based on 1945 Constitution post-amendment in the field of the parliamentary supervision, inquiry rights
The United States has been a reference in the implementation of the presidential system, which has an oversight function similar to the inquiry rights
Summary
The authority without a supervision will make the authority tend to be deviant. Lord Acton stated that Authority tends to corrupt; absolute authority tends to corrupt absolutely. The functioning of supervision on executive by both legislative and the court will be highly determined by the legal political direction of the country that is constitution. After the second amendment of the 1945 Constitution, the inquiry rights of Indonesian House of Representatives obtained an explicit regulation. In Article 20 A paragraph (2) the second amendment to the 1945 Constitution was stated: "in addition to the rights stipulated in other articles of this Constitution, the House of Representatives has interpellation rights, inquiry rights and the right to express opinions." Regulation of inquiry rights in Article 20 A paragraph (3) this is not explained regarding definitive inquiry rights. This paper is entitled "The legal politics of inquiry rights of the House of Representatives of the Republic of Indonesia after the Amendment to the 1945 Constitution”
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