People's Consultative Assembly Research Articles

The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System

The aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung significantly impacts the Indonesian legal system. There are at least two main influences identified. First, the system of laws and regulations in Indonesia has been structured hierarchically since the enactment of the Temporary People's Consultative Assembly Decree No. XX/1966 up to the present day. However, this hierarchy is not absolute, especially concerning the positions of Perppu and People's Consultative Assembly Decrees. Second, there is a recognized mechanism for reviewing legal norms to ensure their validity, whether through judicial review, political review, or executive review. The hierarchical structure of Indonesia's legal system reflects Kelsen's theory, which posits that law consists of interrelated levels of norms. Each level derives its authority from the norm above it, with the basic norm at the apex, serving as the source of legitimacy for the entire legal system. In the Indonesian context, this basic norm can be identified as the UUD NRI 1945, which underpins all subordinate legislation. The review mechanism for legal norms also illustrates the influence of Kelsen's theory. Judicial review, conducted by the Constitutional Court, assesses whether a law aligns with the Constitution. Political review is undertaken by legislative bodies such as the DPR, which can evaluate and amend legislation. Executive review is carried out by executive bodies, such as the President or ministers, who have the authority to adjust or repeal regulations deemed inappropriate.

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

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.

Democratic Political Law in Indonesia After Amendments to the 1945 Uud

Purpose: The purpose of this research is to find out the implementation of democracy before and after the amendment of the 1945 Constitution. Method: This research uses descriptive normative research methods, normative legal methods in research conducted by researchers by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Results and Conclusion: Amendments to the 1945 Constitution brought about changes in the configuration and status of the Indonesian People's representative institutions. Before the adjustment to the chamber system in Indonesia, this country adhered to a unicameral system where the People's Consultative Assembly held supreme power as the highest state institution and guardian of people's sovereignty. After the amendment to the 1945 Constitution, the People's Consultative Assembly of the Republic of Indonesia underwent a transformation, from an institution that holds the sovereignty of the people to a state institution that is on par with other leading state institutions. Apart from that, the results of the revision of the 1945 Constitution also increased the role of the DPR, especially regarding legislative capacity. The inclusion of the Regional Representative Council (DPD) under the People's Consultative Assembly, alongside the People's Representative Council (DPR) in a parliamentary system, can be linked to the constitutional amendment to the 1945 Constitution. This amendment aims to establish a bicameral system in Indonesia, with the basic aim of encouraging checks and balances between state institutions.

Gratifikasi Sebagai Bentuk Suap Menurut Undang-Undang Nomor 30 Tahun 2001

Efforts to eradicate criminal acts of corruption have become the mandate of the Indonesian nation and have been outlined in the Decree of the Indonesian People's Consultative Assembly (MPR) Number XI/MPR/1998 concerning the Administration of a State that is Clean and Free of Corruption, Collusion and Nepotism. This mandate was then followed up with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. The application of a reversal of the burden of proof system in reporting gratuities in the context of eradicating corruption has been implemented by Malaysia and Singapore. The implementation of the system of reversing the burden of proof in reporting gratuities in Law Number 20 of 2001 is expected to prevent criminal acts of corruption more optimally and effectively, at least reducing the corrupt practices that have occurred so far.

The Effect of Leadership Supervision and Employee Commitment on Employee Performance at the Constitutional Court and Corrections Bureau

The importance of the role of human resources or employees in achieving organizational goals is explained through efforts to improve employee capacity and performance. Employee performance is measured through the achievement of assigned tasks and responsibilities, and to achieve organizational goals, there needs to be organizational supervision and commitment. The purpose of this study is to determine and analyze the effect of leadership supervision on employee performance at the Constitutional Trial and Corrections Bureau at the General Secretariat of the People's Consultative Assembly of the Republic of Indonesia. The results showed that leadership supervision of employee performance at the Constitutional Court and Corrections Bureau, General Secretariat of the People's Consultative Assembly of the Republic of Indonesia, was found to have a significant influence, as indicated by a high correlation level of 0.674. Likewise, employee commitment to the performance of their duties in the same Bureau shows a strong impact on performance, with a correlation coefficient of 0.698. Furthermore, when leadership supervision and employee commitment are considered together, both are proven to have a strong influence on employee performance at the Constitutional Court and Corrections Bureau, General Secretariat of the People's Consultative Assembly of the Republic of Indonesia, with a correlation coefficient reaching 0.746.

Assessing the Probability of Affirmative Action Women’s Quota for Members of the Regional Representative Council (DPD)

Gender quota policies for women in parliament or politics worldwide have developed since the 1990s. Indonesia applies this policy to the House of Representatives (DPR) as a political representation with a 30 (thirty) percent quota. As a fellow national parliamentary institution that is part of the People's Consultative Assembly (MPR), it turns out that there is a policy vacuum for DPD institutions. The vacuum, in addition to illustrating discriminatory practices, can potentially result in a very minimal representation of women in the institution. This study aims to assess the probability of implementing a similar policy for DPD institutions or provide other recommendations that are more appropriate. This research used normative legal research that uses the statute approach, conceptual approach, and comparative approach. Our data is obtained from a literature study and will be analyzed qualitatively. The results of this study, based on the consideration of nomination inequality and patriarchal culture, comparison of other countries, DPD as part of the MPR, Indonesia's bicameral system, and the correlation of Regional Representation and Women's Issues in Indonesia; DPD has several important and relevant arguments for implementing affirmative gender quota policy. However, against these considerations, there are also arguments that are not important and irrelevant, have no significant impact, or are impossible to apply, which is a challenge to implement affirmative policies such as DPR. Therefore, the most appropriate recommendation for DPD is simply through more massive socialization of candidacy by the General Election Commission (KPU) so that the legal culture in the form of awareness of the existence of female DPD members will grow and concerns about the lack of female DPD members can be prevented.

PERGESERAN KEKUASAAN NEGARA BERKAITAN DENGAN KELEMBAGAAN NEGARA SETELAH AMANDEMEN UUD 1945

The purpose of this study is to determine state power related to state institutions that have shifted after the amendment. The research method uses the literature study method. State power related to State Institutions before the amendment of the 1945 Constitution the Constitution was the highest law, but people's sovereignty was given entirely to the People's Consultative Assembly (MPR) (as the Supreme Institution). The MPR distributes its power (distribution of power) to 5 (five) Higher Institutions that are equal in position, namely: the Supreme Court, the President, the DPR, the DPA, and the BPK. After the amendment of the 1945 Constitution: the Basic Law is the highest law, where sovereignty is in the hands of the people and is exercised fully according to the Basic Law. The Constitution provides separation of power to State Institutions with equal and equal positions, namely: MPR, President, DPR, DPD, BPK, MA, and MK. Keywords: State Power; State Institutional Relations.

Pendampingan Perumusan Penggunaan Nomenklatur “Putusan” Jenis Produk Hukum MPR RI

The purpose of this service activity is to analyze whether the MPR's authority over the form of "ruling" is still relevant or not. This activity uses the Focus Group Discussion (FGD) method facilitated by the MPR RI Secretariat Assessment Board on November 2, 2023 at the Fieris Kertajati Hotel, Majalengka Regency. The results obtained that the MPR RI has two types of products that are regeling and beschiking as regulated in other regulations. The provisions of the People's Consultative Assembly of the Republic of Indonesia are no longer a hierarchy of Indonesian laws and regulations because they are more of a beschiking decision that does not have basic norms like the basic norms owned by the Law, as for the legal design loophole, if the MPR RI still needs its exsistence, it must reposition the MPR RI as an institution that has the basic norms of Indonesian law under the 1945 Constitution as the main basic norm of nation and state.

The Relevance of Presidential Threshold Implementation in the 2024 Concurrent Elections

The strengthening of the presidential system of government in Indonesia was carried out after the amendment of the 1945 Constitution from 1999-2002. The affirmation of this presidential system is manifested, one of which is that the President is not a mandatary of the People's Consultative Assembly anymore. This is in line with the commitment of the Indonesian nation to realise a democratic rule of law. The president as the head of government is directly elected by the people. The first direct presidential election was held in 2004. In presidential elections, a threshold is applied known as the Presidential Threshold. In the 2024 election, the presidential threshold provision is still maintained where the pair of presidential candidates proposed by a political party or a combination of political parties participating in the election who meet the requirements of obtaining at least 20% of the total DPR seats or obtaining 25% of the valid votes nationally in the previous DPR member election. Presidential threshold in elections in Indonesia raises pros and cons. On the one hand, the presidential threshold can simplify political parties so as to strengthen the presidential system. In addition, the implementation of the presidential threshold can realise government stability, especially in relations between executive and legislative institutions. But on the other hand, the application of the presidential threshold in simultaneous elections needs to be reconsidered because it is based on the votes in ,the previous election. This is allegedly able to reduce the people's right to nominate alternative presidential candidates.

The Reformulation of Government Regulations in Lieu of Law: Constitutional Court's Decision Perspective

The President's issuance of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation represents a deliberate endeavor to operationalize and further refine the previously ratified Job Creation Law. The objective of this research is to provide a lucid comprehension of the formulation of the Regulations in Lieu of Law that adheres to the Constitutional Court's directives. This paper employs normative legal research methodologies, incorporating conceptual, historical, statutory, and jurisprudential analyses to scrutinize extant legal quandaries concerning the urgency and constitutionality of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation. Furthermore, the research yields the proposition that the promulgation of Government Regulation in Lieu of Law No. 1 of 2022 on Job Creation, vis-à-vis Constitutional Court Decision No. 91/PUU-XVIII/2020, may be regarded as a departure from the constitutional imperatives articulated in Constitutional Court Decision No. 91/PUU-XVIII/2020. Furthermore, concerning the reformulation of provisions governing the issuance of a Regulation in Lieu of Law by the President within the national legislative framework, a predicated state of emergency is a requisite antecedent. The President is obligated to communicate this state of emergency to the Indonesian People's Consultative Assembly and the public before promulgating the Regulation in Lieu of Law.

Tinjauan Hukum Terkait Kedudukan Calon Legislatif Mantan Tindak Pidana Korupsi Dalam Perspektif Hak Asasi Manusia

Indonesia is a democratic state where the exercise of sovereignty is no longer directly entrusted to the people but to representatives of the people chosen through general elections. Here, all Indonesian citizens have the right to participate either as voters or candidates in legislative elections, including former corruption convicts. However, in practice, Regulation No. 20 of 2018 by the General Election Commission on the Nomination of Members of the People's Consultative Assembly, Regional Representative Council of the Province, and Regional Representative Council of the Regency/City limits the candidacy rights of former corruption convicts. Consequently, this General Election Commission Regulation contradicts the fundamental Human Rights principles upheld by Indonesian citizens. This research focuses on two aspects: examining and elucidating the legal status of former corruption convicts from the perspective of Human Rights and the legal regulations related to the legislative candidacy of former corruption convicts in General Election Commission Regulation Number 20 of 2018, viewed from the perspective of Human Rights. This research employs a normative juridical research method or doctrinal. The research findings indicate that former corruption convicts have the same legal status as ordinary citizens, namely equal standing in the eyes of the law. The Law No. 39 of 1999 on Human Rights and the 1945 Constitution protect the legal status of former convicts. Furthermore, the legal regulations regarding legislative candidacy for former corruption convicts in Article 4, paragraph (3) of General Election Commission Regulation No. 20 of 2018 are againts Human Rights. Especially in the Law on Human Rights, the 1945 Constitution, Constitutional Court Decisions, and Supreme Court Decisions.

Judicial Review of the 1945 Constitution of the Republic of Indonesia against Pancasila

Indonesia is a state of law that strongly holds the rule of law as a place to regulate all forms of running the constitutional system in Indonesia, in the theory put forward by Adolf Merkl which was systematically elaborated by Hans Klesen and refined by Hans Nawiasky states that norms in each country must be tiered, the highest norms being the source and norms of criticism for the norms below them. The practice in Indonesia so far is that regulations whose hierarchy is under the Law (autonome satzung) are tested to the Law (fomale gesetz), while the Law itself is tested to the Basic Law (staatgrund gesetz), but never at all the Basic Law is tested to Pancasila as a fundamental state norm (staatsfundamentalnorm). So that in this study will be sought the answer to how to test the constitution against Pancasila as a fundamental state norm in Indonesia and what institutions are authorized to carry out such testing. To find answers to problems in this study, researchers use two kinds of approaches, namely the statutory approach (Statue Approach) and the Conceptual Approach (Conceptual Approach). Researchers also use the research method used is normative juridical. The results showed that the constitutional examination of Pancasila can be carried out, and the institution authorized to do so is the People's Consultative Assembly with a legislative review mechanism.

Strategi Badan Pengawas Pemilihan Umum Kabupaten Jombang Dalam Mencegah Pelanggaran Pemilihan Umum 2019

Elections are aimed at electing members of representative councils, such as the DPR, DPD and DPRD. After the IV amendment to the 1945 Constitution was implemented in 2002, the President and Vice President Election (Pilpres), which initially used the MPR (People's Consultative Assembly), was agreed to be carried out directly by the people. The 2004 presidential election was the first direct presidential election. Then the second in 2009. The third Presidential election was held directly in 2014. This activity is carried out every five (5) years (Anugerah.Thesis.2017:2018). This research aims to find out and understand what strategies Bawaslu Jombang implemented in an effort to prevent violations in the 2019 Election. The research method used was descriptive qualitative, using informants in this research who were the chairman, secretary and members of Bawaslu Jombang Regency.

Efektivitas Undang-Undang Dasar Tahun 1945 terhadap Mekanisme Checks and Balances dan Pemakzulan Presiden atau Wakil Presiden dalam Perspektif Hukum Tata Negara

The 1945 Constitution of the Republic of Indonesia outlines the impeachment mechanism. This Constitution outlines that the procedure for impeaching the president and vice president must be mandated by the People's Representative Council (DPR) to the People's Consultative Assembly (MPR). It is important to acknowledge that the current impeachment process upholds the principle of checks and balances of direct presidential elections. The impeachment decision of the current president and vice president cannot strengthen the rule of law when the Constitutional Court (MK) determines that the president or vice president has violated the Constitution. This research aimed to find out the impeachment mechanism outlined in the 1945 Constitution with the principle of the supremacy of constitutional law. This research included a qualitative method by focusing on the problematic effectiveness of the 1945 Constitution on the check and balance mechanism and the impeachment of the president and vice president from the constitutional law perspective. The check and balance mechanism aims to create a democratic government. Check and balance is a principle controlling and maintaining state institutions' balance. The results revealed that the 1945 Constitution's mechanism for impeaching the president or vice president was relatively ineffective because the rule of law and the constitutional judicial mechanism were still handled by the political mechanism. Consequently, the check and balance mechanism did not occur in this process. The characteristic of impeachment as a control causes impeachment cannot to be implemented following the rule of law, which was an indicator that the check and balance mechanism had been unbalanced by the Constitutional Court's decision, which was used to create a legal mechanism that was not explicit and binding on the MPR and the 1945 Constitution.

Politik Hukum Pembuktian dalam Penyelesaian Sengketa Konsumen di Indonesia

Guidelines (GBHN) of Indonesia, including through the Decree of the People's Consultative Assembly (TAP MPR) No. II of 1988. Consumer protection is regulated by Law No. 8 of 1999 concerning Consumer Protection. Repressive protection is an effort to restore the losses suffered by consumers. In any consumer dispute resolution process, evidence is required. Under the Consumer Protection Law (UUPK), the burden of proof is shifted, as stipulated in Articles 19, 22, 23, and 28, where the burden of proof falls on the business entity obligated to prove its innocence. Evidence in civil procedure law is regulated in Article 163 of the HIR/283 RBg, following the ordinary burden of proof. This leads to a lack of harmony in the regulations, which can result in confusion and legal uncertainty in its implementation. This can hinder the achievement of the goals of consumer protection. Legal policy is the direction of future legal regulations, so when making laws, it is necessary to refer to Indonesia's legal policy. Based on the above reasons, the research problem in this study is how evidence is handled in the resolution of consumer disputes from the perspective of Indonesian legal policy. The research method used is normative. In conclusion, in the legal policy of consumer protection, especially in the dispute resolution process, there is a need for harmonization between the Consumer Protection Law (UUPK) and future civil procedural law to ensure legal certainty.

The Urgency of Returning the People's Consultative Assembly Authority in Determining the Outlines of the Nation’s Direction

The role of the MPR after the amendments to the 1945 Constitution carried out in the reform era has reduced most of the power of the MPR which was originally as an implementation of people's sovereignty, as stipulated in Article 1 paragraph (2) of the 1945 Constitution. As a result, the MPR of the Republic of Indonesia showed that as an permanent state high institution, although they continue to function as ad hoc organizations. Furthermore, the government's development became unsure and tended to be chaotic after the Indonesian People's Consultative Assembly abolished the power to define the country's direction, prioritizing only the five-year political program. By placing restrictions on the drafting of these provisions, restoring the People's Consultative Assembly of the Republic of Indonesia's power to make decisions, it is hoped that it will become a function of social control of the Citizen. Based on the description above, the following problems are formulated: 1. The urgency of returning the MPR's role to make decisions as a function of citizen social control. 2 Restore the authority of the MPR to make the outlines of the nation’s direction as a guideline for state development. In order to discuss this, a historical approach, a statutory approach, and a conceptual approach are combined with a normative legal research methodology.

Convergence of Constitutional Interpretation to the Test of Laws Through a Constitutional Dialogue Approach

The Constitutional Court's presence yields positive impacts on constitutional law, yet isn't devoid of controversies, including Judge misconduct, transgression of 'nemo judex idoneus in propria causa' principle, and potential super body transformation. This paper aims to comprehend and analyze constitutional interpretation dominance in assessing laws against the 1945 Constitution through a constitutional dialogue approach. This normative writing employs legal, historical, and conceptual methods. Findings underscore: 1) Demonstrating respect for state institutions, notably the People's Consultative Assembly of Indonesia. 2) Establishing a more democratic system to test the 1945 Constitution's compatibility in the Constitutional Court. 3) Breaking the monopoly of Constitutional Court-centric constitutional interpretation. 4) Reviving 'nemo judex idoneus in propria causa' principle is pivotal due to extensive testing of Constitutional Court Law, addressing concerns about verdict impartiality.

Convergence of Constitutional Interpretation to the Test of Laws Through a Constitutional Dialogue Approach

The Constitutional Court's presence yields positive impacts on constitutional law, yet isn't devoid of controversies, including Judge misconduct, transgression of 'nemo judex idoneus in propria causa' principle, and potential super body transformation. This paper aims to comprehend and analyze constitutional interpretation dominance in assessing laws against the 1945 Constitution through a constitutional dialogue approach. This normative writing employs legal, historical, and conceptual methods. Findings underscore: 1) Demonstrating respect for state institutions, notably the People's Consultative Assembly of Indonesia. 2) Establishing a more democratic system to test the 1945 Constitution's compatibility in the Constitutional Court. 3) Breaking the monopoly of Constitutional Court-centric constitutional interpretation. 4) Reviving 'nemo judex idoneus in propria causa' principle is pivotal due to extensive testing of Constitutional Court Law, addressing concerns about verdict impartiality.

Peran Subbagian Advokasi Dan Dokumentasi Hukum Sekertariat Jenderal Dalam Penyelesaian Sengketa MPR RI

This journal is motivated by the idea that the role of advocacy in dispute resolution is needed as an advocate who acts as an advisor or defender of cases in court. As one of the people's representative bodies or the legislature of the People's Consultative Assembly consisting of members of the People's Representative Council and Regional Representative Councils elected through general elections, it is certainly not spared from the many disputes or cases submitted by the community who are increasingly critical of existing policies to the court. In dispute resolution, the People's Consultative Assembly requires the role of the legal section, especially the advocacy subdivision and legal documentation to carry out its duties and functions as an advocate. Which plays a role in providing Exepsies, Duplik, Replications, Submitting evidence against claims by legal entities in court to obtain a decision with permanent legal force.

THE PROBLEM OF THE RE-EXISTENCE OF MPR DECREES AS A TYPE AND HIERARCHY OF LEGISLATION IN INDONESIA

The Decree of the People's Consultative Assembly, also known as MPR Decrees, contains decisions made by the People's Consultative Assembly. The presence of MPR Decrees has undergone various system dynamics within the hierarchical order of legislation in Indonesia. Law Number 12 of 2011 on the Formation of Legislation reintroduces MPR Decrees as a type and hierarchy of law and regulation, reversing the previous law, Law Number 10 of 2004, which abolished the MPR Decrees from the structural hierarchy. The re-existence of MPR Decrees in the Indonesian legislative system has implications for the order and position of these decrees in the state administration system. This research adopts a normative research method, utilizing a statutory approach as the primary legal material and secondary legal materials such as books, journals, and other sources for analysis. The findings of this study indicate that the re-existence of MPR Decrees creates ambiguity in the validity of the MPR within the state administration system, considering that MPR Decrees originated before the reform or amendment of the 1945 Constitution, when the MPR held a higher position as a state institution. Furthermore, there is no authorized judicial institution to test the MPR Decrees if they are suspected of violating the provisions of the Constitution of the Republic of Indonesia.