Definition, Functions and Distribution of State Institutions

Definition, Functions and Distribution of State Institutions – In managing a country, there will definitely be state institutions. The existence of these state institutions can help carry out their functions, with the aim of advancing the nation and state.

Therefore, the existence of state institutions is an important element in the establishment of a state.

Different countries have different state institutions. This is adjusted to the needs of the people in the country concerned.

Then, what exactly is the meaning of state institutions? What is its function for the survival of a country?

Come on, see the explanation about the following state institutions!

Definition of State Institutions

According to Dewi Oktaviani, state institutions are government institutions located at the center whose duties, functions and authorities are expressly regulated in laws.

Simply put, state institutions are government institutions ( Civilized Organizations ) created by the state, from the state, and for the state, in order to achieve the goals of the state.

In state institutions, its members also help maintain the stability of their performance in order to achieve the country’s goals.

According to George Jellinek, state institutions are divided into two major parts, namely 1) direct state equipment ( unmittebare organs ), and (2) indirect state equipment ( mitterbare organs ).

There are several state institutions in Indonesia, namely the legislative, executive and judicial institutions. However, the existence of state institutions in a country is not only limited to these three institutions.

The existence of state institutions in Indonesia is fully regulated by the 1945 Constitution and other laws and regulations. Thus, the position of every state institution in Indonesia depends on the authority, duties and functions granted by the 1945 Constitution.

Duties of State Institutions in General

  1. Maintain security, political, legal, Human Rights and cultural stability in the country concerned.
  2. Creating a conducive, safe, and harmonious country environment.
  3. Maintain liaison between the state and the people.
  4. Become a source of inspiration and aspirator of the people.
  5. Help run the wheels of state government.
  6. Eradicate acts of corruption, collusion and nepotism (KKN).

Distribution of State Institutions in Indonesia

Indonesia as a democratic country, runs the government by applying the trias politica theory . Trias Politica is the division of government power into three areas with equal positions. The three fields are Executive, Legislative and Judiciary.

  1. The executive, in charge of implementing and implementing legislation, namely the President and vice president, along with the ministers.
  2. Legislature, tasked with making laws, namely the People’s Representative Council (DPR)
  3. Judiciary, tasked with maintaining the implementation of legislation, namely the Supreme Court (MA) and the Constitutional Court (MK).

Functions of State Institutions in Indonesia

Previously, it was written that the existence of state institutions is one of the important elements in a state. Based on the application of the trias politica , there are three state institutions in Indonesia, namely the Executive, Legislative and Judiciary institutions.

What are the duties, powers and functions of the three institutions?

Come on, see the following explanation so that you understand it better!

Executive Agency

The executive branch is a governmental institution whose function is to implement the laws stipulated by the legislature. In countries that adopt democratic government, usually the executive branch consists of the head of state, either the king or the president, accompanied by ministers.

In Indonesia, the executive branch is the MPR (People’s Consultative Assembly), the President and Vice President, and the ministers.

1. MPR (People’s Consultative Assembly)

Prior to the Amendment to the 1945 Constitution, sovereignty in the hands of the people was fully exercised by the MPR, therefore the MPR was often referred to as the “highest state institution” with authority under the Constitution.

However, after the Amendment to the 1945 Constitution, people’s sovereignty was no longer exercised by the MPR, but carried out “according to the Constitution”.

Members of the MPR are a combination of members of the DPR (People’s Representative Council) and DPD (Regional Representative Council) who are elected by the people through an election process. Provisions regarding the number of members have been regulated in the Act.

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The MPR holds a session at least once in five years. The most “visible” authority of the MPR is to inaugurate the President and Vice President who have been elected by the people through an electoral process.

Based on Article 3 Paragraph 1 of the 1945 Constitution, the MPR has the following duties and powers:

  • Amend and establish legislation
  • Appoint the president and vice president
  • Dismissing the president and vice president during their term of office according to the Constitution

MPR members in carrying out their duties and powers, have certain rights, namely:

  • Submit proposals related to amendments to articles in the law
  • Determine attitudes and choices in the decision-making process
  • Choose and be chosen
  • Self-defense
  • Immunity (the right to carry out their duties and authorities without being prosecuted in court)
  • Protocol (the right to obtain respect in relation to his position)
  • Financial and administrative

 

 

 

2. President

Prior to the Amendment to the 1945 Constitution, the president was elected by the MPR. However, after there was an amendment to the 1945 Constitution, the president and his deputy were elected by the people through elections.

The president and his deputy serve a five-year term and may be re-elected only once in the next general election.

The president is the head of state as well as the head of government. As a head of state, the president has the authority regulated by the 1945 Constitution, namely:

  • Make agreements with other countries with the approval of the DPR (People’s Representative Council)
  • Appoint ambassadors and consuls to be stationed in the capitals of other countries and the state of Indonesia.
  • Receive ambassadors from other countries.
  • Giving titles, decorations, and honors to citizens, both Indonesian citizens and foreign citizens who have contributed.

Meanwhile, as the head of government who administers state government, the President has the following rights and obligations:

  • Holds government power based on the 1945 Constitution
  • Submitting the Draft Law (RUU) to the DPR
  • Establish government regulations
  • Uphold and implement the Constitution
  • Granting clemency (pardoning convicts) and rehabilitation (restoration of the accused person’s good name) based on the considerations of the Supreme Court (MA)
  • Provide amnesty (reduction of prison sentences) and abolition (cancellation of criminal charges) based on the DPR’s considerations.

Apart from acting as the head of state and head of government, the president is also the commander-in-chief of the armed forces, so he has the following powers:

  • Declare war, make peace with other countries on the basis of the approval of the DPR
  • Making international agreements based on the approval of the DPR
  • Declare a state of danger to a situation and condition that takes place in the country.

Legislative Institution

The legislature is a government institution that has a general function in making laws. This legislative body has several legislative functions and control functions.

In Indonesia, the legislative body is the People’s Representative Council (DPR).

1. DPR (House of Representatives)

Members of the DPR come from political parties that are elected by the people through an electoral process. The DPR is located at the central level, while those at the provincial and district/city levels are the DPRD (Regional People’s Representative Council).

The duties and authorities possessed by the DPR are as follows,

  • Forming legislation that is discussed with the President
  • Provide approval of regional regulations in lieu of laws
  • Receive and discuss the Bill (Draft Law) submitted by the DPD
  • Considering the DPD on the draft APBN Law relating to taxes, education, and religion
  • Establish the APBN (State Income and Expenditure Budget) with the President by taking into account the considerations of the DPD
  • Select members of the Audit Board of the Republic of Indonesia with consideration of the DPD
  • Choose three candidates for members of the constitutional justices and submit them to the President
  • and others

In carrying out these duties and authorities, the DPR has certain rights, namely:

  • Right of Interpellation, namely the right to ask for information from the President
  • Right of Inquiry, namely the right to conduct an investigation of a government policy
  • Right of Initiative, namely the right to submit a Draft Law to the government
  • Amendment Right, namely the right to make changes to the Draft Law
  • Budget rights, namely the right to submit a RAPBN (Draft State Revenue and Expenditure Budget)
  • Right to Petition, namely the right to ask questions about government policy
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Article 20A of the 1945 Constitution states that the DPR holds the highest authority in forming legislation. Therefore, the DPR has 3 important functions, namely:

  • Legislative function, namely the DPR as a legislature maker with the President
  • The function of the Budget, namely the DPR as the holder of authority in determining the APBN proposed by the President
  • Oversight function, namely the DPR supervises the running of government.

The DPR holds a meeting at least once a year.

2. Regional Representative Council (DPD)

DPD members consist of representatives from the provinces who have been selected through an electoral process. DPD membership is inaugurated by presidential decree and takes place in his constituency.

DPD members are not from political parties, but from social organizations. The term of office for the DPD is five years.

Based on Article 22D of the 1945 Constitution, DPD members have the following powers:

  1. Submitting draft laws to the DPR relating to regional autonomy, central and regional relations, formation, expansion and merger of regions, management of natural resources, and central regional finance.
  2. Provide consideration to the DPR on the draft law on the state budget and bills related to taxes, education and religion.
  3. Supervise the implementation of these matters and report it to the DPR.

Judicial Institution

The judiciary is a government institution authorized to interpret the contents of laws and provide sanctions for violations of their implementation.

In its implementation, the judiciary must be free from the interference of the executive branch. This is so that law enforcement and justice are not one-sided or too partial.

1. Supreme Court (MA)

The Supreme Court (MA) is the holder of the highest judicial authority in all judicial environments. The MA institution is chaired by a Supreme Court Justice who is assisted by several other judges.

The Supreme Court justices were proposed by the DPR from the Judicial Commission’s proposals. MA institutions have their own obligations and authorities, namely:

  1. Tries at the cassation level, examines laws and regulations, and other powers granted by law
  2. Nominate three members of the constitutional justices
  3. Give consideration to clemency and rehabilitation proposed by the President

2. Constitutional Court (MK)

The Constitutional Court has the authority to exercise judicial power within the general, military, religious and state administration courts. The Constitutional Court has the authority to try at the first and last levels.

In the Constitutional Court, there are 9 constitutional judges who have been appointed by the President. The following are the duties and functions of the Constitutional Court:

  1. Examine laws against the Constitution
  2. Deciding disputes over the authority of state institutions whose powers are granted by the Constitution
  3. Decide the dissolution of political parties
  4. Resolve disputes regarding election results

 

 

 

3. Judicial Commission (KY)

This Judicial Commission (KY) institution was formed to oversee the behavior of judges and dirty practices in the process of administering justice.

In the 1945 Constitution (amended), the position of the Judicial Commission is independent, whose existence is formed and dismissed by the President with the approval of the DPR.

 

 

 

New Independent Institutions

1. The Supreme Audit Agency (BPK)

The BPK institution is a state institution that holds power in the field of auditors. BPK certainly has the main task of examining and managing state finances.

The results of the inspection of BPK institutions will be submitted to the DPR, DPD and DPRD in accordance with their authority. Members of the BPK are elected by the DPR and inaugurated by the President.

The BPK institution is based in the national capital and has representatives in each of its provinces.

2. Corruption Eradication Commission (KPK)

This institution was formed through the 1945 Constitution No. 30 of 2002 concerning the eradication of criminal acts of corruption.

The establishment of the Corruption Eradication Committee (KPK) is the government’s response to public pessimism about the performance and reputation of the prosecutor’s office and the police in eradicating corruption.

3. National Commission on Violence Against Women (Komnas Perempuan)

This Komnas Perempuan institution was founded in 1998 based on presidential decree No. 181 of 1998. This institution is independent as a form of national effort to eliminate violence against women.

Komnas Perempuan is a form of the government’s answer to the demands of civil society, especially women, in dealing with issues of violence.

In carrying out their duties and authorities as well as obtaining certain rights, members of state institutions still have the obligation to practice Pancasila and the 1945 Constitution. In addition, they are also obliged to prioritize the interests of the people over their personal interests.