Legislative Power Is: The Definition and Functions of the Institution

Legislative power is – In the process of forming a state, the founders strive to find a standardized form for the system of government of that state. This is done with the aim of developing and building the quality of the country.

So, it can be concluded that the state must fulfill several components that have high potential in order to build the integrity of the country. In general, these basic components have a function as a foundation for building the country. These components are the form of the state, the form of government and the system of government.

The processes that exist in the government system have various functions for the country. The government system has an important role for a country. Countries that do not have a government system, the country will be chaotic, because the country has not determined who will be the leader, who is the highest authority and so on. The government system is divided into three, namely the executive, legislative and judicial institutions. In this article, we will explain about the power of the legislature and the legislature in general.

Legislative power is

Legislative power is the power to formulate or make laws required by the state. The branch of legislative power is a branch of power that can reflect people’s sovereignty, because it is the authority of the people’s representative body or parliament to establish a regulation. In short, the legislative power performs regulatory functions.

In addition, the legislative function also includes the following four things:

  1. Legislation initiative.
  2. Discussion on the draft law.
  3. Approval of the ratification of the draft law.
  4. Give binding approval or ratification of treaties or international agreements and other binding legal documents.

The legislature, legislature or legislature is a deliberative body of government with a brush to make law. The legislature is also known by several names such as congress, parliament and national assembly.

In a parliamentary system, the legislature is the highest body and refers to the executive. In a presidential system, the legislature is the same branch of government and is independent of the executive. In addition to enacting laws, legislatures generally also have the power to raise taxes and impose budgets and other expenditures. Legislatures sometimes also write treaties or decide wars.

Legislative Power in Indonesia 

In Indonesia, examples of legislative power are the People’s Representative Council (DPR) and the Regional Representative Council (DPD). The following describes two examples of legislative power.

House of Representatives (DPR)

In general, DPR members come from political parties that are directly elected by the people by popular vote. The elected DPR will be held at the central level, while those at the provincial or district level are the Regional People’s Representative Council (DPRD). The following are some of the duties and powers that must be carried out by members of the DPR.

  1. Forming laws that have been discussed with the President.
  2. Approval of regional regulations in lieu of laws.
  3. Receive and discuss the issues of the Draft Law (RUU) submitted by the DPD.
  4. Considering the DPD on draft APBN laws that have a relationship with education, taxes and religion.
  5. Establish the State Revenue and Expenditure Budget (APBN) together with the President and take into account the considerations of the DPD.
  6. Select members of the Audit Board of the Republic of Indonesia (BPK) with consideration from the DPD.
  7. Choose three candidates for members of the constitutional justices and submit them to the President.

In carrying out their duties and powers, DPR members have the following rights:

  1. The Right of Interpellation is the right to ask for information from the President.
  2. The right of inquiry is a right used by members to submit draft laws to the government.
  3. The Initiative Right is the right to submit a Draft Law to the government.
  4. The Amendment Right is the right to make changes to the Draft Law.
  5. The Budget Right is the right that is used to submit the Draft State Revenue and Expenditure Budget (RAPBN).
  6. Petition rights are rights that are used to be able to ask questions about government policies.

Meanwhile, in Article 20A of the 1945 Constitution, the People’s Representative Council holds the highest authority to form legislation. Therefore, the DPR has three important functions, among which are the following:

  1. Legislative function is a function in which the DPR has a role as a legislator together with the President.
  2. The Budget function is a function which plays a role as the holder of power to determine the State Budget proposed by the President.
  3. The Oversight Function is a function of the DPR which has a role to oversee the running of government.

The DPR holds sessions at least once a year.

Regional Representative Council (DPD)

Members of the Regional Representatives Council (DPD) consist of representatives from various provinces and have been selected through an electoral process. The membership of the DPD is formalized by presidential decree and takes place in its constituency.

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DPD members usually do not come from political parties, but from social organizations. The term of office for DPD members is five years. According to the 1945 Constitution article 22D, DPD members have the following powers:

  1. Submitting Draft Laws to the DPR relating to regional autonomy, formation, expansion, regional central relations and regional mergers, regional central finance and natural resource management.
  2. Give consideration to members of the House of Representatives on the Draft Law on the State Budget and Bills related to education, taxes and religion.
  3. Supervise the implementation of these matters and report it to the DPR.

Functions of State, Executive and Judiciary Institutions 

After knowing the meaning of legislative power and examples of legislative institutions in Indonesia, Sinaumed’s also needs to know an explanation of the executive and judicial institutions. Here’s an explanation.

  • Executive Agency 

Executive power is the power to enforce laws. The branch of this power that holds authority in the administration of the highest state government.

Executive power, related to the state government system adopted by each country. For example, Indonesia adopts a presidential system of government. So, in a narrow sense, executive power is in the hands of the President as head of state and head of government.

However, quoted from the Authority of the Executive, Legislative and Judiciary Institutions written by J. UU Nurul Huda, it is explained that in a democratic country, in a narrow sense, the executive branch is defined as the power held by the king and his ministers. In a broader sense, the executive branch includes civil servants as well as the military. For this reason, simply the executive branch can be called the government.

From the explanation above, it can be concluded that the executive branch is an institution that has the function of carrying out the laws stipulated by the legislature. In countries that adopt a democratic government system such as Indonesia, generally the executive branch consists of the head of state such as the president or king and his ministers.

In Indonesia itself, members of the executive branch are the People’s Consultative Assembly (MPR), the president, vice president and ministers. The following is an explanation of the MPR and the president as executive bodies.

People’s Consultative Assembly (MPR) 

Prior to the amendment to the 1945 Constitution, sovereignty in the hands of the people was fully exercised by the MPR. For this reason, the MPR is often referred to as the highest state institution with authority under the Constitution.

However, after the amendment of the 1945 Constitution, people’s sovereignty was no longer carried out by the MPR, but carried out according to the Constitution. MPR members are a combination of DPR and DPD members who are elected by the people through elections.

The provisions regarding the number of members are regulated in law. The MPR has the authority to hold sessions at least once a year. The most visible authority of the MPR is to appoint a president and vice president who have been chosen by the people through elections.

According to article 3 paragraph 1 of the 1945 Constitution, the MPR has the following duties and powers:

  1. Amend and establish legislation.
  2. Appoint the president and vice president.
  3. Dismissing the president and vice president during their term of office in accordance with the Constitution.

MPR members in carrying out their duties and authorities have several rights, the following are the rights of MPR members:

  1. Submit proposals related to changes to articles in legislation.
  2. Determining attitudes and choices in the decision-making process.
  3. Choose and also choose.
  4. Defended himself.
  5. Immunity and the right to carry out their duties and authorities without being prosecuted in court.
  6. Protocol as well as the right to get respect related to his position.
  7. Financial and administrative.

President 

Prior to the amendment to the 1945 Constitution, the president and his deputy were elected by the MPR. However, after the amendment to the 1945 Constitution, the president and vice president were directly elected by the people through elections.

The president and vice president who are elected will serve five years and can be re-elected only once in the next general election. The president has the position as the head of state, the president has the duties and powers that have been regulated in the 1945 Constitution, including the following:

  1. Make agreements with other countries with the approval of the House of Representatives (DPR).
  2. Appoint ambassadors and consuls to be stationed in the capitals of other countries and the country of Indonesia.
  3. Receive ambassadors from other countries.
  4. Giving titles, decorations and honors to citizens, be they Indonesian citizens or foreign nationals who have services.

Meanwhile, as the head of government who runs the state government, the president has the following rights and obligations:

  1. Holding government power in accordance with the 1945 Constitution.
  2. Submitting the Draft Law to the DPR.
  3. Establish government regulations.
  4. Uphold and implement the Constitution.
  5. Granting clemency and amnesty to convicts and rehabilitation or restoration of the good name of someone accused in accordance with the considerations of the Supreme Court (MA).
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Provide amnesty or reduced sentence to convicts as well as abolition or cancellation of criminal charges in accordance with the considerations of the DPR.

In addition to having the duties and roles as head of state and head of government, the President also plays the role of supreme commander in the armed forces. With this role, the president has the following powers:

Declare war and make peace with other countries on the basis of approval from the DPR.

Making international agreements on the basis of approval from the DPR.

Declare a dangerous situation for a condition and also a situation that takes place in the country.

Judicial Institution 

The judiciary is a government institution that has the authority to interpret the contents of laws and to impose sanctions on violations. In its implementation, the judiciary must be free from interference from the executive branch. This is intended so that law enforcement and justice are not one-sided and not too partial.

According to Chapter IX Judicial Power of the 1945 Constitution which regulates the independent power to administer justice to uphold the law and justice which is carried out by the Supreme Court and judicial bodies under it within the scope of general courts, religious courts, military courts, environmental state administrative court and by the Constitutional Court (MK).

So, in short, according to the 1945 Constitution, judicial power in Indonesia is exercised by the Supreme Court and the judicial bodies under it and the Constitutional Court (MK).

According to Jimly Asshiddiqie in his book entitled Introduction to Constitutional Law, it states that the court environment in Indonesia is as follows:

  • The District Court (PN) and the High Court (PT) are within the general court environment.
  • Religious Courts (PA) and High Religious Courts (PTA) within the religious courts.
  • State Administrative Court (PTUN) and State Administrative High Court
  • The Military Court (PM) and the High Military Court are within the military court environment.

In addition, there are also special courts which have a permanent nature or are referred to as ad hoc, including the Human Rights Court, the Corruption Court, the Commercial Court, the Children’s Court, the Industrial Relations Court and others.

To make it clearer, the following is an example of a judicial institution in Indonesia.

Supreme Court (MA)

The Supreme Court (MA) has become one of the highest judicial power holders in the entire judiciary. Where the MA institution is chaired by the Supreme Court Justice and assisted by several other judges.

The Supreme Court justices are nominated by the DPR from the judicial commission. The Supreme Court (MA) has several obligations and authorities of its own, including the following:

  1. Adjudicate at the cassation level, examine statutory regulations and have other powers granted by law.
  2. Nominate three members of the constitutional justices.
  3. Give consideration to the rehabilitation and clemency proposed by the president.

Constitutional Court (MK)

The Constitutional Court (MK) has the authority to exercise judicial power in the general, military, religious and state administrative courts.

The Constitutional Court (MK) has the authority to try at the first level and also at the final level. In the Constitutional Court, there are nine constitutional judges who have been appointed by the President. The following are some of the duties and functions of the Constitutional Court.

  1. Testing legislation on the Constitution.
  2. Deciding authority disputes in state institutions whose powers are granted by the Constitution.
  3. Decide the dissolution of political parties.

Deciding disputes regarding election results.

Judicial Commission or KY

An institution from the Judicial Commission or KY was formed to oversee the behavior of judges and dirty practices that exist in the process of administering justice. In the 1945 Constitution, as a result of the amendments, the position of the Judicial Commission has an independent character whose existence is formed or dismissed by the President and the approval of the DPR.

That is the explanation of legislative power is the power to formulate or make laws required by the state. The branch of legislative power is a branch of power that can reflect people’s sovereignty, because it is the authority of the people’s representative body or parliament to establish a regulation.

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Author: Khansa