Legislative Understanding – In the process of forming a country, the founders or founding fathers tried to find a standard form for the government system. This is done with the aim of developing and developing the quality of the country. We can conclude that the country must meet the components that have high potential to build the integrity of the country. Usually, it is the basic components that have the function as a foundation to build a country. The components are the form of the country, the form of government, and also the government system.
The process in this government system has various uses and functions for the country. This government system has a very important role in a country. Without a government system, the country will be in chaos, because the country has not determined who will be the leader of the country, who will hold the highest power, and the country has not yet known who will be the representative of the people, and so on. The self-government system is divided into three, among others the executive, legislative, and judiciary. In this article, we will explain the meaning of legislation in more depth.
The legislative body is a government body that has a general function in making laws. Where this legislative body has several functions, namely the function of legislation and also the function of control. In Indonesia itself, the legislative body is the House of Representatives or DPR and also the House of District Representatives or DPD.
1. DPR or House of Representatives
Generally, DPR members come from political parties that are directly elected by the people through the election process. This DPR is located at the central level, while those at the provincial and regency/city level are the DPRD or the District House of Representatives. The following are some of the duties and authorities that must be performed by DPR members, as follows:
a. Forming laws that have been discussed together with the President
b. Giving consent on district regulations replacing Law
c. Receive and also discuss the problems of the Bill or Draft Law submitted by the DPD
d. Considering the DPD on the draft APBN Law related to taxes, education, and also religion
e. Setting the APBN or the National Income and Expenditure Budget together with the President by taking into account considerations from the DPD
f. Select members of the Financial Inspection Body with consideration from the DPD
g. Select three candidates for constitutional judges and submit them to the President and others
In carrying out their duties and also their authority, DPR members also have certain rights, among others:
a. Interpellation Right, which is the right to ask the President for information.
b. Questionnaire Rights, which is the right used to submit Draft Laws to the government.
c. The Right of Initiative, which is the right to submit a Draft Law to the government.
d. Amendment Right, which is the right to make changes to the Draft Law.
e. Budget Right, which is the right used to submit the RAPBN or National Income and Expenditure Budget Plan.
f. The right to Petition, which is the right used to ask questions about government policy.
Meanwhile, in Article 20A of the 1945 Constitution, DPR holds the highest power in forming legislation. Therefore, DPR has 3 important functions, among others:
a. Legislative function, namely DPR as a law maker together with the President.
b. Budget function, namely the DPR as the holder of power in determining the APBN proposed by the President.
c. Oversight function, namely the House of Representatives supervises the running of the government.
The DPR conducts a session at least once a year.
2. District Representative House or DPD
DPD members are made up of representatives from the provinces who have been selected through the election process. The membership of the DPD is formalized by the President’s decision and is located in the electoral district. Where DPD members do not come from political parties, but from community organizations. The tenure of DPD members is five years.
Based on Article 22D of the 1945 Constitution, DPD members have the following authority, among others:
1. Submitting Draft Laws to the DPR related to regional autonomy, regional central relations, formation, expansion, and regional mergers, natural resource management, as well as regional central finance.
2. Give consideration to members of the DPR on the Draft APBN Law and also the Bill related to taxes, education, and also religion.
3. Supervise the implementation of those matters and report them to DPR.
Functions of the National Board: Executive and Judiciary
The following is an explanation of the functions of state institutions other than legislative institutions, namely the executive and also the judiciary. Below is a complete explanation.
1. Executive Board
This executive board is a board that functions to implement the laws that have been set by the legislative board. In countries that adhere to a democratic government system, generally the executive board consists of the head of state, be it the king or the president, accompanied by his ministers. In Indonesia itself, the members of the executive board are the MPR or the People’s Consultative Assembly, the President, and also the Vice President, as well as the ministers.
a. MPR or People’s Consultative Assembly
Before the 1945 Constitutional Amendment, the sovereignty in the hands of the people was fully exercised by the MPR. Therefore, the MPR is often referred to as the highest institution of the country with authority under the Constitution. However, after the 1945 Constitutional Amendment, people’s sovereignty is no longer exercised by the MPR, but is exercised according to the Basic Law.
MPR members are a combination of members of the DPR or House of Representatives and also the DPD or District House of Representatives who are elected by the people directly through the election process. The provisions regarding the number of members are regulated in the law. The MPR holds a session at least once in five years. The MPR’s most visible authority is appointing the President and Vice President who have been elected by the people through elections.
Based on Article 3 paragraph 1 in the 1945 Constitution, the MPR has the following duties and authorities:
a. Change and establish legislation
b. Appoint the president and vice president
c. Dismiss the president and also the vice president during their term of office according to the Basic Law
Members of the MPR, in carrying out their duties and authority, have certain rights, namely:
a. Submitting motions related to changes in articles in legislation
b. Determine the attitude and also the choice in the decision-making process
c. Choosing and being chosen
d. Defending himself
e. Immunity or the right to continue to carry out his duties and authority without being sued from court
f. Protocol or the right to obtain respect in respect of his office
g. Financial and also administrative
Before the 1945 Constitutional Amendment, the president and his representative were elected by the MPR. However, after the 1945 Constitutional Amendment, the president and his representative were elected by the people directly through the election process. The president and vice president will serve for five years and can be re-elected only once in the next general election. The president is the head of state and also the head of government. As a head of state, the president has the duties and authority set out in the 1945 Constitution, among others:
a. Making agreements with other countries with the approval of the DPR or House of Representatives
b. Appointing ambassadors and consuls to be placed in the capital of other countries and also in Indonesia
c. Receiving ambassadors from other countries
d. Giving titles, marks of service, and also marks of honor to nationals, whether they are Indonesian nationals or foreign nationals who have already served.
While as the head of government that runs the country’s government, the President has the following rights and obligations:
a. Holding government power based on the 1945 Constitution
b. Submitting Draft Laws to DPR
c. Set government regulations
d. Upholding and implementing the Basic Law
e. Granting pardon or forgiveness to convicts and also rehabilitation or restoration of the good name of an accused person based on the consideration of the Supreme Court: MA
f. Granting amnesty or reduction of convicts’ sentences as well as abolition or cancellation of criminal charges based on the DPR’s consideration.
In addition to serving and acting as the head of state and also the head of government, the president is also the supreme commander in the armed forces. So as to have the following authority:
a. Declaring war and also making peace with other countries on the basis of DPR approval
b. Making international agreements based on DPR approval
c. Declaring the state of danger to a condition and also a situation that is taking place in the country.
2. Judicial Board
This judicial body is a government body that has the authority to interpret the content of the law and also to sanction violations of its implementation. In its implementation, this one board must be free from interference from the executive board. This is intended so that the enforcement of law and justice is not one-sided or too partisan.
1. Supreme Court or MA
The Board of the Supreme Court or MA is one of the holders of the highest judicial authority from all judicial circles. Where the MA board is headed by the Chief Justice who is assisted by several other judges. The Supreme Judge was proposed by the DPR from the Judicial Commission. This MA board has several obligations and also its own authority, among others:
1. Judging at the level of cassation, testing legal regulations, and also other authority given by the Law.
2. Nominate three members of the constitutional judge.
3. Give consideration to rehabilitation and also pardon proposed by the President.
2. Constitutional Court or MK
The Board of the Supreme Court has the authority to exercise judicial power in the sphere of general justice, military, religion, and also the administration of the State. The Constitutional Court has the authority to adjudicate at the first and last level. In the MK, there are nine constitutional judges who have been appointed by the President. The following are the duties and functions of the Constitutional Court, among others:
1. Test the law on the Basic Law
2. Decide on disputes over the authority of national institutions whose authority is given by the Basic Law
3. Decide on the dissolution of political parties
4. Decide on disputes about election results
3. Judicial Commission or KY
The Judicial Commission Board was formed to oversee the behavior of judges and also dirty practices in the judicial administration process. In the 1945 Constitution as amended, the position of the Judicial Commission is independent and its existence is formed and dismissed by the President with the approval of the DPR.
Such is the explanation of the meaning of the legislature and other national institutions in Indonesia. Hopefully useful.