Friday, May 6, 2011

Institution's Relation

Tittle : Hukum Tata Negara : Hubungan Antar Lembaga Negara Versi Amandemen UUD 1945
Penulis : Rahimullah, SH, M.Si
Penerbit : Fakultas Hukum Universitas Satyagama, Jakarta
Dicetak oleh : PT Gramedia
Cetakan Pertama Jakarta, April 2007

The government developed by history, started from the theory from France, Montesquie that concluded the power must related with human’s characteristic.  Human, assumed likes power, if use the power for their interest, and after they get power, would developed their power. From that characteristic Montesquie separated power, there are executives, legislative, and judicative. And each power used by different institution.

To operating the system of government, have two ways, parliamentary and presidential. At parliamentary, executive and legislative have a strong relation so executive just do all the policy from legislative? But at parliamentary, if had some different way from executive and legislative, legislative can’t do any interference and makes executive down until the era’s end.
At Trias Politica’s concept, designed for check and balances for controlling the government’s system, even sometimes make the government being labile when executives and legislatives have some different point of view.  Commonly, the government’s system developed by their coutry’s history.

The three differences of institution there are executives, as a implementator from what decided by legislative and formulate the policy.  Legislative, as a regulator’s making could use bicameral or unimeral. The bicameral’s system, adopted by England, Dutch and United States, to avoid making the policy’s in hurry, no more absolute power from parliament, and then judicative, that have power’s justice, assumed neutral from others, even practically, could interventioning by president that gift clemency and abolition.

At This Country, Indonesia, based by UUD NKRI 1945, country’s institution have four : 1. President, have the power to govern, 2. DPR, have the power to make regulation, 3. MA, have the judicial power, 4. MK have the judicial power. Beside that, there are another institution which is still a part of executive, legislative, or judicative there are BPK, have the adiministrative (inspectorate), Judicial’s Commision, Election’s Commision, and Central’s Bank.

UUD 1945 has changed, the matter is changed what called ‘the highest country’s instution’ to be ‘the high institution’, which is make the position balances, so could do the ‘check and balance’ s system, if they have some problem, so they could over that by constitutional court.

Hmm... Just try to write in English and love the concept, learning by doing.  And one four months again to finish this forth semester means, welcome the new fight of examination for this semester !!! 

With Love,


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