Saturday, May 18, 2013

BAGAIMANA SISTEM PEMERINTAHAN INDONESIA

" SISTEM PEMERINTAHAN INDONESIA "


SYSTEM GOVERNMENT INDONESIA
 
Paragraph IV of the 1945 Constitution states that the independence of Indonesian nationhood was compiled in the Constitution of the State of Indonesia is established within the structure of the Republic of Indonesia is people's sovereignty. Under Article 1 Paragraph 1 of the 1945 Constitution, the State of Indonesia is a unitary state is a republic. Based on this it can be inferred that Indonesia is a unitary form of the state, while the form of government is a republic.

Apart form the unitary state and the republican form of government, the President of the Republic of Indonesia holds the power as well as the head of state and head of government. This was based on Article 4 paragraph 1, which reads, "The President of the Republic of Indonesia holding the executive power under the Constitution." Thus, the system of government in Indonesia adopts a presidential system of government. What is a presidential system of government? To find out, first discussed about the system.


I. Understanding Governance System

The term system of government comes from combination of two words and governance systems. Said system is a translation of the system (in English) which means the composition, structure, network, or how. While the government is derived from the government, and which comes from the word command. those words mean:

a. Command is meaningful words told to do some thing

b. Government is the governing authority of an area, region, or state.

c. Adalaha government works, how, things, matters in ruling

 
So in the broadest sense, is an act of government ruled by legislative bodies, executive, and judiciary in a State in order to achieve the objectives of the country. In a narrow sense, is the act of governing goverment undertaken by the executive branch and its staff in order to achieve the objectives of the country. System of government is defined as a complete order consisting of various components of government work interdependent and influence in purpose and function of government. Power in the State according to Montesquieu classified into three, namely the Executive Power, which means the power to run any law or rule to govern; Legislative Powers which means the power to make laws; And Judicial Power which means the power to prosecute violations of the law. These components include the outline of the executive, legislative and judicial branches. Thus, the state government system describing the state institutions, the relationship between state institutions and the workings of state institutions in achieving the objectives of government of the country concerned.
Purpose governments are generally based on a dream or goal state. For example, the purpose of government is to protect the whole Indonesian nation Indonesian nation and to promote the general welfare, the intellectual life of the nation, as well as participate in the establishment of world order based on freedom, eternal peace and social justice. Institutions that are in the Indonesian system of government work together and support each other for the realization of the purpose of government in the country of Indonesia.
In a country which is a republic form of government, the president is head of state and is obliged to establish departments that will fulfilling their executive powers and fulfilling the law. Each department will be headed by a minister. If all the ministers that there is coordinated by a prime minister, it can be referred to the council of ministers / cabinet. Can form a presidential cabinet, and the Ministerial Cabinet.

a. Presidential Cabinet

Presidential cabinet is a cabinet in which accountability for government policies held by the president. President doubled as prime minister so that the ministers are not accountable to parliament / Parliament but to the president. Examples of countries that use the presidential cabinet system is United States
and Indonesia

b. Ministerial Cabinet

Ministerial cabinet is a cabinet in the run goverment wisdom, either a minister individually or jointly kebinet all members accountable to Parliament / DPR. Examples of countries that use the system cabinet are the countries in Western Europe.

When viewed from the manner of its formation, Ministerial cabinet can be divided into two, namely cabinet extra-parliamentary and cabinet.
Parliamentary cabinet is a cabinet formed by observing and taking into account that there are voices in the parliament. If seen from the composition (membership composition), parliamentary cabinet is divided into three, namely the coalition cabinet, the national cabinet, and the cabinet party.

Extra-kebinet the cabinet formation is not paying attention and taking into account the voices in parliament and state / DPR.

II. Parliamentary And Presidential System of Government

System of government, is divided into two major classifications, namely:


1. presidential system of government;

2. parliamentary system of government.


In general, countries in the world belong to one of the government system. Any other system of government is considered as a variation or combination of the above two systems of government. British state is considered as an ideal type of country that adheres to the parliamentary system of government. Bhakan, England called the Mother of Parliaments (parent parliament), while the United States is an ideal type of state with a presidential system of government.

Both countries are referred to as the ideal type for implementing features that executable. Britain was the first country to run a model of parliamentary government. United States as well as a pioneer in the presidential system of government. The two countries until now remained consistent in running the principles of the system of government. Of the two countries, then the system of governance adopted by other countries part of the world.

Classification of presidential and parliamentary systems of government based on the relationship between the executive and legislative powers. Referred to a parliamentary system of government where the executive branch, as the executor of executive power gets the direct supervision of the legislature. Called a presidential system of government where the executive branch is outside the direct supervision of the legislature.

For more details, here are the characteristics, advantages and disadvantages of a parliamentary system of government.

The characteristics of a parliamentary system of government is as follows:

    Legislature or parliament is the only body whose members are elected directly by the people through elections. Parliament has the powers of the representative body and the legislature.
    MPs made up of people from the political party that won the general choice. The political party that wins the elections have a great chance to be the majority and have great power in the parliament.
    Government or cabinet composed of the ministers and the prime minister as the leader of the cabinet. The prime minister is elected by parliament to conduct the executive power. In this system, the executive is the prime minister as head of government. Cabinet members generally come from parliament.
    Cabinet responsible to parliament and can last throughout the majority of MPs supported. This means that at any time the parliament could topple the cabinet if the majority of members of parliament expressed vote of no confidence to the cabinet.
    The head of state is not as well as head of government. The head of government is the prime minister, while the head of state is the president of the republic or the king / sultan in a monarchy. Head of state does not have the power of government. He just acts sebgai symbol of sovereignty and integrity of the country.
    As a counterweight parliament can impose the president's cabinet or king on the advice of the prime minister may dissolve parliament. Furthermore, another election was held for a new parliament that created.

Excess Parliamentary System of Government:

    Policymakers can easily be handled quickly because the adjustment of opinion between the executive and the legislature. This is because the executive and legislative powers are at a party or coalition.
    Lines of responsibility in the creation and implementation of public policy is clear.
    Strong oversight from parliament to the cabinet so that the cabinet be please be careful in running the government.

Disadvantages Parliamentary System of Government:

    Position of the executive / cabinet is very dependent on the support of the majority of parliament that the cabinet at any time be imposed by the parliament.
    Continuity of the executive or cabinet position bias not determined in accordance with the end of his term because any time the cabinet can be dissolved.
    Cabinet can control parliament. It happened when the members of the cabinet are members of parliament and party affiliations meyoritas. Because of their great influence in parliament and parties, cabinet members can master the parliament.
    Parliament became a place of regeneration for executive positions. Their experience of being a member of parliament and became an important aspect of life used to be a minister or other executive positions.

In a presidential system of government, the executive and legislative bodies have an independent position. Both of these entities are not directly connected as in the parliamentary system of government. They are elected by the people separately.

For more details, here are the characteristics, advantages and disadvantages of the presidential system of government.

The characteristics of the system are as follows presidential goverment.

    State officials in the hands of the president. President is head of state and head of government. President is not elected by the parliament, but elected directly by the people or a council board.
    Cabinet (Council of Ministers) is formed by the president. Cabinet responsible to the president and is responsible to the parliament or legislature.
    President is not accountable to parliament. That's because the president is not elected by the parliament.
    The president can not dissolve parliament as in the parliamentary system.
    Parliament has legislative power and as a representative institution. MPs elected by the people.
    The president is not under the direct supervision of the parliament.

Excess Presidential System of Government:

    The executive branch is more stable because it does not depend on the position of parliament.
    Tenure of the executive branch more clearly to a specific period. For example, the U.S. presidential term is four years, the President of Indonesia is five years.
    Constituent programs easily adapted to cabinet work period of his tenure.
    Legislature is not the place for succession planning for executive positions can be filled by outsiders, including members of parliament itself.

Disadvantages Presidential System of Government:

    Executive power beyond the direct control of the legislature so as to create absolute power.
    Accountability system is less clear.
    Decision-making or public policy generally results bargaining between the executive and legislative decisions that can occur and the firm does not take a long time.

III. The influence of the State Government System Against Other Countries

System of government in the world countries vary according to the wishes of the country concerned and in tune with the state and nation. As noted earlier, the presidential system of government and a parliamentary system of government is a system of government that the two models used as reference by many countries. U.S. and UK respectively are considered pioneers of the presidential system of government and a parliamentary system of government. Of the two models, then emulated by other state-nation bloc.

Examples of countries that use the presidential system of government: the United States, the Philippines, Brazil, Egypt, and Argentina. And examples of countries that use the parliamentary system of government: the UK, India, Malaysia, Japan, and Australia.

Although both use a presidential or parliamentary system, there are variations tailored to the constitutional development of the country concerned. For example, Indonesia's presidential government system will not be exactly the same with a presidential system of government which is running in the United States. In fact, certain countries use a mixture of the presidential system and the parliamentary (mixed parliamentary presidential system). For example, the country of France today. The country has a president as head of state who has great power, but also a prime minister appointed by the president to run the day-to-day administration.

Governance system of a country is useful for other countries. One of the important uses of government system is the system of government of a country to be able to make comparisons to other countries. A country may make comparisons with the system of government-run system of government that  other countries. Countries can search and find some similarities and differences between systems of government. The next goal is to develop a system of state government that is considered better than ever after making comparisons with other countries. They can also adopt other state government system as a system of government of the country concerned.
State officials, politicians, and state lawmakers held frequent visits to overseas or interstate. They make observations, assessment, comparison of system of government which visited the country's system of government. After the visit of the members of the parliament have the knowledge and insight to be able to develop a more extensive system of state government.

Development of the system of government in Indonesia is also not free from the system of government make comparisons between countries. As a country with a presidential system, Indonesia has adopted governance practices in the United States. For example, direct presidential elections and cheks and balance mechanism. Golkar convention before the election of 2004 was also modeled on the practice of convention in the United States. However, not all governance practices in Indonesia merely a pale imitation of the U.S. system of government. For example, Indonesian institutions recognize the People's Consultative Assembly, whereas in the U.S. there is no such institution.

Thus, the system of government of a country can be used as a comparison or model that can be adopted as part of the governance system of another country. United States and Britain have each been able to prove itself as a country that follows a presidential system of government and parliamentary Seara ideal. System of government of the two countries subsequently much imitated by other countries in the world that must be adjusted to the country concerned.
 
IV. Indonesian Government System

a. Indonesian State Government System Based on Prior Amended 1945.
Principles of the system of government of Indonesia based on the 1945 Constitution before the amendment of the 1945 Constitution stated in the description of the seven key principal governance system of the country as follows.

    Indonesia is a country based on law (rechtsstaat).
    Constitutional system.
    Supreme state power in the hands of the People's Consultative Assembly.
    President is the organizer of the highest state government under the People's Consultative Assembly.
    President is not accountable to the House of Representatives.
    Minister of state is assistant to the president, ministers of state are not accountable to the House of Representatives.
    Heads of state power is not unlimited.

Based on seven key principal system of government, the Indonesian system according to the 1945 presidential government system. The government system is run during the New Order regime under President Suharto. Characteristics of the system of government that time is a tremendous power in the presidency. Almost all presidential authority that is set according to the 1945 Constitution without involving consideration or approval of Parliament as representatives of the people. Therefore, the lack of oversight and without the approval of Parliament, the powers of the president are very large and tend to be abused. Mekipun weakness, greater power to the president there is also the positive impact that the president can control the entire administration of the government so as to create a compact and solid. Governance system is more stable, not easily fall or change. Conflict and conflict between state officials can be avoided. However, in practice the system of government in Indonesia trip turned out great powers in the president himself more harm than benefit the state and nation are didapatkanya.

Entering the Reformation, the Indonesian nation is determined to create a democratic system of government. For Therefore, a constitutional government or a government based on the constitution. Constitutional government that characterized the country's constitution contains

    the restrictions on the power of government or executive,
    guarantee of human rights and the rights of citizens.

Accordingly, reforms to do is make changes or amendments to the 1945 Constitution. to amend the 1945 constitution to be constitutional, the system is expected to form a better government than the previous one. Amendment of the 1945 Constitution had been carried out by the Assembly four times, namely in 1999, 2000, 2001, and 2002. based on the 1945 Constitution as amended that guide the system govermant Indonesia today.
b. Indonesian state government system Based Upon the 1945 Amended
Now this system of government in Indonesia is still in transition. Prior to the enactment of a new system of government based on the results of the fourth amendment of the 1945 Constitution in 2002, the Indonesian system is still based on the 1945 Constitution with a few changes in line with the transition to the new system of government. New system of government is expected to run from 2004 subsequent to the 2004 elections.

Principles of the Indonesian system are as follows.

    A unitary state with broad principles of regional autonomy. Country is divided into several provinces.
    Form of government is a republic, while the presidential system of government.
    President is head of state and head of government as well. President and vice president elected directly by the people in a single package.
    Cabinet or a minister appointed by the president and is responsible to the president.
    Parliament consists of two parts (bicameral), House of Representatives (DPR) and the Regional Representative Council (DPD). The board members are members of the Assembly. Parliament has legislative power and authority oversee the running of the government.
    Judicial power is run by the Supreme Court and judicial bodies underneath.

The government system also takes the elements of the system of parliamentary government and a reform to eliminate the weaknesses that exist in the presidential system. Several variations of the presidential system of government in Indonesia is as follows;

    President can be dismissed at any time by the Assembly upon the recommendation of the House of Representatives. So, Parliament still has the power president overseeing though indirectly.
    Appoints an acting president in the country need consideration or approval of Parliament.
    President in issuing certain policies need consideration or approval of Parliament.
    Parliament was given greater powers in terms of shaping the law and the right budget (budget)

Thus, there are new changes in the Indonesian system. It was intended to fix the old presidential system. The new changes, such as the direct election, the bicameral system, the mechanism cheks and balance, and giving greater powers to the parliament to conduct oversight and budgetary functions.


Conclusion
Describe the system of government, institutions that work and walking interconnected with each other towards achieving the objectives of the country. State institutions in a political system includes four main institutions, namely the executive, bureaucratic, legislative, and judicial branches. In addition, there are other institutions or other elements such as parliament, elections, and the council of ministers.

Division of the system of government in a modern state divided into two, namely the presidential and ministerial (parliament). Distribution of presidential and parliamentary systems of government based on the relationship between the executive and legislative powers. In a parliamentary system, the executive gets the direct supervision of the legislature. Conversely, if the executive branch is beyond the legislative oversight is a presidential system of government.
In a republican system of government, state institutions it operates according to democratic mechanisms, while the monarchical system of government, the institutions work according to different principles.

Different system of government of a country with a system of government that is run in other countries. However, there are also some similarities between the country's system of government. For example, the two countries have the same system of government.
Change of government in the state occurred at a critical time, when the transfer of power or leadership in the country. Change of government occurred in Indonesia between 1997 and 1999. It stems from the financial crisis and the economic crisis.


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