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State Organs

According to the 1945 Constitution, there are now 7 (seven) organs of the state:
  1. The People's Consultative Assembly (Majelis Permusyawaratan Rakyat / MPR).
  2. The Presidency.
  3. The House of Representatives (Dewan Perwakilan Rakyat / DPR).
  4. The State Audit Board (Badan Pemeriksa Keuangan / BPK).
  5. The Supreme Court (Mahkamah Agung / MA).
  6. The Counstitutional Court (Mahkamah Konstitusi / MK).
  7. The Regional Representative Council (Dewan Perwakilan Daerah / DPD).
1. The People's Consultative Assembly (Majelis Permusyawaratan Rakyat)

Article 1 of the amended 1945 Constitution states that Indonesia is a unitary state which has the form of republic with the sovereignty vested in the people and shall be exercised in accordance with the constitution.

The Assembly has the authority to amend and stipulate the Constitution and to inaugurate the President and vice-President. According to the amended 1945, the assembly is no more the highest political institution in the state. The Assembly can discharge the President and (or Vice-President during his/her term of office with due observance of the Constitution.

The membership of the Assembly consists of 550 members of DPR and the number of the members of the Regional Representatives Council, which elected through the general elections. Pursuant to Decree Number VII/MPR/1998, the Chairmanship of MPR is made separate from that of DPR. According to the amended 1945 Constitution, the MPR Chairman is assisted by three vice-chairmen, who reflect the grouping in the DPR and DPD and are elected by and from among the members of MPR in a MPR Plenary Session.

2. The Presidency

In the government system of Indonesia, the President is both head of state and chief executive. In exercising his/her duties, the President shall be assisted by a Vice-President.

According to the amended 1945 Constitution, the President and Vice-President in pair is elected direct by the people. The President and Vice President shall hold office for a term of five years and shall be eligible for re-election in the same position only for another term. The President has the right to submit bills to DPR and determine Government Regulations to expedite the enforcement of laws.

3. The House of Representatives (Dewan Perwakilan Rakyat / DPR)

The total membership of the House of Representatives is five hundred and fifty (550) members, representing political organizations that took part in the general elections which are elected through general elections. The House shall convene at least once a year. It shall have legislative function, budgetary function, and supervision function. In carrying out its functions the House shall also have the rights of interpellation, inquiry and expression of opinions, submit suggestions and views, as well as the right of immunity. Further, members of the House shall have the right to submit bill.
Decree No.VII/MPR/1998 regulates that the Chairman of the People’s Consultative Assembly is made separate from Speaker of the House.

The General Election Commission has determined seats allocation for the House of Representatives by the amount 550 seats for 32 provinces in Indonesia. It is worth noting that since the 2004 general elections all legislative seats will be given only to political parties participating in the general elections.

4. The State Audit Board (Badan Pemeriksa Keuangan / BPK)

The function of the State Audit Board are outlined in Article 23E of the 1945 Constitution. Its main function is to conduct official examinations of government financial accounts. The findings of the Board are submitted to the House of Representatives, the Regional Representative Council, and the Regional House of Representatives in accordance with their respective authorities. The Board should locate in the capital of the state and have representatives in every province.

5. The Supreme Court (Mahkamah Agung / MA)

The Supreme Court and the subordinated judiciary institutions within the realms of the general court, the religions court, the material court and the administrative court are independent courts. They shall exercise the judiciary power. The Supreme Court, according to the Article 24A of the Constitution, shall have the authorities to hear appeal cases to review regulations below the level of laws concerned, and other authorities accorded by law.

6. The Countitutional Court (Mahkamah Konstitusi / MK)

The Constitutional Court shall have the authority to put on trial at the first and final instance, whose ruling irreversible, to review laws against the Constitution, to rule on conflicts of authorities among state institutions whose authorities are given by the Constitution, to decide the dissolution of political parties, and to settle disputes on the results of general elections.

It shall also be obliged to rule on the opinion of the House on the assumption of violation by the President and/or Vice-President according to the Constitution.

7. The Regional Representative Council (Dewan Perwakilan Daerah / DPD)

The Regional Representative Council (Dewan Perwakilan Daerah /DPD) is a regional representation institution with the status as a state institution. It is established pursuant to Article 22C of the 1945 Constitution and based on Law No. 22 of 2003 on structure and status of the People’s Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD) and the Regional House of Representatives (DPRD). The establishment of DPD is aimed at enhancing the democratic life, securing people’s regional representation in implementing their duty and authority, and developing a mechanism of check-and-balance between legislative bodies and executive ones and improving the quality, productivity and performance of the members of people’s consultative /representative’s bodies and the regions to realize justice and welfare for the people.

The DPD consists of regional representatives of the provinces who are elected through general elections. Electoral region for DPD members are the provinces, and the amount of DPD members for members shall not exceed 1/3 (one third) of the number of DPR members.

The DPD may submit to the DPR bills relating to regional autonomy, relationship between the central and regional government, establishment and development of new regions, natural and economic resources management which are related to the central and regional finance affairs. Accordingly, the DPD will also give considerations to the DPR concerning the bills on State Budget and the bills concerning tax, education, and religious affairs and perform surveillance on the implementation of the law and submit the results of surveillance to the DPR. The DPD shall hold session at least once in a year. The terms of office for the DPD is five years, and the DPD members shall be able to be dismissed from their position, the requirements and procedures shall be regulated by law.


© 2001-2010 Embassy of the Republic of Indonesia in Berlin - Germany