State Organs
According to the 1945 Constitution, there are now 7 (seven)
organs of the state:
- The People's Consultative Assembly (Majelis
Permusyawaratan Rakyat / MPR).
- The Presidency.
- The House of Representatives (Dewan Perwakilan
Rakyat / DPR).
- The State Audit Board (Badan Pemeriksa Keuangan
/ BPK).
- The Supreme Court (Mahkamah Agung / MA).
- The Counstitutional Court (Mahkamah Konstitusi
/ MK).
- 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.
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.
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