Kuliah Hukum Tata Negara 6: Sistem Pemerintahan Indonesia

Summary

This video provides an in-depth explanation of Indonesia's government system, comparing it with other global systems like the UK and the US. The lecturer explores the concept of government systems, including parliamentary, presidential, and hybrid systems. He delves into the characteristics of each, using examples like the UK, the US, and Germany. Additionally, he covers Indonesia's shift from a mixed system to a more purely presidential system following constitutional amendments. The video offers a clear overview of the dynamics of government branches, their relationships, and how these systems impact governance and political stability.

Takeaways

• 😀 A system of government refers to the way different branches and institutions interact to fulfill a nation's objectives, creating functional dependencies among them.
• 😀 In a parliamentary system, the head of state and head of government are separate, as seen in the UK, where the monarch is the head of state, and the prime minister is the head of government.
• 😀 The parliamentary system operates with a dominant parliament, where the cabinet is accountable to it, and parliament can dismiss the government through a 'no-confidence' vote.
• 😀 A presidential system, like that of the United States, consolidates both the head of state and head of government in one role, with fixed presidential terms and a high threshold for removal from office.
• 😀 In a presidential system, a president can only be removed through impeachment, a difficult process that requires serious legal violations, not just political disagreement.
• 😀 A mixed or hybrid system blends elements from both the parliamentary and presidential systems, as exemplified by Germany, where the president is the head of state, and the chancellor (prime minister) is the head of government.
• 😀 Indonesia's system of government was initially a mixed system, combining both presidential and parliamentary features, with the president being accountable to the People’s Consultative Assembly (MPR).
• 😀 After the 2002 constitutional amendments, Indonesia adopted a more purely presidential system, with direct presidential elections and the president no longer accountable to the MPR.
• 😀 In Indonesia's pre-2002 system, the president could be removed by the MPR for political reasons, whereas post-2002, the president can only be impeached for legal violations.
• 😀 The changes to Indonesia’s system after the 2002 amendments reflect a shift towards a clearer separation of powers, with a stronger focus on the presidential role and limited parliamentary influence over executive matters.

Q & A

What is the meaning of the term 'system of government' as explained in the script?

The 'system of government' is described as the relationship between different parts or organs of the state that perform various functions. These parts are interdependent, and if one part fails, it affects the entire system. An example given is the digestive system, where the organs must work together for the system to function properly.

What is the role of government according to the script?

The role of government is to manage all affairs related to the welfare of the people and the interests of the state. This includes the exercise of power by state institutions in fulfilling these responsibilities.

How are the branches of power structured in a government system?

The branches of power in a government typically consist of the executive, legislative, and judicial branches. The relationship between these branches determines the type of government system in place.

How does the relationship between the executive and legislative branches define the type of government system?

The relationship between the executive (government) and the legislative (parliament) branches is crucial in determining whether a country follows a parliamentary, presidential, or mixed government system.

What is the main feature of a parliamentary system of government?

In a parliamentary system, the roles of head of state and head of government are held by different individuals. For example, in the UK, the head of state is the Queen, and the head of government is the Prime Minister. The government is accountable to the parliament, which can dismiss the cabinet through a vote of no confidence.

What is the concept of 'supremacy of parliament' in a parliamentary system?

The 'supremacy of parliament' refers to the idea that the parliament holds more power than the executive branch. This means the government can be dissolved by the parliament if it loses confidence in the government, as seen with motions of no confidence.

How does the presidential system differ from the parliamentary system in terms of executive and legislative powers?

In a presidential system, the head of state and head of government are both embodied in the office of the president, unlike in a parliamentary system where these roles are separate. Furthermore, in a presidential system, the executive and legislative branches are more independent, with both holding significant powers.

What are the key characteristics of a presidential system?

Key characteristics of a presidential system include a fixed term for the president, a separation of powers between the executive and legislature, and the inability of the president to dissolve the legislature. A president can only be removed from office through impeachment for criminal activities.

What is a mixed or hybrid government system?

A mixed or hybrid system incorporates elements from both the parliamentary and presidential systems. In countries like Germany, the head of state and head of government are separate, with the president serving as the head of state and the chancellor as the head of government. However, the system still retains features of both presidential and parliamentary systems.

How did Indonesia's system of government change after the amendment of the 1945 Constitution?

After the amendment of the 1945 Constitution, Indonesia adopted a more pure presidential system. The president is elected directly by the people and is no longer accountable to the MPR (People's Consultative Assembly). The president can only be removed through impeachment for legal violations, and the cabinet is appointed and responsible only to the president.