Hubungan UU dan Ketetapan MPR/MPRS(2)

Summary

This transcript discusses the transformation of the Majelis Permusyawaratan Rakyat (MPR) in Indonesia post-reformation, highlighting its shift from being the highest constitutional authority to a more balanced role alongside other constitutional bodies. It covers the cessation of MPR’s ability to make binding decrees, the redefined powers of the president, and the MPR’s current role in amendments, presidential elections, and impeachment. Additionally, it explains the 2003 review of MPR decrees, categorizing them into groups based on their current legal standing, and emphasizes the changes in Indonesia’s political and legal landscape since the 2001-2002 reforms.

Takeaways

• 😀 The Constitutional Assembly (MPR) is no longer considered the highest state institution after the reform, which changed its position in the constitution.
• 😀 Before the reform, the president was required to be accountable to the MPR, but after the changes, the president is directly accountable to the people who elect them.
• 😀 The MPR's role in electing the president is now limited to situations where there is a vacancy in the presidency or vice presidency.
• 😀 Following the reforms, the MPR holds an equal status to other constitutional bodies such as the DPR, DPD, MK, and BPK.
• 😀 The MPR no longer has the authority to issue regulations called 'MPR Decrees' (TAP MPR), which were previously considered laws above regular laws.
• 😀 The MPR's authority is now limited to four powers: amending the constitution, impeaching the president or vice president, electing a president if there's a vacancy, and swearing in the president.
• 😀 The swearing-in of the president is now facultative, meaning the MPR only opens the session and witnesses the swearing-in, but does not conduct the oath itself.
• 😀 MPR no longer has the power to enact public policies through laws like before, focusing mainly on constitutional amendments.
• 😀 The last MPR decree was issued in 2003, marking the end of the era where MPR decrees had legal status above regular laws.
• 😀 In 2003, the MPR conducted a review of all MPRS and MPR decrees from 1960 to 2002, resulting in six groups, including those that were revoked, those that remain in effect with conditions, and those that are no longer valid.

Q & A

What was the role of the MPR before the constitutional reforms in 2001 and 2002?

Before the reforms, the MPR (People's Consultative Assembly) was considered the highest state institution in Indonesia, with significant powers, including overseeing the president and holding authority over the nation's governance.

How did the role of the president change after the constitutional reforms?

After the reforms, the president was no longer accountable to the MPR but directly to the people, as the president is now elected by the public, removing the hierarchical relationship that previously existed between the president and the MPR.

What are the four main powers of the MPR after the constitutional amendments?

The four main powers of the MPR after the amendments are: 1) Amending and establishing the constitution, 2) Impeaching the president or vice president, 3) Selecting a new president or vice president in case of vacancy, 4) Officially inaugurating the president.

What happened to the MPR’s authority to issue decrees ('Ketetapan MPR')?

Following the reforms, the MPR no longer has the authority to issue Ketetapan MPR (MPR decrees), which were once considered a higher form of legal regulation. The MPR now only handles constitutional amendments, and no longer has the legislative power to issue regulatory decrees.

How are MPR decrees categorized post-reform?

MPR decrees are categorized into six groups after the reforms, ranging from those that have been revoked and are no longer valid, to those that remain valid under specific conditions or until certain laws are passed. Some decrees are also considered completed and do not require further legal action.

What is the significance of Ketetapan MPR No. 1/2003?

Ketetapan MPR No. 1/2003 was issued as a result of the review of MPR and MPRS decrees from 1960 to 2002. This decision categorized all previous decrees, helping clarify which would remain valid, be revoked, or be subject to specific conditions under the new constitutional framework.

What does it mean for an MPR decree to be categorized as 'revoked and no longer valid'?

Decrees that are categorized as 'revoked and no longer valid' are those that have been officially annulled and are not recognized in the current legal system, as they no longer hold any legal force under the reformed constitution.

What is the legal status of MPR decrees that remain valid 'until the formation of a new government after the 2004 election'?

These MPR decrees remain in effect until the new government formed after the 2004 elections assumes power, at which point their relevance or application would be reassessed in the context of the new constitutional and governance structure.

What does it mean for an MPR decree to remain valid until 'related laws are passed'?

Decrees that remain valid until related laws are passed are those that govern areas that are subject to future legislation. These decrees stay in effect until the corresponding laws are enacted to address the specific issues regulated by the decree.

Why was it important to review and classify the MPR and MPRS decrees after the 2001-2002 constitutional reforms?

The review and classification of MPR and MPRS decrees were essential to align Indonesia’s legal system with the new constitutional framework, ensuring that outdated or irrelevant decrees were revoked, while keeping those that remained applicable under the new system, providing clarity and legal certainty.