Freis Emmersen dan Kewenangan Pemerintah

Summary

In this educational video, Ahmad discusses the concept of state administration in Indonesia, focusing on the division of powers within the government. He explains the evolution of Indonesia's political structure, from the pre-amendment 1945 Constitution to the post-amendment system, and highlights key aspects such as the separation of legislative, executive, and judicial powers. Ahmad also covers the roles of different government bodies, including the MPR, DPR, and the President, and elaborates on the concept of ‘welfare state’ and how executive powers are exercised to ensure the well-being of citizens. Key topics include the delegation of authority and the implementation of laws through regulations.

Takeaways

• 😀 Indonesia follows a democratic system based on the Trias Politica theory, dividing government power into three branches: legislative, executive, and judicial.
• 😀 The Indonesian constitution was amended in 1945, leading to changes in the division of power, where the People's Consultative Assembly (MPR) is no longer the highest authority.
• 😀 The executive branch plays a crucial role in implementing laws and ensuring the welfare of the citizens, acting on behalf of the legislative body to execute policies effectively.
• 😀 Indonesia is a welfare state, meaning the primary goal of the government is to ensure the well-being of its citizens through legislation and policies.
• 😀 Emergency powers (Perpu) allow the executive to issue regulations with the same authority as laws during emergencies, such as the COVID-19 pandemic.
• 😀 Delegated powers enable the executive to create regulations under the authority of the legislature, ensuring the rapid and efficient implementation of laws.
• 😀 Kewenangan (authority) refers to the legal ability to perform specific actions, with a distinction between power (the ability to act) and authority (the formal right to act).
• 😀 The government is divided into original legislators (e.g., MPR, President) who create laws and delegated legislators (e.g., ministers, local government) who implement them.
• 😀 Different forms of delegated powers include attribution (giving authority), delegation (transferring authority), and mandate (allowing one body to act on behalf of another).
• 😀 The constitution and legal principles in Indonesia ensure that the government operates within a system of checks and balances, avoiding the concentration of power in one individual or body.

Q & A

What is the theory of Trias Politica, and how does it relate to the division of power in Indonesia?

The theory of Trias Politica refers to the separation of powers into three branches: legislative, executive, and judicial. In Indonesia, this principle is applied to divide the state's powers and ensure checks and balances among the different branches of government.

How did the division of powers in Indonesia change after the 1945 Constitutional amendments?

Before the amendments, Indonesia followed the Panca Politica system, which divided the power into five branches, including legislative, executive, judicial, consultative, and audit powers. After the amendments, the system was simplified to five main powers, including the legislative (DPR and DPD), executive (President), judicial (Mahkamah Agung and Mahkamah Konstitusi), constitutional (Mahkamah Konstitusi), and audit (BPK).

What role does the executive branch play in the creation of laws in Indonesia?

The executive branch in Indonesia has the power to make regulations, including emergency regulations (Perpu), to ensure the enforcement of laws. These regulations are typically issued in urgent situations where legislative action might take too long, such as during the COVID-19 pandemic.

What is a welfare state, and how does it relate to Indonesia's legal system?

A welfare state is a system where the government is responsible for ensuring the well-being of its citizens, including through social programs and economic policies. In Indonesia, the government is obligated to ensure the prosperity of its people, as mentioned in the constitution, which aims to establish a welfare state.

What is the significance of the principle of 'Asas Legalitas' in Indonesia?

'Asas Legalitas' refers to the principle that all government actions must be based on written laws. This ensures that government decisions and actions are legal, transparent, and accountable to the citizens.

What are the different types of authority that the executive branch holds in Indonesia?

The executive branch in Indonesia holds several types of authority: 1) **Inisiatif (Initiative)** – the power to propose laws or regulations; 2) **Delegatif (Delegated)** – the power to make regulations under laws, often through delegation from the legislature; 3) **Drid Function** – the power to interpret existing laws and regulations.

What is the relationship between legislative power and executive power in Indonesia?

In Indonesia, the legislative branch (DPR and DPD) creates laws, while the executive branch (led by the President) is responsible for implementing those laws. The executive also has the power to issue regulations and decrees to support the enforcement of legislation.

How does the executive branch exercise its authority during a national emergency, according to the script?

During a national emergency, the executive branch can issue **Peraturan Pemerintah Pengganti Undang-Undang (Perpu)**, which are emergency regulations that have the force of law. These regulations are reviewed by the legislature and can be enacted into law if they align with the country's objectives.

What is the distinction between 'delegative legislator' and 'original legislator' in Indonesia's government structure?

'Delegative legislator' refers to government organs or officials who derive their legislative authority from laws created by higher authorities. In contrast, 'original legislator' refers to bodies like the **MPR** (People's Consultative Assembly) and **DPR** (House of Representatives), which have the direct authority to create or amend the constitution and laws.

What are the implications of the changes in the status of the MPR after the amendments to the 1945 Constitution?

Before the amendments, the **MPR** was the highest state body in Indonesia, with authority above the constitution. After the amendments, the MPR was demoted to one of the highest state institutions, no longer holding supremacy over the constitution, thus altering the power structure in Indonesia's government.