Sumber dan Asas Hukum Tata Negara

Summary

This lecture delves into constitutional law and state administrative law, highlighting their differences and overlaps. It discusses the organization of the state, including the roles of state organs like the President, legislature, and judiciary, with comparisons between various countries' governance systems. The speaker also emphasizes the separation of powers, the importance of authority within legal frameworks, and the sources of state administrative law, such as written laws, judicial rulings, and international conventions. Additionally, the principles of law, like non-retroactivity and the hierarchy of laws, are explored, offering an in-depth view of how state power and law operate.

Takeaways

• 😀 Constitutional law and state administrative law are two distinct fields, although they overlap in certain areas.
• 😀 Constitutional law is based on reason and defines the state's organization, including the roles of various organs like the government, head of state, and head of government.
• 😀 The president of Indonesia serves as both the head of state and head of government, unlike in countries like Malaysia and England where these roles are separate.
• 😀 A unitary state, like Indonesia, differs from a federal state like the United States, which has a federal system with states.
• 😀 The relationship between state organs such as the president, parliament (DPR), and judicial bodies is governed by constitutional law.
• 😀 The distribution of power and authority within the state is key in constitutional law, with historical roots in the monarchy era where the king held multiple roles.
• 😀 State administrative law regulates the organization and relationships between state organs, both vertically (top to bottom) and horizontally (central to local).
• 😀 In cases where the president and vice president die, succession plans are in place to replace them, ensuring continuity in governance.
• 😀 Legal principles in constitutional law are both written (e.g., legislation) and unwritten (e.g., conventions), with decisions from the Constitutional Court playing a crucial role.
• 😀 State administration law sources include material sources (substance), formal sources (form), judicial jurisprudence, conventions, and international law that have been ratified.
• 😀 Laws cannot be applied retroactively; they take effect from the moment of enactment and remain in force until revoked or replaced by higher laws.

Q & A

What is the difference between constitutional law and state administrative law?

Constitutional law primarily focuses on the organization of the state, its institutions, and the relationships between them, whereas state administrative law is more concerned with the rules and regulations governing the actions and duties of government officials and state apparatus.

What does constitutional law regulate in terms of state organs?

Constitutional law regulates the organization of state organs such as the government, the head of state, the head of government, the legislature (DPR, MPR), the judiciary (Supreme Court), and other relevant state institutions, outlining their powers, functions, and relationships.

How does the organization of the Indonesian state differ from Malaysia or the United Kingdom?

In Indonesia, the President is both the head of state and head of government, while in Malaysia, the Sultan is the head of state, and the Prime Minister is the head of government. In the United Kingdom, the monarchy serves as the head of state, and the Prime Minister is the head of government.

What is meant by the division of power in the state as discussed in the script?

The division of power refers to the separation of state authority into various organs, such as the executive, legislative, and judicial branches, to prevent any single organ or individual from holding excessive power. This division ensures checks and balances within the government.

What does the term 'unitary state' refer to, and how does it apply to Indonesia?

A unitary state is a form of government where power is centralized, with a single central government controlling all areas of the state. Indonesia is an example of a unitary republic, where power is not divided between different states or regions, as seen in federal systems.

What does the script say about the president's authority and limitations?

The president holds significant authority as the head of state and government but is limited by constitutional constraints. If the president exceeds these limits, such as violating laws or overstepping authority, they can be impeached and removed from office.

How are the relationships between various state organs regulated?

The relationships between various state organs, such as the president, the legislature, and the judiciary, are regulated by constitutional law. These relationships are designed to ensure proper checks and balances and prevent any one organ from having excessive power.

What are the sources of state administrative law?

The sources of state administrative law include material sources (related to the content and substance of laws) and formal sources (the form of the law). They include written laws, judicial jurisprudence (especially decisions by the Constitutional Court), conventions, academic writings, international law, and principles recognized in constitutional law.

What is meant by the principle that laws should not apply retroactively?

The principle that laws should not apply retroactively means that laws passed after a specific date cannot regulate events or actions that occurred before that date. Laws are intended to govern future behavior, not to alter past actions.

What is the relationship between general laws and special laws, as mentioned in the script?

Special laws are laws that take precedence over general laws when dealing with specific issues. For example, the corruption law overrides general criminal laws in matters related to corruption. This principle ensures that specialized legal frameworks are applied to particular circumstances.