Name.

: Cindy Firdiani

Student ID. : 017202300147

Subject. : Constitutional And Administrative Law

Class / Major : Law 3

1. Discipline of Constitutional Law:

(a)State as the Object of Study : the study of the basic principles and rules that govern a country's
government and its relationship with its citizens. This includes the structure of government, the powers
and limitations of the various branches of government, and the rights and protections afforded to
individuals and groups in society.
(b)Constitutional Legal Studies : broader field that includes the study of constitutional law, as well as
related fields such as comparative constitutional law, constitutional history, and constitutional theory. It
involves analyzing constitutional documents, court decisions, and other legal and political materials to
understand the development and application of constitutional law.

(c)Family of Constitutional Law : The includes related fields such as Comparative Constitutional Law,
which compares the constitutional systems of different countries, and International Constitutional Law,
which deals with the constitutional aspects of international organizations and treaties.

(d)Object and Scope of Constitutional Law Legal Studies : are to understand the principles and rules that
govern the relationships between governments and their citizens, as well as the structure and operation
of government institutions. This includes the study of constitutional documents, court decisions, and
other legal and political materials.

(e) Constitutional Design of Presidential Democracy : refers to the specific structure and rules that
govern a presidential system of government, in which a president serves as both the head of state and
the head of government. This includes issues such as the balance of power between the executive and
legislative branches, the role of the judiciary in checking executive power, and the methods by which a
president is elected and removed from office.

2. a)Constitution as Object of Study:

History : Formed The constitution in Indonesia began with Japan's promise which then formed the
Investigation Agency Preparatory Efforts for Indonesian Independence (BPUPKI) in Japanese is called
Dokuritsu Choosakai tubers, then form on April 29, 1945, inaugurated on May 28 1945, started work on
May 29, 1945, then with the formation of the Indonesian nation BPUPKI legally preparing for
independence, to formulate the necessary conditions fulfilled as an independent country and the
Constitution in Indonesia always experiences changes, the first to take effect is The 1945 Constitution,
then followed by the RIS Constitution in 1949 was the second constitution resulting in the formation of a
Unitary State turned into a United States. UUDS 1950 is the third constitution, though return to the
Unitary State of the Republic Indonesia, but its government system is Parliamentary until its output
Presidential Decree dated 5 July 1959 for return to the 1945 Constitution which was in effect until
reforms that bring about amendments The 1945 Constitution for the fourth time and is in effect until
Now.

Definition : Constitutional Law is a branch of law that regulates the structure, functions and relationships
between government institutions in a country. Constitutional law establishes the legal framework for
the establishment, organization, and functioning of government institutions, and clarifies the
relationship between the government and citizens. Constitutional Law covers various aspects, including
the constitution, government system, division of power, political system, rights and obligations of
citizens, as well as legal protection for citizens from government actions that violate their constitutional
rights.

Values : liberty, justice, and equality, as outlined in the Bill of Rights and other amendments.
Nature : The Constitution is a legal and political document. It is legal in the sense that it establishes the
legal framework for government and determines the authority and responsibilities of government
institutions. These rules are political in the sense that they reflect the values, interests, and
compromises of the society that drafted them

Purpose : The purpose of a constitution is to provide a stable and predictable framework for
governance, to protect the rights and freedoms of citizens, and to prevent the abuse of power by
government officials. It is designed to ensure that the government operates in the best interests of the
people, rather than for the benefit of a ruling elite

Essence of the Constitution : its role as the highest law in a country, which determines the limits of the
government's exercise of power and protects the rights of citizens. It is the foundation on which a
country's legal and political system is built

(b)Relations Between the President & The House of Representatives. : central aspect of the U.S.
government's structure, reflecting the separation of powers and the checks and balances designed to
prevent the concentration of power. The President, as the head of the executive branch, has the power
to veto legislation passed by the House of Representatives, but this veto can be overridden by a two-
thirds majority vote in both houses of Congress.

3. ) A. Sources of constitutional law consist of two parts, namely formal and material sources of
constitutional law. The source of material constitutional law is the source that determines the content of
the rules of constitutional law. The source of material constitutional law is Pancasila. Sources of formal
constitutional law are always associated with processes and mechanisms and authority in making laws.
The source of formal constitutional law is the 1945 Constitution

B. The Indonesian Constitution recognizes the existence of customary law communities and customary
law communities as intended in Article 18B paragraph (2) which states that the State recognizes and
respects customary law community units and their traditional rights as long as they are still alive and in
accordance with the development of society and the principles of the Unitary State of the Republic.
Indonesia, which is regulated by law." The constitutional framework for regional autonomy in Indonesia
is designed to accommodate the diversity and uniqueness of various regions in the country.

4. )(a)Organs and Functions of State Power :

Executive Power: Executive power is vested in the president and vice president, who are responsible for
the administration and enforcement of the law.

Legislative Power: Legislative power is vested in the People's Consultative Assembly (MPR), the House of
Representatives (DPR), and the Regional Representatives Council (DPD). The MPR is responsible for
amending and enacting the Constitution and inaugurating or dismissing the president and vice
president. The DPR issues laws and regulations, supervises the government, and oversees and approves
the state budget. The DPD has limited authority in certain areas related to regional government and can
only propose, evaluate, give consideration, and advise on the bill to the DPR.

Judicial Power: Judicial power is exercised by the Supreme Court and the Constitutional Court. The
Supreme Court is responsible for cassation, judicial review 'PK' (a form of final appeal), judicial review,
and supervision of other courts. The Constitutional Court is authorised to test laws against the
Constitution, hear disputes over the authority of state institutions, hear the dissolution of political
parties, hear the results of general elections, and decide on the opinion of the DPR that the president
and/or vice president has committed an offence.

(b)Constitutional Court Justices : is the highest judicial institution in Indonesia, responsible for
interpreting the constitution and ensuring that all laws and government actions are in line with the
constitution. Constitutional Court judges are appointed by the President of Indonesia with the approval
of the People's Consultative Assembly (MPR). The Constitutional Court has the authority to review laws,
government actions, and other court decisions to ensure that they are in line with the constitution.
5. (a)Human Rights and Citizenship under the Constitution and The Role of Constitutional Court : The
Indonesian Constitution, referred to as the 1945 UUD, is a crucial law defining human rights and
responsibilities, including life, dignity, and rights as citizens. The Constitution also establishes the
Constitutional Court, which studies the government's power, politics, and public policy.

(b)Political Parties & The Election under Indonesian Law : Indonesia's political party is governed by the
UUD and various laws, including the 2003 Constitutional Amendment No. 24 on the Constitution, which
grants the government the right to form and participate in politics, with elections conducted by the
Supreme Court

(b)Prospect & Challenges of Constitutional Law : Indonesia's legal framework aims to establish a strong
constitutional foundation and a strong government. The Constitutional Court plays a crucial role in this
process by defining the state's role and ensuring its functioning according to its constitutional power.
However, the Indonesian legal framework must balance constitutional principles with unique social and
political conditions.
6.) Introduction to State Administrative Law: is a legal regulation regarding administration in a country,
where the relationship between citizens and their government can run well and safely.

Key Terms :

Administrative Law: The body of law that governs the regulation of government agencies at federal and
state levels.

State Administrative Law: The specific area of law that deals with the regulation of state government
agencies.

State Administrative Procedure Act (SAPA): Similar to the federal Administrative Procedure Act (APA),
SAPA provides the procedures that state agencies must use in activities such as rulemaking.

Definition : a legal framework that governs the regulation of state government agencies. It is a subset of
administrative law and is concerned with the organization, powers, duties, and functions of public
authorities at the state level.
Scope : State administrative law covers a wide range of areas, including trade, labor, manufacturing, civil
rights, the environment, taxation, communications, and more. It is designed to ensure efficient,
economical, and just administration while protecting the rights of individuals.

Division of State Administrative Law : • Substantive Law , • Procedural Law , • Judicial Review

Relation with Other Legal Discipline : closely related to other legal disciplines, such as constitutional law
and public law. It often intersects with these areas, particularly in matters related to the organization
and powers of state government agencies.

and Principles of State Administrative Law : Efficient Administration, Justice, Procedural Uniformity,
Comparative Analysis, Creative Solutions

7. Sources of State Administrative Law

A. Material ( Factors influencing the content of legal rules )

1. Historical : written legal system in the past

2. Philosophical -> a measure determining fairness: factors that encourage someone to submit to rules.

3. Sociological/Anthropological -> factors within society (economic, religious, psychological views)

B. Formal (Forms of legal rules):

1. Legislation (written law)

2. Conventions (state administrative practices)

3. Jurisprudence
4. Doctrine (legal experts' opinions)