Legal Systems in Indonesia

Name : Muhammad Rizqi Aqilla (23.0201.0063)

Dila Lailatul Sa’da (23.0201.0061)
Andi Kurniawan (23.0201.0060)

1.What form does your constitution take?

The constitution exists as a demand and expectation of its people to

achieve justice and guarantee the human rights and political rights of
citizens.The constitution and the state are two things that cannot be
separated from each other. Without a constitution, a state cannot be
formed and run systematically. And a constitution must have a more stable
nature than other legal products.

On August 18, 1945, Panitia Persiapan Kemerdekaan Indonesia

drafted a text called the Undang-Undang Dasar Negara Republik Indonesia
as a written constitution.

In addition to being based on the Undang-Undang Dasar Negara

Republik Indonesia, Indonesia is classified as a constitutional state
because of the concept and idea of the rule of law. law is considered to
guarantee the upholding of the constitution which has the highest position,
building rational and impersonal law in the state.

2. What is the system of governance?

A constitutional system of government regulates how to govern a
country, plots the duties and responsibilities of state institutions in
protecting human rights and maintaining resilience, stability and democratic
governance.

A. Regulating the Powers of Government. The constitution determines

how power will be divided between the branches of government,
such as the executive, legislature and judiciary. This helps prevent
abuse of power by the government
 B. Regulates the Relationship between the Government and the
People.The constitution sets out the relationship between the
government and the citizens, covering the rights and duties of
citizens as well as the human rights protected by the constitution

C. Defines the Limits of Power. The constitution sets the limits of

government power, thus ensuring the resilience of the government
and protecting human rights.

D. Regulates International Relations. The constitution can also regulate

the international relations of the country, including the procedures for
approving international treaties.

3. Does the constitution provide for a separation ofpowers?

Constitutions can regulate the separation of powers by establishing

the division of powers between the three branches of power, namely the
legislature, the executive and the judiciary. This is regulated in the basic
law of a country, namely the country's Constitution. Constitutions also
contain provisions on the limitation of state power, so that the dynamics of
power in the governance process can be limited and controlled.

Van Vollenhoven in his book Staatsrecht over Zee. He He classifies

the Separation of powers into four types.
A. Government/bestuur
B. Legislation,
C. Police
D. Courts.

Wirjono Prodjodikoro in his book Asas-asas Hukum Tata Negara di

Indonesia, was supports Van Vollenhoven's idea, and he even proposes to
add two more types of state power, namely the power of the Attorney and
the Power of the Auditor General to examine state finances.
A. Power to make laws (legislative)
B. Power to execute laws (executive)
C. Judicial power (judiciary)
D. Police power
E. Prosecutorial power
F. Power to examine state finances
 In Indonesia, the separation of powers was carried out periodically,
from the stipulation of the Undang-Undang Dasar 1945 at August 18, 1945
to December 27, 1949. Until the General Assembly of the MPR from 1999
to 2002. For change the direction of the Undang-Undang Dasar 1945.

Post-fourth amendment, the separation of powers is assigned to State

institutions with equal positions.
A. The executive branch, namely the President and his cabinet, holds
the power to implement the law.

B. The legislative body consisting of the People's Consultative

Assembly, the House of Representatives and the Regional
Representative Council as lawmakers and oversee the
implementation of approved laws.

C. Judiciary consisting of the Supreme Court, Constitutional Court and

Judicial Commission. As supervisors of the implementation of the
Constitution and applicable laws.