RESTRUKTURISASI MAJELIS PERMUSYAWARATAN RAKYAT SESUDAH AMANDEMEN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945
ABSTRACT: Institution of the
People's Consultative Assembly was referred to as the supreme perpetrators of
popular sovereignty even in Article 1 (2) of the Constitution of 1945 before
the change formulated by the sentence: "The sovereignty of the people's
hands and performed entirely by the Assembly". Now, the provisions of Article
1 (2) altered its formulation into "the hands of the people's sovereignty and
implemented in accordance with the Constitution".The purpose of this study
was, first, to know clearly the position of the Assembly before and after the
amendment of the Constitution of the Republic of Indonesia Year 1945. Second,
to determine the urgency of institutional restructuring of the People's
Consultative Assembly in the state system of Indonesia. Third, todetermine the
implications of changes in the position of the Assembly on the principle of
popular sovereignty. From this research, there are three things that can be
concluded, first, notch the Assembly before the amendment is the holder of the
rule or the highest power. The position of the Assembly after the amendment is
no longer as the highest state institution, the position of all state agencies
are aligned as state institutions. Secondly, in connection with the checks and
balances it is also proposed the idea of changes to the parliamentary system of
the supremacy of the Assembly becamethe parliamentary bicameral system (two
rooms) are interwoven in a relationship of checks and balances. Third, the
amendment to article 1, paragraph (2) and Article 2, paragraph (1) implicated
in, reposition the role of the Assembly of the highest state institutions (the
supreme body) into the joint between the House of Representatives and the
Regional Representatives Council. Suggestions writer, First, people's
Consultative Assembly session which is a joint forum of the Board of
Representatives and Regional Representative Council does not need to be permanent
so that more precise leadership of the Assembly ad hoc course, do not need a
separate secretariat and leadership. Second, Reinforce a legislative system adopted
whether unicameral system (one room) that the House of Representatives and the
Regional Representatives Council remove institution or adopts a bicameral (two
rooms), namely the House of Representatives and RegionalRepresentative Council
with the consequences of having a very strong position. Third, Indonesia should
be able to follow the United States, on the relationshipbetween the House of
Representatives (DPR) and the senate in congress (parliament) who put both in a
balanced legislative function and can perform mutual checks and balances.
Penulis: Alsidik Syahputra
Kode Jurnal: jphukumdd151216
