Chapter I
Preliminary
A. Background
The common thread is the State law on the implementation and administration of state affairs that should be focused on the Act and provide a guarantee of basic rights of the people. Because basically, the rule of law and the power of the people (of interest) have to walk in harmony so as to harmony.
As a means of implementing and completeness of government that has the function of carrying out essential tasks and facultative State is the important role of this organ. The Government is also as subjects of law, has a range of actions both real and not real action. Legal action is the will of the organs of government that carries government due to the legal relationship or legal circumstances that exist so that the organs of government should not be handicapped because later cause legal consequences are not valid. Any legal action the government should always be based on applicable laws and regulations in order to regulate and serve the public interest to be realized within the provisions of the relevant legislation. In fact, not all administrative matters can be held solely by the organs of government because government complex memilikiurusan necessitating the involvement of the private sector with the cooperation. So we should know this wacanan. And the phenomenon is a government organization that wants wacanan we describe further. B. Problem Formulation
As for the problems studied in this paper, which can be formulated as follows:
1. What is the definition of governmental organizations?
2. How is the relationship between the levels in government?
3. How does the composition of the government position in the State of Indonesia?
4. What are the State institutions relevant from the center to the regions?
5. What is the legal action?
C. Library Review
Governmental organizations is one of the discussion in the State administrative law covering the relationship between timgkat-level organizations in government. Understanding, l governmental organizations, relationship levels, the composition of the government position in Indonesia, and State agencies from central to local.
In the book "The Lion Gie" about "Understanding the Status and Details of Administrative Sciences" in explaining that government organizations are not in the write down in detail. So for completeness of this paper, we take and combine the various literature relating to the organization pemeriintah, authority, levels, positions, and agencies in government, so this paper can conclude from the literature, including books karyaInu Syafii'ie Kencana, Bintoro Tjokroamidjojo, and so forth.
D. Methodology
1.Jenis research
This type of research is literature that is by taking the primary data from the literature on literatut-intensive review. The data we collect from some books. Any weakness of the book is closed by the excess of other books.
2.sifat Research
The nature of this research is descriptive and the normative that is presented describing the object being studied. The paper is historical, we study and write from time to time.
Chapter II
DISCUSSION
A. Understanding Government Organization
The main elements of the administration is the Organization as a sub-concept or tatakeragaan as a process of structuring a series of activities that form the framework for preparing a container for all the cooperation activities by classifying the jobs that must be shared duties among the officers who shall carry out, assign Javan authority and responsibility of each, as well as compile-woven fabric of working relationships among its officials, By conducted a series of activities which form tatakeragaan arrangement will create a framework of cooperation which Laim called the Organization. If associated with the organization so that the Government is bureaucratic tools to achieve national goals and objectives of Government.
Thus the purpose of the organization of government is
1.For divide the tasks of government so that it can be carried out efficiently and economically as possible.
2.Membatasi Regional Authority and responsibility of administrative units so as to keep based on basic legal and political oversight.
The organization is required to provide a structural framework for communication in order to move the implementation and coordination of the tasks of government are a lot of it, thus preparing the organization of government is simply a tool to achieve the goals of government organizations is also needed for the execution of duties of good government, has fundamental Territory law, authorities accountable.
In the literature there is the division of the nature of government that is bound kewengangan, Facultative and free, especially in relation to kewenanan creation and publication of decisions and decrees by people pemerintahan.Selain society organizations also have the authority to take actions hukumpemerintahan because government is subject to legal . As a rule of law subjak as other legal subjects perform various actions, either action or actions Hukum.Tindakan Real Real is not actions that are not relevant to the law and therefore did not result in consequences according to Law hokum.Tindakan RJHM Huisman, actions which by its nature can cause due to certain legal or legal action is action that is intended to create legal rights and obligations of result that is born of legal action is the consequences that have relevabsi with laws such as the creation of a new legal relationship, change or termination of the relationship there.
B. Depth-Level Intergovernmental Relations State Institutions
1. MPR with the House of Representatives and the Constitutional Court
The presence of MPR in the system of representation is seen as a typical feature of a democratic system in Indonesia. Membership of the Assembly which consists of members of Parliament and members of DPD showed that the MPR is still viewed as an institution because of its membership elected people's representatives in the general election. Elements of House members to reflect the principles of political democracy, while elements of the DPD to reflect the principle of regional representation for regional interests are not neglected. With the change in the position of the MPR, then the pe ¬ understanding manifestation of popular sovereignty was reflected in the three branches of power of representative institutions, the President, and holders of judicial authority.
As an institution, the Assembly has the authority to change and establish the Constitution, elect the President and / or Vice President in the event of vacancy of the President and / or Vice President, inaugurated the President and / or Vice President, and the authority to dismiss the President and / or Vice President by the Constitution.
In the context of the implementation of authority, even though lawmakers have a larger number of members of DPD, but the role of DPD in the Assembly are very large for example in terms of changing the constitution that must be attended by 2 / 3 members of the Assembly and dismiss the President who must be attended by 3 / 4 members of the Assembly the role of DPD in the authorization is a necessity.
In conjunction with the House, specifically regarding the implementation of the MPR session associated with the authority to dismiss the President and / or Vice President, the process can only be done if preceded by an opinion filed in the House of Representatives.
Furthermore, Article 24C Paragraph (1) of the 1945 Constitution states that one of the authority of the Constitutional Court is to rule on the dispute the authority of state institutions whose authorities are granted the Constitution. Because the position of the Assembly as a state institution and when the Assembly dispute with other state agencies that have the same authority specified by the Constitution, then the conflict must be resolved by the Constitutional Court.
2. House with the President, DPD, and MK.
Under the 1945 Constitution, the board now comprises representatives from DPR and DPD. The difference lies in the nature of both the interests they represent, the House of Representatives to represent the people while the DPD to represent the region. Article 20 paragraph (1) states that the parliament holds the power to form the law. Furthermore, to strengthen the position of Parliament as the holder of the legislative power in Article 20 paragraph (5) confirmed that in the event a mutually acceptable bill is not enacted by the President within 30 days since the bill was approved, legitimate and obligatory enacted into law. In connection with the DPD, there is a working relationship in this case has come memba ¬ bill relating to a particular field, DPD provide specific consideration of the bill, and submit the results of monitoring the implementation of certain laws in Parliament.
In conjunction with the Constitutional Court, there is a relationship that is working procedures in the House request to the Constitutional Court to examine the opinion of the Parliament about allegations that the President guilty. Besides, there are other such relationships work procedures in the case when there is a dispute with other state institutions, the process of nominating candidates for constitutional justice, and the process of filing an opinion stating that the House of Representatives President of guilt to be examined by the Court.
3. DPD with the House, CPC, and MK
Duties and powers relating to the House of Representatives DPD is filed in the case of a particular bill to the House of Representatives, joined together to discuss a particular bill with the House, giving consideration to the Parliament for a specific bill, and to convey the result ¬ supervision of the implementation of certain laws in Parliament. In this regard, the Council as a representative body which represents local authorities in running is to promote regional interests. In conjunction with the CPC, the DPD under the provisions of the Constitution to erima ¬ CPC examination results and give consideration during the selection of members of the CPC.
This provision entitles the Council to make the financial statements of CPC as an ingredient in order to carry out the duties and authority it possesses, and to help determine your CPC membership in the JOURNAL OF ASSEMBLY 29 n Vol. 1 No.1. August 2009. election of members of the CPC. In addition, the CPC report will be used as material to submit proposals and considerations regarding the state budget bill.
In relation to the Constitutional Court, there is a relationship work procedures related to the authority of the Court in the case when there is a dispute with other state institutions.
4. MA with other state institutions
Article 24 paragraph (2) stipulates that the judicial power made by a Supreme Court and judicial bodies underneath as well as by a Constitutional Court. The provision is stated peak power kehaki ¬ man and the rule of law is in MA and MK. The Supreme Court is an independent institution and should be free from the influence of the branches of power to another.
In conjunction with the Constitutional Court, the Supreme Court filed three (3) constitutional judges to be appointed as judges in the Supreme Constituent ¬ Tusi.
5. Constitutional Court by the President, Parliament, CPC, DFS, MA, KY
The authority of the Constitutional Court in accordance with the provisions of Article 24C Paragraph (1) and (2) is to adjudicate at the first and the last to get ¬ guji Act against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted the Constitution, decide upon the dissolution of political parties, and decide disputes about the election results. In addition, the Court also required to give ¬ Parliament decision on the opinion concerning alleged violations by the President and / or Vice President by the Constitution.
With these powers, it is clear that the Court has a good relationship working with all state agencies that if there are disputes between state institutions or in the event the judicial review filed by state agencies in MK.
6. CPC with the DPR and DPD
CPC is a free and independent institution to examine the management ¬ Laan and responsibilities of state finances and the assessments submitted to the DPR, DPD, and DPRD.
With CPC arrangements in the Constitution, there are developments which deny ¬ kut organizational form changes structurally and the expansion of the reach of examination duties functionally. Because the current investigation is also towards the implementation of CPC in areas of the state budget and shall submit the results were in addition to the House of Representatives also on the DPD and DPRD.
In addition to the state budget within the framework of inspection, relations with the DPR and DPD CPC is in the process of selecting members of the CPC.
7. With the Supreme Judicial Commission
Article 24A Paragraph (3) and Article 24B paragraph (1) asserts that the proposed candidate for the Supreme Judge of the Judicial Commission to the Parliament for approval. To ¬ existence of the Judicial Commission can not be separated from the power of the judiciary. From this provision that the office of judge is a position of honor that must be respected, maintained, and enforced his honor by an institution which also is independent. In conjunction with MA, KY tasks associated only with the function of proposing the appointment of Supreme Court Justices, while proposing the appointment of other judges, as judges of the Constitutional Court was not associated with KY.
C. Composition of Government Position in Indonesia.
Republic of Indonesia has the structure of governance. There are two main composition of the government at central and local levels of government. The composition of the central level of government are state agencies that provided for in the 1945 Constitution of the Peoples Consultative Assembly (MPR), the President, the Supreme Advisory Council (DPA), House of Representatives (DPR), the Supreme Audit Board (BPK), and the Supreme Court (MA .) MPR is the highest state institution. Other tertyinggi institutions called the highest state institution.
If the organizational structure of the central level, reflects all the branches of government and state functions in ununnya. This is not the same as local-level state organizations. The organizational structure of the regional level is limited to the structure of governance and regulation elements.
Central government does not melksanakan all administrative matters, but need help from the government unit is lower. Government affairs is a matter left to the region in areas with the supervision of central government (does not contain independence).
The composition of the local level of government provided for in the Act No.5 of 1974 on the main points of local government and the Act No.5 of 1979 on village governance.
While in the second level there are 2 composition of the government. The first is the organizational unit and the second is a body or organization. Organizational units are not fully-owned government official. Organizational unit associated with a policy guidance, the extension of government. Cooperatives and rural development unit is a partial example of organizational unit. Organization or entity is a state-owned enterprise or capital of the country. Organization or entity example is the authorities, institutions and so forth.
There are several types of organizations:
1. Specialization according to destination.
A division of labor according to the tugasdari a government agency in order to achieve the objectives of government. For example, the finance department has the task of tax collection.
2. Specialization according to the process.
The division of labor according to a particular work process that will provide services for other government organizations. One example is the civil improvements can be made by a particular agency.
3. Specialization according to customers or clients.
An example is the government body which deals with the problem of natural disasters or war.
4. Specialization by product.
Division of labor in business administration. As afanya government unit in charge of logistics of rice or a government body in charge of the mine.
Preliminary
A. Background
The common thread is the State law on the implementation and administration of state affairs that should be focused on the Act and provide a guarantee of basic rights of the people. Because basically, the rule of law and the power of the people (of interest) have to walk in harmony so as to harmony.
As a means of implementing and completeness of government that has the function of carrying out essential tasks and facultative State is the important role of this organ. The Government is also as subjects of law, has a range of actions both real and not real action. Legal action is the will of the organs of government that carries government due to the legal relationship or legal circumstances that exist so that the organs of government should not be handicapped because later cause legal consequences are not valid. Any legal action the government should always be based on applicable laws and regulations in order to regulate and serve the public interest to be realized within the provisions of the relevant legislation. In fact, not all administrative matters can be held solely by the organs of government because government complex memilikiurusan necessitating the involvement of the private sector with the cooperation. So we should know this wacanan. And the phenomenon is a government organization that wants wacanan we describe further. B. Problem Formulation
As for the problems studied in this paper, which can be formulated as follows:
1. What is the definition of governmental organizations?
2. How is the relationship between the levels in government?
3. How does the composition of the government position in the State of Indonesia?
4. What are the State institutions relevant from the center to the regions?
5. What is the legal action?
C. Library Review
Governmental organizations is one of the discussion in the State administrative law covering the relationship between timgkat-level organizations in government. Understanding, l governmental organizations, relationship levels, the composition of the government position in Indonesia, and State agencies from central to local.
In the book "The Lion Gie" about "Understanding the Status and Details of Administrative Sciences" in explaining that government organizations are not in the write down in detail. So for completeness of this paper, we take and combine the various literature relating to the organization pemeriintah, authority, levels, positions, and agencies in government, so this paper can conclude from the literature, including books karyaInu Syafii'ie Kencana, Bintoro Tjokroamidjojo, and so forth.
D. Methodology
1.Jenis research
This type of research is literature that is by taking the primary data from the literature on literatut-intensive review. The data we collect from some books. Any weakness of the book is closed by the excess of other books.
2.sifat Research
The nature of this research is descriptive and the normative that is presented describing the object being studied. The paper is historical, we study and write from time to time.
Chapter II
DISCUSSION
A. Understanding Government Organization
The main elements of the administration is the Organization as a sub-concept or tatakeragaan as a process of structuring a series of activities that form the framework for preparing a container for all the cooperation activities by classifying the jobs that must be shared duties among the officers who shall carry out, assign Javan authority and responsibility of each, as well as compile-woven fabric of working relationships among its officials, By conducted a series of activities which form tatakeragaan arrangement will create a framework of cooperation which Laim called the Organization. If associated with the organization so that the Government is bureaucratic tools to achieve national goals and objectives of Government.
Thus the purpose of the organization of government is
1.For divide the tasks of government so that it can be carried out efficiently and economically as possible.
2.Membatasi Regional Authority and responsibility of administrative units so as to keep based on basic legal and political oversight.
The organization is required to provide a structural framework for communication in order to move the implementation and coordination of the tasks of government are a lot of it, thus preparing the organization of government is simply a tool to achieve the goals of government organizations is also needed for the execution of duties of good government, has fundamental Territory law, authorities accountable.
In the literature there is the division of the nature of government that is bound kewengangan, Facultative and free, especially in relation to kewenanan creation and publication of decisions and decrees by people pemerintahan.Selain society organizations also have the authority to take actions hukumpemerintahan because government is subject to legal . As a rule of law subjak as other legal subjects perform various actions, either action or actions Hukum.Tindakan Real Real is not actions that are not relevant to the law and therefore did not result in consequences according to Law hokum.Tindakan RJHM Huisman, actions which by its nature can cause due to certain legal or legal action is action that is intended to create legal rights and obligations of result that is born of legal action is the consequences that have relevabsi with laws such as the creation of a new legal relationship, change or termination of the relationship there.
B. Depth-Level Intergovernmental Relations State Institutions
1. MPR with the House of Representatives and the Constitutional Court
The presence of MPR in the system of representation is seen as a typical feature of a democratic system in Indonesia. Membership of the Assembly which consists of members of Parliament and members of DPD showed that the MPR is still viewed as an institution because of its membership elected people's representatives in the general election. Elements of House members to reflect the principles of political democracy, while elements of the DPD to reflect the principle of regional representation for regional interests are not neglected. With the change in the position of the MPR, then the pe ¬ understanding manifestation of popular sovereignty was reflected in the three branches of power of representative institutions, the President, and holders of judicial authority.
As an institution, the Assembly has the authority to change and establish the Constitution, elect the President and / or Vice President in the event of vacancy of the President and / or Vice President, inaugurated the President and / or Vice President, and the authority to dismiss the President and / or Vice President by the Constitution.
In the context of the implementation of authority, even though lawmakers have a larger number of members of DPD, but the role of DPD in the Assembly are very large for example in terms of changing the constitution that must be attended by 2 / 3 members of the Assembly and dismiss the President who must be attended by 3 / 4 members of the Assembly the role of DPD in the authorization is a necessity.
In conjunction with the House, specifically regarding the implementation of the MPR session associated with the authority to dismiss the President and / or Vice President, the process can only be done if preceded by an opinion filed in the House of Representatives.
Furthermore, Article 24C Paragraph (1) of the 1945 Constitution states that one of the authority of the Constitutional Court is to rule on the dispute the authority of state institutions whose authorities are granted the Constitution. Because the position of the Assembly as a state institution and when the Assembly dispute with other state agencies that have the same authority specified by the Constitution, then the conflict must be resolved by the Constitutional Court.
2. House with the President, DPD, and MK.
Under the 1945 Constitution, the board now comprises representatives from DPR and DPD. The difference lies in the nature of both the interests they represent, the House of Representatives to represent the people while the DPD to represent the region. Article 20 paragraph (1) states that the parliament holds the power to form the law. Furthermore, to strengthen the position of Parliament as the holder of the legislative power in Article 20 paragraph (5) confirmed that in the event a mutually acceptable bill is not enacted by the President within 30 days since the bill was approved, legitimate and obligatory enacted into law. In connection with the DPD, there is a working relationship in this case has come memba ¬ bill relating to a particular field, DPD provide specific consideration of the bill, and submit the results of monitoring the implementation of certain laws in Parliament.
In conjunction with the Constitutional Court, there is a relationship that is working procedures in the House request to the Constitutional Court to examine the opinion of the Parliament about allegations that the President guilty. Besides, there are other such relationships work procedures in the case when there is a dispute with other state institutions, the process of nominating candidates for constitutional justice, and the process of filing an opinion stating that the House of Representatives President of guilt to be examined by the Court.
3. DPD with the House, CPC, and MK
Duties and powers relating to the House of Representatives DPD is filed in the case of a particular bill to the House of Representatives, joined together to discuss a particular bill with the House, giving consideration to the Parliament for a specific bill, and to convey the result ¬ supervision of the implementation of certain laws in Parliament. In this regard, the Council as a representative body which represents local authorities in running is to promote regional interests. In conjunction with the CPC, the DPD under the provisions of the Constitution to erima ¬ CPC examination results and give consideration during the selection of members of the CPC.
This provision entitles the Council to make the financial statements of CPC as an ingredient in order to carry out the duties and authority it possesses, and to help determine your CPC membership in the JOURNAL OF ASSEMBLY 29 n Vol. 1 No.1. August 2009. election of members of the CPC. In addition, the CPC report will be used as material to submit proposals and considerations regarding the state budget bill.
In relation to the Constitutional Court, there is a relationship work procedures related to the authority of the Court in the case when there is a dispute with other state institutions.
4. MA with other state institutions
Article 24 paragraph (2) stipulates that the judicial power made by a Supreme Court and judicial bodies underneath as well as by a Constitutional Court. The provision is stated peak power kehaki ¬ man and the rule of law is in MA and MK. The Supreme Court is an independent institution and should be free from the influence of the branches of power to another.
In conjunction with the Constitutional Court, the Supreme Court filed three (3) constitutional judges to be appointed as judges in the Supreme Constituent ¬ Tusi.
5. Constitutional Court by the President, Parliament, CPC, DFS, MA, KY
The authority of the Constitutional Court in accordance with the provisions of Article 24C Paragraph (1) and (2) is to adjudicate at the first and the last to get ¬ guji Act against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted the Constitution, decide upon the dissolution of political parties, and decide disputes about the election results. In addition, the Court also required to give ¬ Parliament decision on the opinion concerning alleged violations by the President and / or Vice President by the Constitution.
With these powers, it is clear that the Court has a good relationship working with all state agencies that if there are disputes between state institutions or in the event the judicial review filed by state agencies in MK.
6. CPC with the DPR and DPD
CPC is a free and independent institution to examine the management ¬ Laan and responsibilities of state finances and the assessments submitted to the DPR, DPD, and DPRD.
With CPC arrangements in the Constitution, there are developments which deny ¬ kut organizational form changes structurally and the expansion of the reach of examination duties functionally. Because the current investigation is also towards the implementation of CPC in areas of the state budget and shall submit the results were in addition to the House of Representatives also on the DPD and DPRD.
In addition to the state budget within the framework of inspection, relations with the DPR and DPD CPC is in the process of selecting members of the CPC.
7. With the Supreme Judicial Commission
Article 24A Paragraph (3) and Article 24B paragraph (1) asserts that the proposed candidate for the Supreme Judge of the Judicial Commission to the Parliament for approval. To ¬ existence of the Judicial Commission can not be separated from the power of the judiciary. From this provision that the office of judge is a position of honor that must be respected, maintained, and enforced his honor by an institution which also is independent. In conjunction with MA, KY tasks associated only with the function of proposing the appointment of Supreme Court Justices, while proposing the appointment of other judges, as judges of the Constitutional Court was not associated with KY.
C. Composition of Government Position in Indonesia.
Republic of Indonesia has the structure of governance. There are two main composition of the government at central and local levels of government. The composition of the central level of government are state agencies that provided for in the 1945 Constitution of the Peoples Consultative Assembly (MPR), the President, the Supreme Advisory Council (DPA), House of Representatives (DPR), the Supreme Audit Board (BPK), and the Supreme Court (MA .) MPR is the highest state institution. Other tertyinggi institutions called the highest state institution.
If the organizational structure of the central level, reflects all the branches of government and state functions in ununnya. This is not the same as local-level state organizations. The organizational structure of the regional level is limited to the structure of governance and regulation elements.
Central government does not melksanakan all administrative matters, but need help from the government unit is lower. Government affairs is a matter left to the region in areas with the supervision of central government (does not contain independence).
The composition of the local level of government provided for in the Act No.5 of 1974 on the main points of local government and the Act No.5 of 1979 on village governance.
While in the second level there are 2 composition of the government. The first is the organizational unit and the second is a body or organization. Organizational units are not fully-owned government official. Organizational unit associated with a policy guidance, the extension of government. Cooperatives and rural development unit is a partial example of organizational unit. Organization or entity is a state-owned enterprise or capital of the country. Organization or entity example is the authorities, institutions and so forth.
There are several types of organizations:
1. Specialization according to destination.
A division of labor according to the tugasdari a government agency in order to achieve the objectives of government. For example, the finance department has the task of tax collection.
2. Specialization according to the process.
The division of labor according to a particular work process that will provide services for other government organizations. One example is the civil improvements can be made by a particular agency.
3. Specialization according to customers or clients.
An example is the government body which deals with the problem of natural disasters or war.
4. Specialization by product.
Division of labor in business administration. As afanya government unit in charge of logistics of rice or a government body in charge of the mine.
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