D. State Institutions Up Of Regional Centre
1. People's Consultative Assembly
MPR has two power groups: the group task and group authority. Which includes the task is to establish the Constitution, establish guidelines, and select and appoint the President and Vice President. While the authority is to change the Constitution.
Constitution Article 3 that "because the People's Consultative Assembly held the sovereignty of the State unlimited powers ..."
2. House of Representatives
In Article 5, paragraph 1 "The President holds the power to form the Act with the approval of Parliament"
Parliament has the right of initiative in proposing the Draft Law, member approval in the case of President memnuat agreements with other countries, overseeing the administration
3. Supreme Advisory Council
Jawaba member is obliged to question the President and is entitled to submit proposals to the government. Because the institution inisebuah advisory body. Itemized in accordance with Law No. 3 of 1967, Act No.4 of 1978, and Tap No.III/MPR/1978:
• DPA is a Government Advisory Board
• DPA is obliged to give an answer to the question of President
• DPA entitled to submit the proposal and shall give consideration to the government
State constitutional law was not to show avail DPA, and very difficult to place the member in accordance with the sovereignty of the people.
4. Supreme Court
MA is a State Supreme Court justice from all the agencies that run the power of the judiciary to function as stipulated in Law No.14 of 1970 and Law No.14 of 1985.
Powers MA:
• Giving and deciding appeals, disputes, and application review
• Provide legal advice to the President
• Test materially legislation
The composition of the Supreme Court ROBLEM as follows:
• Chief Justice
• Akil chairman Ma
• Some young chairman
• Supreme Court
• Registrar and the clerk's successor
5. Audit Board
Serves to examine the financial responsibility of the State. In performing their duties, free from the influence of CPC and the elements of power that other State.
Article 2 of Law No. 5 / 1973 on the tasks of CPC:
• Checking the responsibility of the Government of the State finances
• Monitor all the implementation of State Budget
And this is confirmed again in the Tap No.III/MPR/1978
a. Operator Central Level Government
• President
heads of state and head of the Indonesian government. As head of state, the President is the official symbol of the Indonesian state in the world. As head of government, the President is assisted by vice presidents and ministers in the cabinet, holds the executive power to carry out tasks of daily government. President (and Vice-President) has served for 5 years, and thereafter may be reappointed in the same position for one more term.
The powers, obligations and rights of the President, among others:
Hold the power of government by the Constitution
Hold the highest authority of the Army, Navy, and Air Force
Propose Bill to the House of Representatives (DPR). President discussing and giving approval for the bill with the House and signed the bill into law.
Establish the Government Regulation in Lieu of Law (in a crunch that forced)
Establish Regulation
To appoint and dismiss ministers
To declare war, make peace and treaties with other countries with the approval of Parliament
Making other international agreements with the approval of Parliament
To declare a state of emergency.
To appoint ambassadors and consuls. In lifting the ambassador, the President considering the recommendations of the House of Representatives
Receive placement ambassadors of other countries by taking into consideration the Parliament.
Give pardon, rehabilitation by taking into consideration the Supreme Court
Giving amnesty and abolition to considering the recommendations of the House of Representatives
Give the title, service marks, and other honors, regulated by Law
Opened member of the Audit Board is elected by Parliament with respect to consideration of the Regional Representatives Council
Establish justices from among candidates proposed by the Judicial Commission and approved by the House of Representatives
Establish the constitutional judges from candidates nominated President, Parliament, and Supreme Court
To appoint and dismiss members of the Judicial Commission with the approval of Parliament.
• Vice President
Vice President is the government positions that are one level lower than the President. Usually in order of succession, the vice president will take over as president when he was unable to temporary or permanent.
Vice President generally defined by the constitution by a country to accompany the president if the president runs the tasks of state in another country or if the president handed over the resignation of the presidency or obstacles in carrying out tasks such as experiencing the death of the president in office.
• Minister and Department
Minister to help the President carry out the affairs of government in specific areas in accordance with the duties and functions of the Department. Minister of State for the Department but did not lead the government duties in certain areas.
Presidential Decree No.45 of 1984 consisted of the Minister as chairman Departemet, Sekretarist General, Directorate General, Inspektora General, Regional Office, and others.
Duties:
led the Department of
determine government policy on
developing and carrying out cooperation with the Departments, Agencies, and other organizations.
• Non-Departmental
Central-level government body that runs the authority, duty and responsibility to organize the administration in certain fields, such as land, statistics, planning, and so forth. Is under and responsible directly to the President with a lower position than the Ministry.
Example:
Institute of Public Administration
The National Security and Defense Council
Logistics Agency
b. Local Government
According to Law No. 5 of 1974 consists of the head of local government and regional parliament. But the arrangement was changed. According to Law No.22 of 1948 and Law No. 1 of 1957 local government consists of the House of Representatives (DPRD) and the Local Government Council (DPD). The regional head of local government is the fittings.
A. Head of the Region.
Head area has 2 functions of the head of an autonomous region and the leadership that carries out general administrative affairs of the central government in the area. The regional head not responsible for the parliament. In the position as an element of local governments that implement autonomy and duty of assistance, the head region as an autonomous regional head performing their duties and authority as follows:
a. Leading the organization and responsible for the operations of local government.
b. Represent areas within and in the courts.
c. Enact regulations with the approval of Parliament.
d. Setting another decision by Atua without parliament approval.
e. Conducts stewardship, accountability and financial control areas.
Head area as Head area, have the duty and authority as the following:
a. Guide and oversee Parliament.
b. Maintaining peace and order area.
c. Carry out all operations and activities in the field of coaching idiologinegara and domestic politics.
d. Running coordination of activities among institutions oinstansi vertical and vertical and regional offices ..
e. Carry out government duties given to him.
f. Carry out government duties that are not included in the task of other agencies.
B. House of Representatives (DPRD)
Members of Legislative Assembly for the election and filled with rank and consists of representatives of organizations participating in the election.
There are several duties, powers, and duties of Parliament, namely:
a. Joint Head of the making of local regulations.
b. Give approval for the decree of the head area in a given field.
c. Establish Regional Budget (APBD).
Unlike the regional head, DPRD only carry out duties, powers and rights in the areas of autonomy and duty of assistance. In other words Parliament only control and manage the housekeeping area.
C. Tool Supplies elsewhere.
Local Government Secretary has also parliaments, regional secretary, agencies and regional development. If the secretariat staff performing their duties, agencies are implementing elements of the chores and tasks of assistance. Regional Advisory Board is a forum that gives opinions, suggestions and proposals relevant regional head with the regional administration.
D. Regional Finance.
Both the level 1 and 2 has two main sources of local finance, the local revenue (PAD) and pendapata originating from central or local government administration that is more top.
PAD consists of local taxes, retribution, the results from local companies, and other lawful income. Revenue derived from contributions of greater than PAD. In addition to PAD and donations, the area can also be entered into a loan. The loan is determined by the decision of regional head and go over parliament and minister in the country.
E. GOVERNMENT ACTION IN STATE LAW
Government legal action is action taken by the Board or Administrative Officer in conducting the affairs of government.
In state law, any government action should be based on law, because in principle there are countries wetmatigheid van bestuur or principle of legality. This principle determines that without a basis of authority granted by the legislation in force, then all sorts of government officials will not have the authority to influence or change the state or legal position of their peoples.
However, not always available every act of government laws and regulations that govern them. Can occur, under certain circumstances, especially when the government must act quickly to solve concrete problems in society, legislation is not yet available. In these circumstances, the government granted the freedom of action (discresionare power) is through freies Ermessen, which is defined as a facility that provides room to move for an officer or state administrative agencies to take action without having to be bound entirely on the law.
Freies Ermessen This raises implications for the government in the field of legislation, namely the birth right of initiative to create legislation that equal of the Act without the approval of Parliament, the right of delegates to make regulations under the law degrees, and droit function or authority to interpret its own rules which still is enunsiatif. According to Bagir Manan, government authority to establish regulations for several reasons, namely: First, understand the distribution of power emphasizes the differences in organ function rather than separation, because it is the function of the establishment of regulations should not separate from the function of governance; Second, the government's welfare state requires legal instruments to hold the general welfare; Third, to support the rapid societal change, encouraging public administration play a bigger role in the formation of legislation.
. Resources Authority of the Government Action Authority owned by the government boast in three cases, attribution, delegates, and mandate. Attribution is the granting of authority by the legislature itself to a government organ both existing and entirely new.
1. People's Consultative Assembly
MPR has two power groups: the group task and group authority. Which includes the task is to establish the Constitution, establish guidelines, and select and appoint the President and Vice President. While the authority is to change the Constitution.
Constitution Article 3 that "because the People's Consultative Assembly held the sovereignty of the State unlimited powers ..."
2. House of Representatives
In Article 5, paragraph 1 "The President holds the power to form the Act with the approval of Parliament"
Parliament has the right of initiative in proposing the Draft Law, member approval in the case of President memnuat agreements with other countries, overseeing the administration
3. Supreme Advisory Council
Jawaba member is obliged to question the President and is entitled to submit proposals to the government. Because the institution inisebuah advisory body. Itemized in accordance with Law No. 3 of 1967, Act No.4 of 1978, and Tap No.III/MPR/1978:
• DPA is a Government Advisory Board
• DPA is obliged to give an answer to the question of President
• DPA entitled to submit the proposal and shall give consideration to the government
State constitutional law was not to show avail DPA, and very difficult to place the member in accordance with the sovereignty of the people.
4. Supreme Court
MA is a State Supreme Court justice from all the agencies that run the power of the judiciary to function as stipulated in Law No.14 of 1970 and Law No.14 of 1985.
Powers MA:
• Giving and deciding appeals, disputes, and application review
• Provide legal advice to the President
• Test materially legislation
The composition of the Supreme Court ROBLEM as follows:
• Chief Justice
• Akil chairman Ma
• Some young chairman
• Supreme Court
• Registrar and the clerk's successor
5. Audit Board
Serves to examine the financial responsibility of the State. In performing their duties, free from the influence of CPC and the elements of power that other State.
Article 2 of Law No. 5 / 1973 on the tasks of CPC:
• Checking the responsibility of the Government of the State finances
• Monitor all the implementation of State Budget
And this is confirmed again in the Tap No.III/MPR/1978
a. Operator Central Level Government
• President
heads of state and head of the Indonesian government. As head of state, the President is the official symbol of the Indonesian state in the world. As head of government, the President is assisted by vice presidents and ministers in the cabinet, holds the executive power to carry out tasks of daily government. President (and Vice-President) has served for 5 years, and thereafter may be reappointed in the same position for one more term.
The powers, obligations and rights of the President, among others:
Hold the power of government by the Constitution
Hold the highest authority of the Army, Navy, and Air Force
Propose Bill to the House of Representatives (DPR). President discussing and giving approval for the bill with the House and signed the bill into law.
Establish the Government Regulation in Lieu of Law (in a crunch that forced)
Establish Regulation
To appoint and dismiss ministers
To declare war, make peace and treaties with other countries with the approval of Parliament
Making other international agreements with the approval of Parliament
To declare a state of emergency.
To appoint ambassadors and consuls. In lifting the ambassador, the President considering the recommendations of the House of Representatives
Receive placement ambassadors of other countries by taking into consideration the Parliament.
Give pardon, rehabilitation by taking into consideration the Supreme Court
Giving amnesty and abolition to considering the recommendations of the House of Representatives
Give the title, service marks, and other honors, regulated by Law
Opened member of the Audit Board is elected by Parliament with respect to consideration of the Regional Representatives Council
Establish justices from among candidates proposed by the Judicial Commission and approved by the House of Representatives
Establish the constitutional judges from candidates nominated President, Parliament, and Supreme Court
To appoint and dismiss members of the Judicial Commission with the approval of Parliament.
• Vice President
Vice President is the government positions that are one level lower than the President. Usually in order of succession, the vice president will take over as president when he was unable to temporary or permanent.
Vice President generally defined by the constitution by a country to accompany the president if the president runs the tasks of state in another country or if the president handed over the resignation of the presidency or obstacles in carrying out tasks such as experiencing the death of the president in office.
• Minister and Department
Minister to help the President carry out the affairs of government in specific areas in accordance with the duties and functions of the Department. Minister of State for the Department but did not lead the government duties in certain areas.
Presidential Decree No.45 of 1984 consisted of the Minister as chairman Departemet, Sekretarist General, Directorate General, Inspektora General, Regional Office, and others.
Duties:
led the Department of
determine government policy on
developing and carrying out cooperation with the Departments, Agencies, and other organizations.
• Non-Departmental
Central-level government body that runs the authority, duty and responsibility to organize the administration in certain fields, such as land, statistics, planning, and so forth. Is under and responsible directly to the President with a lower position than the Ministry.
Example:
Institute of Public Administration
The National Security and Defense Council
Logistics Agency
b. Local Government
According to Law No. 5 of 1974 consists of the head of local government and regional parliament. But the arrangement was changed. According to Law No.22 of 1948 and Law No. 1 of 1957 local government consists of the House of Representatives (DPRD) and the Local Government Council (DPD). The regional head of local government is the fittings.
A. Head of the Region.
Head area has 2 functions of the head of an autonomous region and the leadership that carries out general administrative affairs of the central government in the area. The regional head not responsible for the parliament. In the position as an element of local governments that implement autonomy and duty of assistance, the head region as an autonomous regional head performing their duties and authority as follows:
a. Leading the organization and responsible for the operations of local government.
b. Represent areas within and in the courts.
c. Enact regulations with the approval of Parliament.
d. Setting another decision by Atua without parliament approval.
e. Conducts stewardship, accountability and financial control areas.
Head area as Head area, have the duty and authority as the following:
a. Guide and oversee Parliament.
b. Maintaining peace and order area.
c. Carry out all operations and activities in the field of coaching idiologinegara and domestic politics.
d. Running coordination of activities among institutions oinstansi vertical and vertical and regional offices ..
e. Carry out government duties given to him.
f. Carry out government duties that are not included in the task of other agencies.
B. House of Representatives (DPRD)
Members of Legislative Assembly for the election and filled with rank and consists of representatives of organizations participating in the election.
There are several duties, powers, and duties of Parliament, namely:
a. Joint Head of the making of local regulations.
b. Give approval for the decree of the head area in a given field.
c. Establish Regional Budget (APBD).
Unlike the regional head, DPRD only carry out duties, powers and rights in the areas of autonomy and duty of assistance. In other words Parliament only control and manage the housekeeping area.
C. Tool Supplies elsewhere.
Local Government Secretary has also parliaments, regional secretary, agencies and regional development. If the secretariat staff performing their duties, agencies are implementing elements of the chores and tasks of assistance. Regional Advisory Board is a forum that gives opinions, suggestions and proposals relevant regional head with the regional administration.
D. Regional Finance.
Both the level 1 and 2 has two main sources of local finance, the local revenue (PAD) and pendapata originating from central or local government administration that is more top.
PAD consists of local taxes, retribution, the results from local companies, and other lawful income. Revenue derived from contributions of greater than PAD. In addition to PAD and donations, the area can also be entered into a loan. The loan is determined by the decision of regional head and go over parliament and minister in the country.
E. GOVERNMENT ACTION IN STATE LAW
Government legal action is action taken by the Board or Administrative Officer in conducting the affairs of government.
In state law, any government action should be based on law, because in principle there are countries wetmatigheid van bestuur or principle of legality. This principle determines that without a basis of authority granted by the legislation in force, then all sorts of government officials will not have the authority to influence or change the state or legal position of their peoples.
However, not always available every act of government laws and regulations that govern them. Can occur, under certain circumstances, especially when the government must act quickly to solve concrete problems in society, legislation is not yet available. In these circumstances, the government granted the freedom of action (discresionare power) is through freies Ermessen, which is defined as a facility that provides room to move for an officer or state administrative agencies to take action without having to be bound entirely on the law.
Freies Ermessen This raises implications for the government in the field of legislation, namely the birth right of initiative to create legislation that equal of the Act without the approval of Parliament, the right of delegates to make regulations under the law degrees, and droit function or authority to interpret its own rules which still is enunsiatif. According to Bagir Manan, government authority to establish regulations for several reasons, namely: First, understand the distribution of power emphasizes the differences in organ function rather than separation, because it is the function of the establishment of regulations should not separate from the function of governance; Second, the government's welfare state requires legal instruments to hold the general welfare; Third, to support the rapid societal change, encouraging public administration play a bigger role in the formation of legislation.
. Resources Authority of the Government Action Authority owned by the government boast in three cases, attribution, delegates, and mandate. Attribution is the granting of authority by the legislature itself to a government organ both existing and entirely new.
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