Legal Basis, Duties and Authorities of State Institutions

Duties and Authorities of State Institutions - Hello, how are you? Yesterday a friend of ours got a school assignment to identify the legal basis, duties and powers of state institutions such as the President, MPR, DPR, DPD, MA, MK, Judicial Commission, BPK and Bank Indonesia. Well, this time we will discuss all of that.

In order to make it easier to understand and differentiate between the duties and powers of the aforementioned state institutions, we have prepared them in tabular form. Please read and study the table below.

 

Legal Basis, Duties, and Authorities of State Institutions

Table of Legal Basis, Duties, and Authorities of State Institutions.

Okay, that was the table that explained about legal basis, duties and authorities of state institutions The President, the Supreme Court, the Constitutional Court, the People's Consultative Assembly, the People's Representative Council, the Regional Representatives Council, the Judicial Commission, the Supreme Audit Agency and Bank Indonesia. I hope this is useful for all of you, greetings, friends: V

NoName of State InstitutionLegal basisDuties and Authorities
1PresidentArticle 4 paragraph (1) of the 1945 Constitution, Article 5 paragraph (1) and (2 of the 1945 Constitution), Article 11 paragraph (1) of the 1945 Constitution, Article 12 of the 1945 Constitution, Article 13 paragraph (1) of the 1945 Constitution, Article 14 paragraph (1 ) and (2) UUD 1945, Article 15 1945 Constitution, Article 16 of the 1945 Constitution, Article 17 paragraph 2 of the 1945 Constitution, Article 20 paragraph (2) of the Constitution 1945, Article 24A paragraph (3) of the 1945 Constitution, Article 24C paragraph (3) of the 1945 Constitution
  1. Hold power
    government according to the Constitution
  2. Holding supreme power
    of the Army (AD), Navy (AL), and Air Force (AU)
  3. Submitting a Draft
    Act (RUU) to the House of Representatives (DPR). The President did
    discussion and approval of the Bill with the DPR and ratification
    Bill becomes law.
  4. Set rules
    government in lieu of law (in a compelling crunch)
  5. Lift and stop
    ministers
  6. Declare war, make peace
    and agreements with other countries with the approval of the DPR
  7. Make an agreement
    other international organizations with the approval of the DPR
  8. Declare a state of danger
  9. Appointed ambassadors and
    consultant. In appointing ambassadors, the President pays attention to the considerations of the DPR
  10. Accepting the placement of the country's ambassador
    others by taking into account the considerations of the DPR.
  11. Give clemency, rehabilitation with
    taking into account the judgment of the Supreme Court
  12. Give amnesty and abolition with
    taking into account the considerations of the DPR
  13. Awarding titles, honors,
    and other honors regulated by law
  14. Appoint members of the Board
    The Financial Auditor (BPK) is elected by the DPR with due regard
    consideration of the Regional Representative Council (DPD)
  15. Determine the Supreme Court justices of the candidates
    proposed by the Judicial Commission (KY) and approved by the DPR
  16. Appoint constitutional judges
    of the candidates proposed by the President, the DPR and the Supreme Court
  17. Appoint and dismiss members of the Judicial Commission with the approval of the DPR.
2Supreme CourtArticle 24 paragraph (2) of the 1945 Constitution, Article 24A paragraph (1) of the 1945 Constitution, Article 24C paragraph (3) of the 1945 Constitution
  1. Tried at cassation level
  2. Test the rules
    legislation under the law against the law
  3. Provide legal advice
    to the president in terms of requests for clemency and
    rehabilitation.
  4. Nominate three members of the constitutional justices
3Constitutional CourtArticle 24C paragraph (1) san (2) of the 1945 Constitution
  1. Authorized to adjudicate at the level
    first and last whose decision is final to test
    Act against the Constitution, decide disputes over authority
    State institutions whose authorities are granted by the 1945 Constitution, decide
    dissolving political parties, and deciding disputes about election results
    General.
  2. Obliged to make a decision on
    Opinion of the House of Representatives regarding alleged violations by the President
    or Vice President according to the 1945 Constitution.
  3. Testing legislation
    against the 19451 Constitution.
  4. Deciding authority disputes
    between state institutions whose authority is granted by the 1945 Constitution.
  5. Terminate the dissolution of the party
    political
  6. Resolve disputes about election results.
4People's Consultative AssemblyArticle 2 of the 1945 Constitution & Article 3 of the 1945 Constitution
  1. Amend and establish the Constitution.
  2. Appoint the President and Deputy
    President based on the election results in the MPR plenary session.
  3. Decide on the DPR's proposal based on
    decision of the Constitutional Court to dismiss the President and/or Deputy
    President in time
    position after the President and/or Vice President has been given the opportunity to
    delivered an explanation in the MPR plenary session.
  4. Appoint the Vice President to be
    President if the President dies, stops, is dismissed, or cannot
    carry out their obligations during their term of office.
  5. Choose a Vice President out of two
    the candidate proposed by the President if there is a vacancy in the Vice position
    The President in his term of office no later than sixty years
    day.
  6. Elect the President and Vice President
    if both stop simultaneously in their term of office, than two
    package of presidential and vice presidential candidates proposed by political parties
    or a combination of political parties whose presidential and vice-presidential candidate packages won the first and second most votes in the election
    before, until the end of his term of office at the latest within 30
    day.
  7. Establish rules of procedure and code of ethics of the MPR.
5House of RepresentativesArticle 20 paragraph (1) and (2) of the 1945 Constitution, Article 22 paragraph (2) of the 1945 Constitution, Article 23 paragraph (2) of the 1945 Constitution, Article 22D paragraph (3) of the 1945 Constitution, Article 22E paragraph (2) of the 1945 Constitution, Article 24B paragraph (3) of the 1945 Constitution, Article 24A paragraph (3) of the 1945 Constitution, Article 14 paragraph (2) of the 1945 Constitution, Article 11 paragraph (2) of the 1945 Constitution
  1. Making laws
    discussed with the President for approval
    together
  2. Discuss and give or
    does not approve of regulations
    government in lieu of law
  3. Receive and discuss proposals
    The draft law (RUU) submitted by the DPD relating to
    the field of regional autonomy, central and regional relations, formation, expansion, and
    merging of regions, management of natural resources and economic resources
    others, as well as those relating to the balance of central and regional finances
    and include in the discussion at the beginning of level I talks
  4. Inviting DPD to conduct
    discussion of the bill proposed by the DPR or by the government as intended
    on the letter c, at the beginning of the level I conversation
  5. Pay attention to considerations
    DPD on the Bill on the State Revenue and Expenditure Budget (APBN) and the other Bills
    relating to taxes, education, and religion in the initial level talks
    I
  6. Discuss the state budget together
    the president by taking into account the considerations of the DPD
  7. Discuss and follow up
    results
    supervision proposed by the DPD on the implementation of the law regarding
    regional autonomy, formation, expansion and merging of regions, relations
    center and
    regions, natural resources and other economic resources, implementation of the state budget,
    tax,
    education, and religion
  8. Select members of the Audit Board
    Finance with due regard to DPD considerations
  9. Discuss and follow up
    the results of an examination of state financial accountability submitted by
    Audit Board of the Republic of Indonesia
  10. Submit, give
    approval, consideration/consultation, and opinion
  11. Absorb, accumulate, accommodate
    And
    following up on community aspirations
  12. Carry out duties and authorities
    other stipulated in the Constitution of the Republic of Indonesia
    1945 and the law
  13. Forming the constitution discussed
    with the President to obtain joint approval of government regulations
    substitute for the Constitution accepts and discusses the proposed bill submitted by the DPD
    related to the particular field under discussion
  14. Determine the joint budget
    the President with regard to the considerations of the DPD
  15. Carry out supervision
    on the implementation of laws, state budgets, and government policies
  16. Choose BPK members with
    taking into account the considerations of the DPD
  17. Discuss and follow up
    the results of the examination of state financial accountability submitted
    by the CPC
  18. Give consent
    to the President for the appointment and dismissal of members.
  19. Establishing a Law
    discussed with the President for mutual approval.
  20. Give consideration
    to the President in granting amnesty and abolition
  21. Give consideration
    to the President in terms of appointing ambassadors and accepting the placement of ambassadors
    another big country
  22. Select BPK members with due observance
    DPD considerations
  23. Discuss and follow up
    results
    examination of state financial accountability submitted by
    CPC
  24. Give consent
    to the President for the appointment and
    dismissal of members of the Judicial Commission
  25. Provide candidate approval
    Supreme Court justices proposed by the Judicial Commission to be appointed as judges
    great by the President
  26. Choose three constitutional judges and submit them to the President to be formalized by presidential decree
6Regional Representative CouncilArticle 22D paragraph (1), (2), (3) of the 1945 Constitution, Article 23F paragraph (1) of the 1945 Constitution
  1. Submit
    to the DPR Draft Law relating to regional autonomy,
    central and regional relations, formation and expansion, and merger
    area, management of natural resources, and other economic resources as well
    relating to the balance of central and regional finances. Parliament then
    invited the DPD to discuss the bill.
  2. Give consideration to the DPR
    on the APBN bill and bills related to taxes, education, and religion
  3. Give consideration to the DPR
    in the election of members of the Audit Board of the Republic of Indonesia.
  4. Supervise over
    implementation of laws regarding regional autonomy, formation, expansion,
    and regional consolidation, central and regional relations, resource management
    natural resources, and other economic resources, implementation of the state budget, taxes, education,
    and religion.
  5. Receiving the results of audits of state finances from the BPK to be used as material for making considerations for the DPR on bills related to the APBN
7Judicial CommissionArticle 24A paragraph (3)) of the 1945 Constitution, Article 24B paragraph (1) of the 1945 Constitution
  1. Monitor the behavior of judges
  2. Nominate the names of candidates for Supreme Court justices.
8Audit Board of the Republic of IndonesiaArticles 23E, 23F, 23G Constitution of 1945 2. Law of the Republic of Indonesia number 15 of 2006 concerning financial audit bodies in lieu of Republic of Indonesia law number 5 of 1973 concerning financial audit bodies. 3. Law of the Republic of Indonesia number 15 of 2004 concerning auditing the management and accountability of state finances. 4. Law of the Republic of Indonesia number 1 of 2004 concerning the state treasury. 5. Law of the Republic of Indonesia number 17 of 2003 concerning state finances.
  1. Authorized to supervise and inspect
    managing state finances (APBN) and regional (APBD) and delivering results
    examination of the DPR and DPD and followed up by law enforcement officials.
  2. Integrate the role of the BPKP as the department's internal supervisory agency into the BPK.
9Bank IndonesiaArticle 23D of the 1945 Constitution
  1. Execute and set
    monetary policy
  2. Manage and maintain smoothness
    payment system
  3. Regulate and supervise banks

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