Universitas Bhayangkara Jakarta Raya

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Sibuea, Hotma P. (2010) KONSENSUS NASIONAL UNTUK MEMPERTEGAS SISTEM PEMERINTAHAN PRESIDENSIAL MELALUI AMANDEMEN KELIMA UNDANG-UNDANG DASAR 1945. PROPATRIA Jurnal Hukum, III (2). pp. 143-162. ISSN 1978-6638

Text PROPATRIA JURNAL HUKUM UTA 45 VOL 3 NO 2 2010.pdf Restricted to Repository staff only Download (5MB)

Abstract

Within the framework of amending 1945 Constitution, there are five (5) points of agreements approved by PAH III BP MPR. One of the points of agreement is clarifying Presidential Administration System. The five points of agreement have been implemented at the time of amendment of 1945 of Constitution. However, according to the writer, the fourth point of the said national agreement clarifying that the Presidential Administration System has not in the right track and has made a commonly wrong step or has failed in achieving its goal. Because, what has been formed after the amendment of 1945 Constitution is not a Presidential Administration System which should be cleared in the sense that the position of the President should became stronger (strong executive) but it makes the power of the DPR (the house of the People's Representatives becomes clearer and bigger (legislative heavy). As the result thereof, the relation of power between the President-DPR which has been formed after Amendment of 1945 Constitution is that the President has become weak and the power of DPRD has become stronger. According to the writer, if the national consensus is to be performed consequently, the 1945 Constitution should be amended for the fifth times. Within the framework of amending the 1945 Constitution for the fifth time, some matters necessary to be done. Firstly, to reorganize the representative system as well as the parliament structure which is now in effect. Secondly, to make the position of DPR equals to MPR (People's Consultative Assembly) and the same time to make the MPR as a joint session of both institutions (of representatives). Thirdly, to diminish the authorization of DPR in dismissing President (impeachment) and in amending 1945 Constitution. Fourthly, to give veto right on the Bill to t he President. Fifthly, to elimate the DPR's power appointing and accepting ambassadors, etc. Sixthly, to reorganized the party system which in effect at present an to change it wish two parties system.

Item Type:	Article
Uncontrolled Keywords:	Authority, centralization, amendment
Subjects:	Ilmu Sosial > Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Hotma Pardomuan Sibuea
Date Deposited:	24 Feb 2021 02:39
Last Modified:	24 Feb 2021 02:39
URI:	http://repository.ubharajaya.ac.id/id/eprint/6755

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