INDONESIAN VALUE AND IDEOLOGY

THE INDONESIAN GOVERNMENT SYSTEM

Caesar Carry A Mohammad Rizky Fatoni Putra Annisa Ayu Ningtyas

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A. Definition of System Government

David Easton - A series of structures and processes that are related to each other in achieving goals. Almond Verba - An ecological concept which indicates the existence of an organization that interacts with an environment, which affect or influence. Surbakti - Government concerning the duties and authority. Definition of Government can be viewed from three aspects : 1. Terms of activity (Dynamics) - Sourced on Sovereignty and based on a country basis, about the people and territory. 2. Functional structure - Means a set of functions of state Government, which with one another functionally interconnected and carry out its functions. 3. Duties and Authority of the terms (Function) - Duties and Authority of the State executed by the Government + In a broad sense, means the Legislative, Executive, Judicative + In the narrow sense, means the Executive

B. System of Government in Indonesia

Government of Indonesia recognize two systems : 1. The Parliamentary System - The system of government based on the parliament. - Parliament (Legislature / House of Representatives (DPR) ) has the authority to determine the course of the Wheels of Government. - Characteristics : + Parliament is the one - only one entity whose members are elected directly by citizens through elections. + Cabinet Member and leader (Prime Minister) elected by the parliament to carry out the functions and authority of the executive. + Cabinet may persist throughout the support of parliament. + When the policy does not have the support of parliament, the prime minister can dissolve parliament and hold elections again to form a new parliament.

+ The function of Head of Government (Prime Minister) and the function of Head of State (President, the King) performed by different people. 2. Presidential System - The system of government centered on President - Characteristics : + Leadership in implementing the policy (Administration) more clearly, which is in the hands of the President. + Comprehensive policy can rarely be made due to the legislative and executive branches have a separate position. + Position head of government and the states are on one hand. + Regeneration Legislature is not the place for the position - the executive branch, which can be filled from various sources including the legislature.

C. Presidentialism Versus Parliamentarism

In order to change the 1945 Constitution, a widespread debate about the government system that was developed in Indonesia. Since the first is always said that the 1945 Constitution adheres presidential Government of system. However, if examined carefully, the fact that the presidential system in the 1945's embrace was not pure in nature. The Parliamentary System in the embrace of the 1945 Constitution, with regard to accountability to the Assembly the President of parliament as an institution that has a position as the supreme council. The conclusion to be drawn from a variety of experience to implement systems that are mixtures under the 1945 Constitution are: + That the choices about the government system of Indonesia in the future need to really was to be reviewed for further enhanced so as to ensure certainty of presidential system of government / parliamentary.

D. The Four Models of Systems Government

1. British Models (Parliamentary System) 2. United States Models (Presidential System) 3. French Models - Characteristically mixtures (Hybrid System) - There is a distinction between the Heads of State and Government, but the head of the Country is the President of the select and directly responsible to the people like in a presidential system. - Head of Government responsible for; + President + Parliament

4. Swiss Models - Also called the "Collegial System", in because different from the Parliamentary and Presidential System. - Having a President and Vice President selected by the seven members of the Federal Council for a term of every year alternately

E. The Government Systems Of Implementation Experiments In History

The 1945 Constitution should be recognized as 1945 Constitution termed by Soekarno as revolutive - grondwet, due to a hastily arranged haste since the month of May 1945 in preparation for Indonesia's independence. The formulation of the Constitution it self is not idealized by the leaders of Indonesia it self in the early days of independence. Not more than three months of age since the 1945 Constitution promulgated on August 18, 1945, the leaders agreed to establish Indonesia's first parliamentary cabinet government under the leadership Prime Minister of Syahrir. Parliamentary Cabinet is made to ensure the implementation of a true democracy. Systems of Parliamentary The Government lasted until 1959, because 1945 Constitution was enacted by presidential decree July 5, 1959. Implementation of the mixed system based on the 1945 Constitution, since 1959 to 1965 for failing to produce a democratic system. Since the New Order regime under the leadership of Soeharto, 1945 Constitution with a mixed system that can be applied, according to the terms of the New Order; "Purely and Consequent" Leadership of President Soeharto was held from the year 1959 - 1965, called the period of Guided Democracy. In other words, the nation of Indonesia has entered into a long experiment in the application of parliamentary system of government as well as a proven system of mixed government failed to build democracy and justice for all citizens. Therefore, in order to change the Constitution, it is worth weakness inherent presidential system is covered and addressed by implementing the technical procedures.

F. Presidentialism In A Multi - Party Systems

For Indonesia, presidential systems are less suitable to be applied in multi-party system, but because the nation of Indonesia has entered the era of democracy which guarantees freedom of association may no longer be stopped, nor the number of parties may be limited as the New Order. Therefore, it is necessary regulatory mechanism that causes the number of political parties that can shrivel naturally view themselves without any restrictions or limitations which are imperative

G. Presidentialism And Two - Party Systems

In the two - party system there is also a presidential system weaknesses, arrives often put forward by the experts with regard to this problem is the tendency to dual legitimacy or Divided government between President and Parliament, as often happens in America. In Indonesia dual legitimacy is not absolutely always viewed negatively, in terms of another, dual legitimacy that it can show the position of the government and parliament are equally strong, so they can compensate and controls, in a prospective way, the symptoms must have dual legitimacy is positive. Moreover, in the history of Indonesia during this parliament, it palemen position has never been able to stand strong with the same authority to the government.

H. Covering The Disadvantages Of Presidential Systems

Asshiddiqie (2006) : 1. Presidential Election conducted in two phases; + First, conducted in conjunction with the general elections of presidential election serves as premilinary to get two packages of candidates for president and vice president. + Second, two support packages that most other candidates relative to the package, in the passes as the selected candidate by the people at this stage of the presidential election. 2. To overcome the problem of the large number of parties, since the campaign period, parties - political parties may be possible to work together in the nomination of President and Vice President. 3. After the President and Vice President-elect, then according to the principle of presidential system, they both determine personnel of the cabinet. 4. In a Presidential Systems, the President still can be stopped through a mechanism known as impeachment. 5. In a Presidential Systems, the nature of government accountability is not individual but collective.

I. Democracy
Democracy is a form or system of government of a state mechanism for the realization of popular sovereignty (the power of citizens) for the state to be run by the government of that country. One of the pillars of democracy is the principle of dividing the political triad of the three political power state (executive, judicial and legislative) to be realized in three types of institutions independent of the other state (independent) and are equal ranked in to each other. The three types of state institutions is the government agency has the authority to make and carry out the executive authority, the agency held a court of competent

judicial authority and institutions of Representatives (House of Representatives) which has the authority exercises legislative power. Sovereignty sovereignty of the people not only elect the president or members of parliament directly. Although his role in a democratic system is not large, an election is often called the democratic party. Such a triad of political principles is very important to be taken into account when the facts of recorded history the powers of government (executive) is so large it was not able to form a just and civilized society, even the government absolute power often leads to violations of human rights. Since the independent republic of Indonesia, in the formal political structure, we are poor experience in democracy at the local level. The presence of democratic institutions are not necessarily accompanied by the emergence of a more civilized political practice, but has been marked by rampant money politics, exploitation of the symbols of identity through ethnic and religious lines, as well as violence and thuggery. Through civil society marked autonomy, civic, and public awareness will be critical seeding media people. Through the structure of a critical consciousness of the people who wake up in synergy with political society will certainly encourage the growth of democracy for the nation.

J. Regional Government and Regional Autonomy

1. Autonomy, Decentralization and National Integration + Decentralization Policy that had been done to decentralize authority is centralized in the hands of central government. + The process of decentralization, the power that the government shifted from center to the central the area as appropriate to realize a shift of power from the central to local counties and cities across Indonesia. + Policy of decentralization and regional autonomy, it will not work if not accompanied by a conscious effort to build its own local autonomy. 2. Autonomy, Deconcentration and Democratization + Regional autonomy was associated with a widespread wave of democratization in the national life of our nation. + Decocentration policy in principle is a policy division of the authority of government bureaucracy horizontally. + Regional autonomy means autonomy in local communities which is expected to continue to grow and develop their independence in this democratic climate. + Therefore, to understand the essence of local autonomy also includes the notion of autonomy in local communities in dealing with governments in the region.

K. Reform in Indonesia
Reform means rebuild / align the form of one thing into better shape. Taufik Abdullah presents three dimensions of reform: 1. Repairs on all deviations that occurred. 2. Removal of all the factors that allow deviations that occur. 3. Laying a new foundation for the life of the state. In the political field, is identical to the democratization reforms. Suharto developed a political format non - democratic scaled in three major objectives: 1. Thus reducing the power concentrated in the hands of the president. 2. Restore a sense of mutual trust among citizens or between citizens of States in the country. 3. Performance creates a transparent and accountable politics to the people. To support the goals of reform, the most important thing is to reform the bureaucracy. In other words to the class sided with the bureaucracy that dominates the particulars. Reform is defined as a radical change for improvement in various fields in a society / country. Thus the reform of the bureaucracy is a radical change in a country's governance system. As in Weber pointed out, a hallmark of democracy, are: 1. A variety of regular activities that need to achieve the goals of the organization distributed in a way that standard as an official duty. 2. Office organization follows the principle of hierarchy, ie each lower office is under the control and supervision of a higher office. 3. Bureaucratic operations carried out through a system of abstract rules that are consistent and consists of the application of this rule on specific cases. 4. The ideal officer to run his office by impersonalitas formalistic without excitement and therefore without enthusiasm / affection. Hegel argues that bureaucracy is a medium can be in use to connect the particular interests with the interests of the general (common) Karl Max looked at the bureaucracy in terms of class struggle, the crisis of capitalism, and the development of communism. According to Rishwanda Imawan, the reform movement should be supported by: 1. Recognition of law (law enforcement) 2. Government activity is predictable (can be foreseen) 3. Transparency of political processes 4. Accountability of the ruling elite 5. Increased rationality of community members Thus, the goals and ideals - ideals of Indonesia can be achieved.

L. High State Institution In Indonesia

After the 1945 amendments to any state agency that removed, and there are three additional state agencies. The state agency after the 1945 amendments to the CPC Constitution, the House of Representatives, Parliament, the President and Vice President, MA, Mahakamah Constitutional Court (MK) and the Judicial Commission. In the new constitutional system there is no Supreme Advisory Council, but on the other hand has been in the form of new state institutions, namely the Regional Representatives Council, the Constitutional Court and the Judicial Commission. The institution was named the Assembly has changed the composition and membership. 1. State agencies in the 1945 + In the Constitution there are 34 institutions in existence in the 1945 call. + Article 24 paragraph (3) of the 1945 Constitution, which reads; "Another agency whose function is related to the judicial authority provided for in legislation". + This means that in addition to the Supreme Court and Constitutional Court, and the Judicial Commission and the police state that has been set in the 1945 Constitution, there are still other agencies. Which meant, among others, Attorney General's office, the National Commission on Human Rights (Komnas HAM), the Corruption Eradication Commission (KPK), and others 2. Differentiation from the aspect hierarchy + There are two criteria hierarchy, is: i. Form a hierarchy of criteria that determine the source of normative authority. ii. Qualities that are the main functions / support in the system of state power. + In terms of functionality, there are institutions that are primary, and secondary / supporting (auxiliary). + In terms of hierarchy, the Institute is divided into three layers. i. First Layer Organ (High state institution) - President and Vice President - House of Representatives (DPR) - The Regional Representatives Council (DPD) - People's Consultative Assembly (MPR); The Constitutional Court (MK); The Supreme Court (MA) - State Audit Board (BPK)

ii. Second Layer Organ (institution - as the Constitution of the State Agency) - Minister of State - Armed Forces of Indonesia - State Police - The Judicial Commission - General Discrimination Commission - Central Bank iii. Third Layer Organ (Institute - Regional Institutions) - Provincial Government - Governor - Provincial Parliament - Local Government District - Regent - Regency - Urban Governance - Mayor - City Legislature