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Ria Casmi Arrsa
Peneliti Pusat Pengembangan Otonomi Daerah (PPOTODA) Universitas Brawijaya
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Konstitusi

 1 
Konstruksi Yuridis Politik Legislasi DPD Pasca Putusan Mahkamah Konstitusi Nomor 92/PUU-X/2012 Arrsa, Ria Casmi
Jurnal Konstitusi Vol 12, No 4 (2015)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1838.23 KB) | DOI: 10.31078/jk1245

Abstract

The position of Regional Representative Council in the context of the implementation of the legislative function has an important role in order to create the principle of checks and balances between state institutions which include the House of Representatives and the President. Contextually Constitutional Court Decision No. 92/PUU-X/2012 reinforce the DPD position both in terms of national legislation program planning, delivery of opinions, views, list of inventory issues,  and discussion of a draft law. Much progress has been achieved but in the political realm seems legislative authority of the DPD is still not perfect when not reached the stage of deciding to join a draft law being discussed. In order to strengthen    DPD as part of regional representation, the amendments to the Constitution of  1945 was important to conduct state institutional arrangement holistically and comprehensively.
Pemilu Serentak dan Masa Depan Konsolidasi Demokrasi Ria Casmi Arrsa
Jurnal Konstitusi Vol 11, No 3 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.373 KB) | DOI: 10.31078/jk1136

Abstract

The development of democracy in Indonesia is running very rapidly after the 1945 amendment. One of the developments within the frame of politics characterized by constitutional formula that provides a basic framework state that sovereignty belongs to the people and carried out in accordance  with  the  Constitution. On the basis of the formulation of the succession of leadership in the executive and legislative branches are directly implemented as the mandate of Article 22 E of paragraph ( 2). However, in practice the constitutional arrangements in the Law Number 42 Year 2008 concerning General Pemlihan President and Vice President shows inconsistent with the statement in the constitution . As set out in Article 3 paragraph ( 5 ) states that the election of President and Vice- President held after an election DPR, DPD and DPRD. At the end of the Constitutional Court through Decision No. 14/PUU-XI/2013 stated that the selection of models is unconstitutional. Based on that assessment constitutionality of norms selection method based  on  the simultaneous interpretation of the constitution of both the original intent and interpretation of history. Design constitutional elections simultaneously referred born as an attempt to shift the direction of the transition towards democracy in the reinforcement system in order consolidation of democratic practice direct democracy tends opaque transactional, corrupt, manipulative, high costs and preserve power can be minimized in the practice of constitutional democracy dimention to understand and sovereignty of the  people.
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