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Journal : JURNAL FIAT JUSTISIA

MAKNA FILOSOFIS NILAI-NILAI SILA KE-EMPAT PANCASILA DALAM SISTEM DEMOKRASI DI INDONESIA Yusdiyanto Yusdiyanto
Fiat Justisia: Jurnal Ilmu Hukum Vol 10 No 2 (2016)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v10no2.623

Abstract

Indonesia is a nation that has a philosophy of Pancasila, therefore, any values in the principles of Pancasila should be applied in the life of the nation. As principles number 4th Pancasila mention "Populist-led by the inner wisdom consultative / representative". Means, which put forward the principle of deliberation and consensus through its representatives and representative agencies in fighting the people's mandate. This view provides the justification that democracy in this republic run through election mechanism. The democracy that sovereignty of the people in its implementation need to be inspired and be integrated in the precepts that other, accompanied by a sense of responsibility to God Almighty, upholding human values in accordance dignity and human dignity, ensure and strengthen the unity of the nation and utilized for the realization of social justice , Their spirit of Pancasila democracy that led to citizens looking at each other, respect, accept and cooperation in the form of unity of mutual interest between the "public" or "state". Keywords: Democracy, Election Mechanism, Pancasila
Reviving the Broad Guidelines of State Policy (GBHN) as the Product of People’s Consultative Assembly (MPR) in the Presidential Government System in Indonesia Yusdiyanto Yusdiyanto
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 4 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no4.1328

Abstract

The research aims to enlight the overview about the urgent of the Broad Guidelines of State Policy (GBHN) as the product of the People’s Consultative Assembly (MPR) by using the dogmatic approach. The amendment of the 1945 Constitution has changed the Indonesian constitutional system. According to the article 2 paragraph (1) of the 1945 Constitution, highest authority remains in the hands of the people and is carried out according to the Constitution. The constitutional design of the Indonesian government system is presidential. However, the implementation often reaps many obstacles and problems, the consequences of amendments, eliminating the authority of the People’s Consultative Assembly (MPR) in terms of electing the President and Vice President, and determining the Broad Guidelines of State Policy (GBHN). MPR is no longer placed as the highest institution of the country and the perpetrators of popular sovereignity. The Constitution which is the holder of popular sovereignty in the practice adheres to a clear and strict understanding of the separation of powers. Like in the legislative field there are People’s Consultative Assembly (MPR), House of Representatives (DPR) and Regional Representative Board (DPD); in the executive field there are Presidents and Vice Presidents elected by the people; in the judicial sector there are the Supreme Court, the Constitutional Court and the Judicial Commission; in the field of financial supervision there is a Indonesian Supreme Audit Institution (BPK). Changes in the position, function and authority of the MPR have implications for the emergence of the National Development Planning System and the National Long-Term Development Plan which became the authority of the elected President. The President that won the election as a basic guidelines for implementing development as the replacement of the GBHN.