Odang Suparman
UIN Sunan Gunung Djati Bandung

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Konsep Lembaga Negara Indonesia dalam Perspektif Teori Trias Politica Berdasarkan Prinsip Checks and Balances System Odang Suparman
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (642.847 KB) | DOI: 10.58578/ahkam.v2i1.898

Abstract

There have been many constitutional law experts who have made studies and at the same time thoroughly investigated various legal studies and have been used as a reference for a world figure named Baron Secondat de Montesquieu (hereinafter known as Montesquieu) with his famous theory built and developed, namely the Triassic Theory Politica. The theory of Trias Politica in its implementation, if applied, is still relevant in the development of the constitutional era and is one of the pillars of democracy. Based on the Theory of Trias Politica, in principle, dividing state political power into three State Institutions, namely: 1. Legislature; 2. Executive; and 3. Judiciary. In order to realize the three types of State Institutions that are independent of each other and are in an equal rank (horizontal) to one another. The equality and independence of these three types of State Institutions is and is necessary so that the three state institutions can or are willing and able to supervise and control each other based on the principle of a checks and balances system in practice. The separation and division of the three authorities in three different State Institutions, it is hoped that the running of the state government will not be unequal and at the same time not overlapping, and can avoid Collusion, Corruption and Nepotism (KKN) government by one Institution and at the same time will bring up a checks mechanism and balances system (correcting and balancing each other). Power according to the Theory of Trias Politica into three parts can be explained in this study.
Optimalisasi dan Implementasi Otonomi Daerah dalam Perspektif Good Governance Odang Suparman
AHKAM Vol 2 No 1 (2023): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.651 KB) | DOI: 10.58578/ahkam.v2i1.899

Abstract

Based on the 1945 Constitution of the Republic of Indonesia, the government system and state power are administered (meaning that in this case it is held, used and accounted for) by several state institutions, namely the President, the People's Consultative Assembly, the People's Representative Council, the Regional Representatives Council, the Financial Auditor, Supreme Court, and Constitutional Court. The principle used is not the separation of powers like the Trias Politica Theory proposed by Montesquieu, but in practice in Indonesia is the division or separation of powers. For example, the President of the Republic of Indonesia is the head of government and head of state. As head of government, he exercises executive power. In addition, as the head of state, he has the authority to grant clemency, amnesty and abolition in the realm of judicial power.