Implikasi Putusan Mahkamah Konstitusi Nomor 92/Puu-X/2012 dan Alternatif Model Hubungan Kelembagaan Terkait Pembentukan Undang-Undang  

Oleh:

Nurbaningsih, Enny

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Mimbar Hukum vol. 27 no. 1 (Feb. 2015), page 1-13.
Topik: tripartite; law establishment
Fulltext: 509-839_her.pdf (347.5KB)

Isi artikel

Presidential System Government as the result of 1945 Constitution Amandments has not been accomplised yet since its implementation reminds anomaly. President (executive) in presidential system has decision authority to produce acts with House of Representatives (DPR), without involving People Council (DPD) as one of parlement chambers. To restore DPD legislation role, Constitutional Court Decision No. 91/ PUU-X/2012 states that DPD has equal position with DPR and President in acts establishment. It implicates that DPD should be involved since the legislation planning, but still does not have authority to make decision even for bills concerned with its authority. This Constitutional Court brings about the trilateral relationship model in legislation process without any institutional construction towards interchambers relation between DPD and DPR. It will result in Judicial Review despite the involvement of DPD in phase 1 and 2 Process, since this involvement does not bind DPR and President.

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