Kedudukan Ketetapan Majelis Permusyawaratan Rakyat (MPR) RI Sebelum Dan Setelah Amandemen Undang-undang Dasar Negara Republik Indonesia Tahun 1945

Amirhan, Amirhan (2022) Kedudukan Ketetapan Majelis Permusyawaratan Rakyat (MPR) RI Sebelum Dan Setelah Amandemen Undang-undang Dasar Negara Republik Indonesia Tahun 1945. Other thesis, Universitas Islam Riau.

Text 201021047.pdf - Submitted Version Download (3MB)

Abstract

The Re-Inclusion of the Decree of the People's Consultative Assembly in the statutory order absolutely has legal implications or consequences that require rational explanations so as not to give rise to different legal interpretations. The position of the Decree of the People's Consultative Assembly cannot be separated from the position and authority of the People's Consultative Assembly in the Indonesian constitutional system. The amendments to the 1945 Constitution after the reformation had consequences for the position and authority of People's Consultative Assembly. The purpose of this study was to determine the position of the Decree of the People's Consultative Assembly before and after the Amendment to the 1945 Constitution of the Republic of Indonesia. Besides, it was aimed to find out the legal implications of the Decree of the People's Consultative Assembly after the Amendment to the 1945 Constitution of the Republic of Indonesia. The research method used was normative legal research and the type of approach used was the Comparative Approach and the Historical Approach. The method used was through literature study/document study. Legal materials that have been collected from the literature study were processed by means of selection and then classified systematically in a qualitative descriptive manner. The results show that in the State administration practice prior to the amendment to the 1945 Constitution, the broad scope of content that was regulated was not only limited to those specified in the Constitution of 1945. If classified, there are MPR Decrees that fulfill elements as statutory regulations, MPR Decrees are similar to administrative State stipulations (beschikking), MPR Decrees in the form of planning (GBHN), and MPR Decrees on policy regulations (beliedregels) in the field of state administration. After the amendment to the 1945 Constitution, the legal position of the MPR Decrees became scarce. On the one hand, changes to the articles of the 1945 Constitution and the provision of Article 1 of the Additional Rules resulted in the loss of the MPR's authority to form regulatory MPR Decrees (regeling), because they no longer have constitutional basis in the 1945 Constitution. However, with the enactment of Law Number 12 of 2011 the legal position of the MPR Decree has become reaffirmed as a form of legislation with the limitations as stated in the explanation of Article 7 paragraph 1 letter b, namely the MPRS/MPR Decree which is still valid as specified in MPR Decree Number 1/MPR/2003.

Actions (login required)

View Item