Ilper Assingment 2

RAY HANS SURJADINATA
2006489836
FH UI KKI 2020
ILPER ASSIGNMENT 2
1. What is the Difference between State Institutions and Government Institutions?
Institutions that carry out state functions are known as state institutions. DPR,
MPR, BPK, KY, and MA are examples of institutions that act directly for and on
behalf of the state, or only carry out administrative functions or support the functions
of state completeness where the authority is mentioned and regulated by and in the
1945 Constitution. Meanwhile, government institutions are organizations established
to run or carry out government where there is an executive element in the power
distribution in order to regulate and manage government affairs. Because not all state
institutions can form laws and regulations, more legislation products are created by
government institutions in Indonesia than by state institutions.
2. State institutions after the amendment to the 1945 Constitutions
a. Indonesia, as a legal state, follows the principle of government based on the
Constitutional system, in which the people hold the highest state power.
b. In a broad sense, the President is responsible for all government duties and
functions, including administration, security/police, and regulation.
c. The president, as the highest administrator of state government, is elected by
the people and is responsible to them under Article 20 paragraphs (2), (3), and
(4) of the 1945 Constitution, which establishes the presidential system.
d. State institutions after the amendment to the 1945 Constitutions:
i. MPR
ii. DPR
iii. DPD
iv. President
v. MA
vi. MK
vii. KY
viii. BPK
3. Can all state institutions form laws and regulations?
Every written decision made, determined, and issued by state institutions and/or
officials with legislative functions in accordance with applicable procedures is referred to as
legislation. As a result, we can see that only one institution, the legislative body, is
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ILPER ASSIGNMENT 2
responsible for developing laws and regulations. As a manifestation of democracy and
people's sovereignty, this function is usually performed by an institution that is a
representative of the people.
According to Montesquieu, it is preferable if the state's power is not concentrated in

one hand; the state should have at least three powers and functions:
1. Legislative powers and functions (law-making);

2. Executive powers and functions (executing laws);
3. Judicial powers and functions (supervising and adjudicating violations of laws).
These three powers and functions must be completely separate; there must be no wedge,
seepage, or connection between them (tightly separated). The separation of powers theory is
another name for this theory. As a result, not all state institutions are capable of enacting laws
and regulations.
The three powers are acknowledged even in Indonesia. However, our founding fathers
established five institutions at the outset (2 institutions were considered equivalent to 3
institutions). The 1945 Constitution does not follow Montesquieu's concept of separation of
powers; instead, power sharing is accepted. This is due to the fact that in Indonesia, one
institution can exercise two powers or vice versa. The President is given the power to make
laws as well as the function of legislation by the Constitution. Thus, only two state
institutions, the President and the DPR, have the power to make laws, and they must do so
simultaneously, according to Article 5 paragraph 1 of the 1945 Constitution after the
amendment and Article 20 of the 1945 Constitution before the amendment. As a result, not
all state institutions have the authority to make laws and regulations, according to the 1945
Constitution. However, the authority to make laws and regulations is not solely held by state
institutions or officials; it is also held by certain government institutions or officials under the
delegation of lawmaking authority.
4. Products of legislation established by State Institutions
The President and the DPR are two state institutions that share the responsibility of
enacting legislation. The President, as a state institution, cannot formulate laws on his own,
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ILPER ASSIGNMENT 2
and the DPR cannot make laws on its own. As a result, the President and the DPR must work
together to draft legislation at the same time.
A law is the type of legislation that they create. The emphasis on legislative power
now rests with the DPR, rather than the President, as it did previously. The President and the
DPR now have a legislative function, not a legislature, where the President only participates
in making laws and regulations and other legislative functions are not owned by the President
and are only related to the legislative function. The form of products of legislation on the
basis of the attribution of power in the 1945 Constitution is as follows:
 MPR in enacting the Constitution (Article 3),

 President and DPR in forming laws (Article 5 paragraph (1) in conjunction with
Article 20 paragraph (1) to paragraph (5)),
 the President in establishing Government Regulations and Government
Regulations in Lieu of Law (Article 5 paragraph (2) and Article 22);
 Regional Government in forming Regional Regulations (Article 18 paragraph 6).
5. The positions of the DPR and the President as lawmakers in Indonesia, are they
equal?
The presidential system aligns the president's position with that of the legislature. So
that, despite the fact that the President and the DPR are two separate high state institutions,
their positions are equal. In carrying out its legislative responsibilities, the DPR is a partner of
the President. The working relationship between the President and the DPR is regulated by
the 1945 Constitution, which is formulated in the form of cooperation in carrying out
legislative tasks, namely making laws (UU) and establishing the State Budget (APBN). The
President must obtain approval from the DPR, just as he must for making laws and
determining the State Budget. As a result, the President must work with the DPR. The
President is not accountable to the Council, which means that his or her position is
independent of the Council.
The President, like a parliamentary cabinet, cannot dissolve the DPR, and the DPR
cannot overthrow the President. This implies that they must collaborate when it comes to
enacting laws and regulations. If they create their own regulations, the context of those
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ILPER ASSIGNMENT 2
regulations cannot be classified as statutory. In addition to its joint legislative responsibilities,
the DPR is responsible for overseeing or controlling the President's actions and the
government's operations. The president must get the DPR's permission to pass laws. The right
to initiative, the right to amend, and the right to budget are the legislative rights of the DPR.

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RAY HANS SURJADINATA

According to Montesquieu, it is preferable if the state's power is not concentrated in

1. Legislative powers and functions (law-making);

4. Products of legislation established by State Institutions

 MPR in enacting the Constitution (Article 3),

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