FORM OF STATE AND GOVERNMENTAL SYSTEM

1. FORM OF STATE AND GOVERNMENTAL SYSTEM CONSTITUTIONAL LAW FHUI INTERNATIONAL CLASS2014

2. FORM OF STATE (STAATSVORMEN) • MONARCHY • REPUBLIC • FORM OF GOVERNMENT (STAATSREGERING) • UNITARY STATE • CONFEDERATION STATE • FEDERAL STATE • SUPER STATE

3. UNITARY STATE Unitary state is a form of state which state power is devided between the central govenment and regional governments. The original power lies at the central government, whereas regional governments obtain their powers from the central government through delegation of certain specified power.

4. CONFEDERATION STATE “Confederation consist of several sovereign states which upholds independency and then united based on international agreement which binding to the states.” Former Soviet Union  Confederation of Independent States

5. Federal STATE Federal state is a form of state which state power is devided between the States and the Federal Government. The original power is in the hand of the respective state as an autonomous state legal entity, which together with other states form a federal state, with the limits of powers jointly agreed by the states under the Federal Constitution. Authorities over defence, monetary and foreign affair are in the hand of federal government.

6. SUPER STATE Example: European Union: • Cannot be considered a confederation • Has functions which are normally found in a state, such as the legislation, administrative, and judicial functions.

7. Unitary State v. Federal State

8. SYSTEM OF GOVERNMENT

9. SYSTEM OF GOVERNMENT There are four main governmental systemsaround the world: • Presidential System; • Parliamentary System; • QuasiPresidential System or QuasiParliamentary System; • Referendum.

10. Presidential System • The Presidentis not responsible to parliament; • President can not dismiss the parliament, and vis versa, President can not be removed from office based on different policy options with the parliament President and Vice President can only be removed from office due to violation of law on the basis of treason, corruption, bribery, high crime and misdeminours; • President perform as head of state as well as head of government. Therefore, there are no diffrences between head of state and head of government as can be found in parliamentary system; • President and Vice President are directly elected by the people or indirect election by the representative body; • (Concentration of governing power and responsibility upon the president). • Fixedterm of governance;

11. PARLIAMENTARY SYSTEM • Executive power lead by the Prime Minister • All ministers are members of parliament from coalition parties that form the cabinet. • Opposition parties usually form a shadow government which plays as permanent watchdog on every policies made by the ministers.

12. REFERENDUM SYSTEM • This system applied in Switzerland, as a type of government administration that opens full participation of the people. • In this system, the president plays his role as the chief of executive council presidium, conducted as head of state as well as head of government. • Control over every policy in this system is conducted by the people.

13. A Number of Key Theoretical Differences Exist Between a Presidential anda Cabinet System • In a presidential system, the central principle is that the legislative and executive branches of government should be separate. This leads to the separate election of president, who is elected to office for a fixed term, and only removable for gross misdemeanor by impeachment and dismissal. In addition he or she does not need to choose cabinet members commanding the support of the legislature. By contrast, in parliamentarism, the executive branch is led by a council of ministers, headed by a Prime Minister, who are directly accountable to the legislature and often have their background in the legislature (regardless of whether it is called a "parliament", a "diet", or a "chamber"). • As with the president's set term of office, the legislature also exists for a set term of office and cannot be dissolved ahead of schedule. By contrast, in parliamentary systems, the legislature can typically be dissolved at any stage during its life by the head of state, usually on the advice of either Prime Minister alone, by the Prime Minister and cabinet, or by the cabinet.

14. A Number of Key Theoretical Differences Exist Between a Presidential anda Cabinet System • In a presidential system, the president usually has special privileges in the enactment of legislation, namely the possession of a power of veto over legislation of bills, in some cases subject to the power of the legislature by weighed majority to override the veto. The legislature and the president are thus expected to serve as checks and balances on each other's powers. • Presidential system presidents may also be given a great deal of constitutional authority in the exercise of the office of Commander in Chief, a constitutional title given to most presidents. In addition, the presidential power to receive ambassadors as head of state is usually interpreted as giving the president broad powers to conduct foreign policy. Though semi-presidential systems may reduce a president's power over day to day government affairs, semi-presidential systems commonly give the president power over foreign policy. • Presidential systems also have fewer ideological parties than parliamentary systems. Sometimes in the United States, the policies preferred by the two parties have been very similar This pattern does not prevail in Latin American presidential democracies.

15. Governmental System Around the World ██presidential republics, full presidential system ██ presidential republics, semi-presidential system ██ parliamentary republics ██ parliamentary constitutional monarchies ██ constitutional monarchies ██ absolute monarchies ██military dictatorships ██ states whose constitutions grant only a single party the right to govern

16. STABILITY OF DEMOCRATIC COUNTRIES _____________________________________________________________________________________ Table 1 Stable Democracies, 1959-1989 _____________________________________________________________________________________ Parliamentary Systems Presidential Systems Other Systems Australia Colombia Finland (semi-presidential) Austria Costa Rica France (semi-presidential or Belgium United States alternating) Canada Venezuela Switzerland (collegial) Denmark West Germany India Ireland Israel Italy Jamaica Japan Netherlands New Zealand Norway Sweden Trinidad and Tobago United Kingdom _____________________________________________________________________________________ Scott Mainwaring, 1990

17. Legislation and Regulations • The 1945 Constitution of the Republic of Indonesia (Undang-undangDasar Negara Republik Indonesia Tahun 1945) • MPR Decree (Ketetapan MPR RI) • Law/Government Regulation in Lieu of Law (Undang-undang/PeraturanPemerintahPenggantiUndang-undang) • Government Regulation (PeraturanPemerintah) • Presidential Regulation (PeraturanPresiden) • Regional/Local Regulation (Peraturan Daerah)

18. Indonesian Constitutional History (3) Indonesia’s Constitution throughout history to date and the period it is in force: 1. UUD 1945 (the 1945 Constitution): 18th August1945 – 27th December 1949 2. Konstitusi RIS (1949) (Constitution of the United States of the Republic of Indonesia of 1949): 27thDecember 1949 – 17th August 1950 3. UUDS 1950 (the 1950 Provisional Constitution): 17th August 1950 – 5th July 1959 4. return to UUD 1945 (the 1945 Constitution): 5thJuly 1959 – 19th October 1999

19. Indonesian Constitutional History (4) 5. amendments to UUD 1945 / transitional period: 19th October 1999 – 10th August 2002 - Problem at each amendment by the MPR: too short a time to conclude each amendment, thus results in many weaknesses, which leadsto the establishment of the KomisiKonstitusi (Commission of Constitution) to consolidate comprehensively the Constitution and its four amendments 6. four-time amended UUD 1945: 10th August 2002 – the present

20. The Four Amendments (1) • Background to the series of 4 amendments - abuse of the original 1945 Constitution— espcl. for the benefit of holder of theexecutive branch—by the Guided Democracyadministration and later by the New Order administration, e.g. no limit on the numberof terms a president may serve, too strongexecutive powers v.a.v. legislative & judicialpowers in the 1945 Constitution (which iswhy the original 1945 Constitution isdubbed an ‘executive heavy’ constitution), etc. ‘sacralization’ of the 1945 Constitution by the New Order Administration

21. The Four Amendments (2) - fall of President Soeharto of the New Order on 21st May 1998 by people’s power - thus a need to prevent future abuse, such as a need to limit the number of terms of service of a president in the Constitution, a need to limit & balance executive powers, a need to enhance constitutional guarantees on human rights, etc.

22. The Four Amendments (3) • First Amendment (19th October 1999) - 9 articles amended - concerns 16 points of provisions - highlight/focus of amendment: reducing presidential power, e.g. limitation of presidential term of office to two terms of five years each

23. The Four Amendments (4) • Second Amendment (18th August 2000) - 25 articles amended - concerns 59 points of provisions (norma) - highlight/focus of amendment: substantive changes in the system and structure of regional government, comprehensive guarantee of human rights, shift of legislative power from president to parliament (i.e. DPR)

24. The Four Amendments (5) • Third Amendment (9th November 2001) - 23 articles amended - concerns 68 points of provisions (norma) - highlight/focus of amendment: • introduction of direct presidential election; • introduction of regional representation, i.e. a new representative • body named the DPD; • radical reduction of the MPR’s power and legal status (from highest state institution to a mere high stateinstitution equal to other high state institutions,i.e. the president, the parliament (DPR), the DPD, the Supreme Court (MA), the Constitutional Court (MK), the Judicial Commission (KY))

25. The Four Amendments (6) • Fourth Amendment (10th August 2002) - 18 articles amended - concerns 31 points of provisions (norma) - highlight/focus of amendment: further enhancement to direct presidential election (such as introduction of 2nd round of election), radical change of MPR’s structure (to DPR members + DPD members) and further reduction of & provision on the MPR’s power

26. Constitutional Reform Phenomenon Before the amandment process started, all MPR factions agreed to preserve several consensus: • Not to change the preamble of UUD 1945 • Uphold the unitary state as the form of state • Stengthening the presidential system • The amandment process conducted in adendum method • All norms mentioned in the annotation were included to the main body of constitution.

27. Constitutional Reform Phenomenon • Before UUD 1945 was amended, there were 71 provisions of the constitution applied in Indonesia. • Even though the MPR agreed to choose addendum as the method of constitutional amendment, and therefore the original textof the 1945 Constitution still exist, yet substantially the 1945 Constitution had significantly transformedinto a totally new constitution. It was noted that the total number of provisions in the original text was 71 provisions, while after the four amendments, the total became 199 provisions. • Among the original version, only 25 provisions of the original UUD 1945 left not amended and still in the original form. In total, after constitutional reform, Indonesian constitution currently containts 174 substantive new provisions. Therefore, the ‘new’ UUD 1945 contains 199 points of provisions (norma), as comparedto the original UUD 1945’s 71 points ofprovisions (norma) • having learned all the figures above, conclusion: theseries of 4 amendmentsamended the original UUD1945 by more than 300%. • The series of constitutional reform had established several new state institutions and created fundamental chages to our governmental system.

28. The Four Amendments (8) • In sum, after all the 4 amendments: - 46 points of provisions (norma) were amended &added with new provisions - only 25 points of provisions (norma) of the originalUUD 1945 left not amended - in total, the ‘new’ UUD 1945 contains 174substantive new provisions,as compared to the original UUD 1945’s 37 articles - in total, the ‘new’ UUD 1945 contains 199 points of provisions (norma), as compared to the originalUUD 1945’s 71 points of provisions (norma)

29. The Four Amendments (9) • Range of constitutional issues covered by the series of 4 amendments: - human rights, citizens’ rights and obligations,relationship echanism between citizens and thestate, procedures for defending those rights when impaired - fundamental principles of democracy, the rule of law, mechanism for their realization & exercise (such as general elections, etc) - format of state institution, relationship mechanism among state organs, accountability system of officials

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