Legal Literacy - Existence constitution in the constitutional life of a country is something very fundamental and absolutely essential in a country. The idea of constitutionalism in the form of limiting government power regulated in the constitution can guarantee the protection of human rights. Therefore, the dynamics of a country's constitutional system are also determined by the dynamics of the history of the country's constitution, because in the constitution, the system of government, the form of the state, the system of control between state powers, guarantees of citizens' rights, and the most fundamental regarding the division of power between elements holding state power such as legislative, executive, and judicial powers can be seen.
To understand the constitutional structure of a country as determined in its constitution, one method that can be used is a comparative approach.
In the concept of the rule of law, the constitution and human rights are closely related. Law becomes an important instrument in guaranteeing the protection and enforcement of human rights in a country, especially in the supervision and restriction of public authorities or the state to prevent abuse of power. The existence of guaranteed protection of human rights is one of the contents found in almost all constitutions of countries in the world. This can be seen in the content of the constitutions of the State of Indonesia and the State of Russia.
Indonesian Constitutional System
The basic law plays an important role as the written basic law for a country and is the most important reference for the life and mechanism of state administration. maintain the country. This certainly applies to the Indonesian nation, which has the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and is believed to be a normative constitution that inspires and underlies the direction and movement of national development.
Based on Article 1 paragraph (1) of the 1945 Constitution, Indonesia is a unitary state in the form of a republic. Quoted from www.dictio.id, a unitary state is a form of state that has independence and sovereignty over its entire territory which is organized as a single unit where the central government is the holder of the highest power and its subnational units as delegates to exercise power elected by the central government.
Article 4 paragraph (1) of the 1945 Constitution states that âThe President of the Republic of Indonesia holds the power of government according to the Constitution.â The president's power is actually limited by constitution, the President of the Republic of Indonesia holds power as head of state and also head of government. This confirms that Indonesia adheres to a constitutional republic form of government, which is a form of government led by a president. Thus, the system of government in Indonesia adheres to a presidential system which is a republican system of government in which executive power and legislative power are elected separately through elections.
The parliamentary system in Indonesia adheres to imperfect bicameralism, namely the existence of the People's Consultative Assembly (MPR) consisting of the House of Representatives (DPR) and the Regional Representative Council (DPD), where the MPR still has a function and stands alone apart from the DPR and DPD institutions, and the DPD only has a function as a complementary institution to the DPR because it does not have full legislative functions. The DPR and DPD must be able to carry out the check and balances function perfectly.
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