Comparison of Constitution and Institutions between Indonesia and Russia based on the Human Rights System and Mechanism

18 Feb 2023 06:17 WIB 18 February 2023 06:17 WIB 11 minutes reading time: 11 minutes 1 read

Updated: 12 Feb 2024 02:52 WIB 12 February 2024 02:52 WIB

Legal Literacy - The existence of a 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...

Comparison of Constitution and Institutions between Indonesia and Russia based on the Human Rights System and Mechanism

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Table of Contents

The Indonesian Constitutional System
The Russian Constitutional System
Human Rights System and Mechanisms in Indonesia
Conclusion
References

Section 2/3: The Indonesian Constitutional System

The Indonesian Constitutional System

The constitution 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. maintaining that 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 of the Republic of Indonesia, 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 as the holder of the highest power and its subnational units as delegates to exercise power are elected by the central government.

Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia states that “The President of the Republic of Indonesia holds governmental power according to the Constitution.” The power of the president is actually limited by constitution, the President of the Republic of Indonesia holds power as both the head of state and the head of government. This affirms 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 system of government of a republic in which the executive power with legislative power is 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.