Representative Assembly According to the 1945 Constitution

Dr. Herlambang P. Wiratraman Constitutional Law Department Universitas Airlangga 7 March 2018

Points for Discussion• Historical overview of parliament in Indonesia • Political context of constitutional reform and its impact to

parliamentary system• Representative Assembly: MPR, DPR, DPD, and DPRD

Sources:

The 1945 Constitution and Law on MD3 (2018)

Historical overview of parliament in Indonesia

• BPUPKI: the Investigating Committee for Preparing Indonesia’s Independence, a Japanese- organised committee, which was to support independence in Indonesia

• PPKI: The Committee for Preparing Indonesia’s Independence • KNPI • Parliament (DPR, Senat) - 1949-1950• Konstituante Council (1956-1959) • MPRS

Parliament in the Soeharto’s New Order

• Electoral in post-mass killings (1965-1967) - the collapse of Indonesian Communist Party

• 1971 - 10 contestant• 1977 - 1998: 2 political parties and Golkar• The role of military in politics • Soeharto’s authoritarian regime and parliament

Political Context of Constitutional Law Reform

• Economic/financial crisis in Asia, including in Indonesia, 1997-1998

• Student movement and its occupation in house of representative

• The demise of authoritarian regime of Soeharto• Popular democracy and its movement, crisis of

developmentalism

People Sovereign

and Rule of Law

Article 1 of the Indonesian Constitution: (2) Sovereignty is in the hands of the people and is implemented according to this Constitution. (3) The State of Indonesia shall be a state based on the rule of law.

The People's Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR): DPR (The House of Representative) and DPD (The Council of Representatives of the Regions)

Article 2 (1): The MPR shall consist of the members of the DPR and the members of the DPD who have been elected through general elections, and shall be regulated further by law. No longer appointed military member in the HouseNo longer appointed regional and group member in the HouseArticle 7C: The President may not freeze and/or dissolve the DPR.

Representative in the House and the Council

Constitutional Law System in Indonesia

CONSTITUTION

PRESIDENTMPR

DPR DPD

COURT OF JUSTICE

SUPREME COURT

CONSTITUTIONAL COURT

Before amendment

BPK