Yusri Wahyuni, - (2022) KEKUASAAN DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA MEMBENTUK UNDANG-UNDANG DALAM PERSPEKTIF TEORI HUKUM. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This research was conducted to assess the power of the House of Representatives of the Republic of Indonesia as the power-holding institution in forming laws in the perspective of legal theory which is expressly stated in Article 20 paragraph (1) of the 1945 Constitution of the Republic of Indonesia that "The House of Representatives holds the power to form laws". However, with the existence of Article 20 paragraphs (2) and (3) of the 1945 NRI Constitution which makes the starting point for the weak power of the House of Representatives as a legislative institution in forming laws. With the phrase "obtaining mutual consent" in Article 20 paragraphs (2) and (3) of the 1945 NRI Constitution, the House of Representatives no longer holds full power in forming laws as mentioned in Article 20 paragraph (1) of the 1945 NRI Constitution. The power given by the constitution to the President is so great as an executive institution whose essence is the institution that carries out the law, where if a draft law does not get the approval of the President, then the draft law will forever not become a law and must not be submitted again in the proceedings of the House of Representatives at that time. When connected with the trias politica theory that has influenced the Indonesian state, that ideally something of power according to the trias politica theory is that all the functions of these branches of power must run in accordance with their essence. The essence here places the branches of power in the state to the actual function, namely the legislature as the institution that makes laws, the executive as the institution that carries out laws and the judiciary as the institution that oversees the passage of laws. In Indonesia, both in theory and implementation, it is actually inconsistent in applying the concept of trias politica theory, this can be known because of the regulation of legal norms in the Constitution itself which makes on the one hand the Indonesian state has firmly made the House of Representatives an institution that has the power to form laws as stated in Article 20 paragraph (1), however, on the other hand, the existence of Article 20 paragraphs (2) and (3) of the 1945 NRI Constitution makes the House of Representatives no longer an institution that holds full power in forming laws. Keywords : Power, House of Representatives, Law, Legal Theory
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2010622016] [Pembimbing: Taufiqurrohman Syahuri] [Penguji 1: Taufiqurrohman Syahuri] [Penguji 2: Wicipto Setiadi] |
| Uncontrolled Keywords: | Power, House of Representatives, Law, Legal Theory |
| Subjects: | K Law > K Law (General) K Law > KZ Law of Nations |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | Yusri Wahyuni |
| Date Deposited: | 13 Sep 2022 04:41 |
| Last Modified: | 20 Sep 2022 01:48 |
| URI: | http://repository.upnvj.ac.id/id/eprint/21053 |
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