ROKILAH, ROKILAH (2013) TINJAUAN YURIDIS TERHADAP KEDUDUKAN TAP MPR DALAM UNDANG-UNDANG DASAR 1945 SEBELUM DAN SESUDAH AMANDEMEN. Master thesis, universitas sultan ageng tirtayasa.

Text Tinjauan yuridis terhadap kedudukan tap mpr dalam uud 1945 sebelum dan sesudah amandemen.pdf Download (2MB)

Abstract

ABSTRACT Rokilah. 2311120192. Judicial Review to the position of the People's Consultative Assembly decree in Contitution 1945 before and after amendment. Thesis. Program Graduate Legal Studies Program University Sultan Ageng Tirtayasa. 2013. Shifting the position of the People's Consultative Assembly as the highest state institution conceptually confirmed that the People's Consultative Assembly are not the only institutions that carry out the people's sovereignty. Every institution of government is executing the task and should be subject to the sovereignty of the people and accountable to the people. This provision changes the state divert Indonesian People's Consultative Assembly of the system to the system of popular sovereignty is regulated by the Constitution of 1945. Fundamental changes in the constitutional system of Indonesia is the vertical hierarchical system with the principle of the supremacy of the People's Consultative Assembly became functional with the principle of horizontal offset each other and watch each other state institutions. The existence of this thesis is intended to find answers to the problems: (1) The position and status of the legal statutes in the People's Consultative Assembly Act of 1945 before and after the amendment? (2) Institutions authorized to examine what provisions of the People's Consultative Assembly if contrary to the Act of 1945 before and after the amendment?. To find answers to these problems taken through normative research methods, descriptiveanalytical. Accordance with normative legal research, used the comparative approach. Data was collected through literature study and subsequent data were analyzed qualitatively legally, through abstraction and interpretation of research data, then the resulting conclusions drawn are descriptive as finding the answer to the problem. The results showed that: (1) the position of the People's Consultative Assembly decree before and after the amendment of the Constitution of 1945 is very different from this case has implications for the position of the People's Consultative Assembly itself, upon the earlier of the People's Consultative Assembly amendment serves as the highest state body that impact productlaw that created the rules and regulations that apply within and outside the People's Consultative Assembly, whereas after the People's Consultative Assembly amendments to state institutions of the same level with other institutions, the resulting products are only legal provisions that apply in the People's Consultative Assembly. (2) before the amendment of the institution of judicial review that the Supreme Court and the People's Consultative Assembly, while after the amendment there is a shift in the institution of judicial review that the Supreme Court, testing agency regulations under the legislation and the Constitutional Court, the institution of judicial review Act against the Constitution. Keywords: People's Consultative Assembly Decree

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