AGNES EKO WULANDARI, 030810639 M (2010) PENGGUNAAN HAK ANGKET DALAM SISTEM KETATANEGARAAN INDONESIA. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

In the Indonesian state order system, there are two regulation that used as base in parliament investigations procedure. The namely of regulation are the law number 6 year 1954 (Undang-Undang Nomor 6 Tahun 1954) and the law number 27 year 2009 Undang-Undang Nomor 27 Tahun 2009). The provisions for the parliament investigations that contained at two regulation are conflicting so theimplementation has inconsistent. Furthermore, the procedure of parliament investigations in House of Representatives Rules of Indonesia (Peraturan Tata Tertib DPR RI). But sanction for member violations of provisions outside are not regulated in these procedure. The inconsistent at parliament investigations procedure showed obscurity constitutional system. This research intend to review the legality of parliament investigations in Indonesian state order system so the new law argument that associated with implication could be obtained. This research was a type of normative legal theory. Legislation, comparative, and conceptual was used as approach. Research is result showed that the law number 6 year 1954 (Undang- Undang Nomor 6 Tahun 1954) has irrelevant for used because from positivism view, legislation is already losing the basic validity and not appropriate with systematic state administration outlined from the foundation of 1945 constitutions re-affirmation. The absence of regulation for member of House of Representatives (DPR) if act outside the provisions of procedure House of Representative related with parliament investigations procedure as if House of Representative (DPR) was independent institution in the supervision of government. The use of parliament investigations in Indonesian state order system may have implication for impeachment as regulated at Article 7A and 7B 1945 NRI Constitution (pasal 7A dan 7B UUD NRI 1945), but not in a culture that the parliament may issue a no confidence vote as well as in the UK every time. In the new system post-amendment (presidential system), the direct responsibility of the president to the people consequential to the position of president which can not be imposed by parliament so the president and vice president can not dismissed in their tenure because of political reasons. In reality, MPR could decide whether or not the President and vice president dismissed in a plenary session attended by three fourth of the members and approved by at least two thirds of the total member present although MK already decided that the president and vice president proved that have violated the law so the process not only based on legislation but rather based upon the existence of a political element.

Item Type:	Thesis (Thesis)
Additional Information:	KKB KK-2 TH 38 / 10 Wul p
Uncontrolled Keywords:	Parliament Investigations, System, and State Order.
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K3154-3370 Constitutional law > K3370 Constitutional courts and procedure
Divisions:	03. Fakultas Hukum > Magister Ilmu Hukum
Creators:	Creators NIM AGNES EKO WULANDARI, 030810639 M UNSPECIFIED
Contributors:	Contribution Name NIDN / NIDK Thesis advisor Sukardi, Dr.,S.H.,M.H UNSPECIFIED
Depositing User:	Nn Anisa Septiyo Ningtias
Date Deposited:	27 Jun 2016 06:53
Last Modified:	27 Jun 2016 06:53
URI:	http://repository.unair.ac.id/id/eprint/38313
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