PART I
PRELIMINARY
Since the 1999 reform is a discourse that is always actual to date and touching various aspects of national life. In a simple reform is defined as a process of change drastically both incremental and comprehensive and toward a condition of the country better than before. Meanwhile, according to Syamsudin Haris reform is an attempt realignment of the political system, economic and legal systems towards a healthier democratic and fair. Ten years passed, the ideal would be the creation of a just and prosperous society based on Pancasila and the Constitution of 1945 has not been reached. The problems for the sake of the problems arise from different causes are multi-dimensional One reason is the unfinished reform of the state administration towards the state administration and in accordance with the characteristics of good governance. The definition of public administration developed many versions of which Nigro and Nigro argued that: of Administrative Public is a cooperative venture groups in a public environment that includes three branches, namely the judiciary, legislative and executive branches have an important role in formulating public policy so that it becomes part of the political process is very different ways to be taken private administration and is closely related to several groups and individuals in the private sector to provide public services. (Nigro in Yeremias 2004; 5) Based on these definitions can be concluded that the public administration related to the system of state administration, in the sense that the public administration in carrying out their duties can not be telepas from outside the sub-systems of governance (executive). Executives must cooperate with the legislative and judicial branches as well as other stakeholders in the process of policy making and service delivery for the public. The relationship between these institutions has been regulated in the Constitution of 1945 (UUD 1945) a source of state law, in addition to the 1945 Constitution also contains the purpose of development is to be achieved by the state officials. 1945 in his journey is divided into two important stages, the first stage is when the new order (pre-reform) and reform order (after the reform). In the first phase, namely the new order of 1945 into an Act which stood strong for over thirty years without the slightest change. 1945 with all its limitations seems to be the holy book of governance at the time and became a formal legal basis to perpetuate the rule of the New Order regime. Second after the 1945 reform from 1999 to 2004 has experienced four times the amendment, the purpose of the amendment is to improve the system of state administration towards good governance in the future. In connection with the 1945 amendment, the system admiistrasi country in 1945 has strived to be reorganized and adapted to the socio-political developments that occurred in Indonesia. The goal of the development of the state administration system is to improve and utilize the system of state administration in all dimensions and the process to continue to grow mensikapi demands for reform in holding negara.Namun, there are still many irregularities in the implementation of the 1945 Constitution. After amendments to the threat of national disintegration still occur such as Aceh, Maluku and Papua, coordination between regions increasingly difficult and chaotic in creating harmonization of development between regions, the division of the "pie" pambangunan economy is not evenly distributed, the working relationship between the executive and the legislature are not smooth and many other issues still in line with expectations of such amendment. This is because there is no foundation to think the same, footing, direction, implementation, and development of the state administration system. Actualization of checks and balances systems that are not optimal, the construction documents are not systematic, disharmony regulation and supervision of control, are several factors causing the development of the country admministrasi not operate effectively and efficiently. However, when broken down further, the problems are more due to the weakness of the 1945 Constitution which is exacerbated by the freedom of the meaning of the constitutional norms by sectoral interests.
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III. Writing purpose
The improvement of the administrative system based on the 1945 constitution are:1. Defining the direction of development and the development of state administrative system based on the constitution.
2. Formulate a development transformation agenda tailored to the needs of state administration reform of state administration.
CHAPTER II
DISCUSSION
I. Core Values Nationality in 1945.
- National principle
In the fourth paragraph of the preamble of the 1945 Constitution stated that "the Republic of Indonesia .............. sovereignty of the people by virtue of the Almighty God, just and civilized humanity, the unity of Indonesia and Democracy led by the inner wisdom of the Consultative / Representative, as well as by fostering a social justice for all Indonesian people. "in the paragraphs mentioned about Pancasila which is the basis of the state and is the source of all sources of state law. First Precept supreme deity implies that Indonesia is a country that berketuhanan with respect between different religious communities in Indonesia. Sila both just and civilized humanity mengadung sense that the Indonesian nation to respect the human rights of every citizen and ensure justice for the people of Indonesia. Third Sila Indonesian Unity mengadung meaning that although Indonesia consist of various ethnicities but remain united within the unitary state of Indonesia. Fourthly, Democracy, led by the inner wisdom of the Consultative Representative mengadung the sense that Indonesia is a democratic country and prioritizing consensus. Fifth Social justice for all Indonesian people implies that the Indonesian people always seek justice and prosperity by using its natural resources as well as providing opportunities and protect the weak economic community. Merukan Pancasila as the most basic things and will preserve its values to future generations.
- Ideals of Indonesia.
The ideals of the Indonesian nation as well as a vision of the country's independence is listed on the 1945 opening of the second paragraph, namely: ".................... deliver the people of Indonesia to the front gate of the country's independence Indonesia, an independent, united, sovereign, just and prosperous.
- The purpose of the Indonesian nation.
The purpose of the Indonesian nation listed in from opening 1945 stated as follows: "After these things to form a Government of the State of Indonesia which protect the entire Indonesian nation and the entire homeland of Indonesia and to promote the general welfare, educating the nation and participate in the establishment of world order based freedom, lasting peace and social justice, "Interest in the third paragraph is a translation of the mission and vision in the ideals of the Indonesian nation. This mission is a task that must be carried and always pursued in the development of the Indonesian nation. Translation of ideology, ideals and goals of the Indonesian nation tercatum in the opening 1945 is the direction of the whole nation Indonesia in carrying out development. Besides, also, the opening of the 1945 Constitution should be used as guidelines in the system of state administration in order to reach the development goals of the Indonesian nation.
II. Overview empirical development policy and the development of state administrative system based on the norms of the Constitution 1945.IV.2.1 Scope Changes In 1945 the State Administration System.
As already explained above that the torso of the 1945 Constitution has been revised four times. The ultimate goal is to make 1945 as the Act more democratic and in accordance with changes in the condition of Indonesia. Changes or amendments to the 1945 Constitution also affect a change in the state administration system. State Administration System is basically divided into two groups: the process of administering the state and the governance process. Overview empirical amendment of the Constitution to the two countries penyenggaraan process and governance are as follows:
A. State Implementation System.
State Implementation System, as the embodiment of a state institution and in the management of all policies and activities of the institutions of state and the state apparatus and the people in order to achieve the purpose of the state as stated in the preamble of the 1945 Constitution of state administration system covering the entire state apparatus and its political organizations, civic and the developing world usahayang accordance with the life and progress of the nation.
B. Government Management System.
The system of governance is a manifestation of state power pemyelengaraan dimanatkan to the Indonesian President uantu implemented through aides and institutional devices underneath both central and local levels as well as sound functional relationship with state institutions based kewenagan respectively. All of these in order to achieve national development goals as contained in the preamble of the 1945 Constitution governance system includes the president and all apararur good governance at central and local government with all political organizations, civil society, the business world is evolving in accordance with the nation's life.
- Key Thought Amendment 1945
1. Amendment One
The first amendment of the 1945 Constitution occurred at the beginning of the reforms carried out, following the fall of the New Order regime demanded more democratic government. Revised 1945 diarahnkan to correct the weaknesses that exist to alter the articles that are considered too centric executives. It can be seen from the changes made to Chapter III of governmental power. Things that are important in Chapter III changes are: a. Berwewengan President is no longer full of the lawmaking but only proposes course, kewenagan approval of the law-making is in the hands DPR.b. Of presidential term limits in power indefinitely being just two periods saja.c. Reduction of presidential authority in diplomatic affairs where the president should be subject to parliamentary approval in lifting diplomatik.d officials. Reduction in the presidential authority of judicial power, the president in granting pardons, amnesty, abolition and rehabilitation must be with the approval of the Supreme Court and Parliament. e. The appointment of ministers is wewengan president, free from intervention politik.Pergeseran important is happening is a shift of power from the executive manufacture perudangan ie to the legislature. In Chapter VII of the House of Representatives in article 20, paragraph 1, clearly states that the Parliament holds the power to make laws.
2. The second amendment.
Alteration or amendment of the 1945 Constitution which both have two main themes, namely autonomy and human rights. The first principal changes aimed at reducing centralization that had been held by the central government, centralization of authority resulting in undeveloped areas, while some have maintained the resources it generates huge absorbed by the central government. With regional autonomy tersbut expected to encourage regions to be more independent in managing and utilizing the potential of the area. This is reflected in Chapter IV of the Regional Government, in the chapters and verse-verse set on local government, central and local government relations, the delegation kewenganan center to the regions, the establishment of rules and recognition of indigenous keanekarahgaman area. Thought for the other major is about the recognition of human rights, it is against the background of violations of human rights in the administration of the old order and the new order. The inclusion of human rights in 1945 is intended to provide legal certainty to human rights in accordance with the second principle of Pancasila is just and civilized humanity. Recognition of the human rights contained in CHAPTER X A of the Human of the articles therein set things up as follows: a. The right to life, b. The right to form a family, c. Rights to develop themselves, the right to protection of law, freedom of religion, speech, expression, and berkumpuld berserikan. The right to belong to your personalized. The government's responsibility to protect the rights manusiaf. Hamg enforce obligations. Restrictions on the application of human rights on the basis of moral, religious values as well as security and order changes the other on the second amendment is on the board of Representatives, where in Chapter VII that includes the expansion of the rights of the board, especially in the manufacture of perudangan where the president can not veto the proposal of the board because after 30 day did not get a response the proposal shall be enacted. It also addressed the rights of Parliament in its legislative function, budgeting and control, to be able to carry out its function members of Parliament have the right of interpellation, the right of inquiry and the right of expression and the right of immunity.
3. The third amendment
The third amendment is a process that can not be separated from the previous amendment. The third amendment emphasizes reforms in susuna and notch higher institutions of the country. The main points on the third amendment changes are as follows: a. State law, in Chapter I of Article 1, paragraph 3 is reiterated that Indonesia is a country hukum.b. Restrictions kewengana MPR to impeach the president, Presdien dismissal process set out in Chapter III of article 7A to Article 7B paragraph 1 to paragraph 7. The process of impeachment should the president on the proposed Parliament and the Constitutional Court ruled in favor of the then proposed to MPR.c. Election of the President, in Chapter III, article 6 and 6A set of procedures for presidential elections. The important thing in this article is that the president and vice president elected directly by the people, not selected by MPR.d. Parliament can not be dissolved by the president, it is described in Chapter III Section 7C. It is intended that the position of both balanced and there is a balance and mutual control among the two institutions. e. Establishment of the Regional Representative Council, the formation of DPD is intended that regional interests are also represented in the House of Representatives so the process of making laws and policies negara.f. Changes in the electoral process, in Chapter VIIB of Elections stated that the elections were held for meilih members of Parliament, Parliament, Council, and the President and his deputy. Elections are held every five years organized by the General Election Commission (KPU) .g. Budgeting budgeting process begins premises President of RAPBD proposal to Parliament to discuss it together. If the state budget is not approved then used sebelumnya.h year. CPC regulations on the CPC set out in Chapter VIIa. In the chapter mentioned that the CPC is an independent institution within run the duties. BPK audit results are reported to the DPR, DPD and DPRD for action lanjuti.i. Judicial Power shall be done by the Supreme Court in order to enforce laws and regulations, j. Independent judicial commission is authorized to propose the appointment of justices and have other authorities in order to preserve and uphold the honor, dignity, and hakim.k behavior. The Constitutional Court has the authority to hear at the first and last decision is final, the laws against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the Basic Law, dissolution of political parties, and to decide disputes concerning the results of the general election.
4. The Fourth Amendment
The fourth amendment is directed to memperbaik organizing country and the emphasis of attention to the education and welfare of the community. In the fourth amendment to the amended terms of the following:
a. MPR in Chapter II, Article 2 states that members of the Assembly is composed of members of the DPR and DPD selected through elections. So the members of the Assembly no longer coming from the appointment.
b. Elections, the electoral process is done through the presidential election second round when the first round failed to get a winner. These changes indicate that the presidential election process is determined by the people in a democratic rather than the institutions others.
c. Dissolution of the DPA, the DPA is no longer required in the position of State Agency for the fact that this institution is never enough contribution in accordance with the main task.
d. Financial problems dibuah in Chapter VII, in the chapter is not determined the type of currency it is to anticipate changes in the regional economy in the future.
e. Education and Culture amended in Chapter XIII, in the chapter essentially reiterated the right of every citizen to obtain a good education, with a budget allocation memadahi.
f. Economy and social welfare modified in Chapter XIV, basically stated that the government sought the economy fairly and equitably distributed. Besides, it also has stressed again that the government is obliged to maintain the citizens who live in poverty and developing social security for all citizens.
g. Constitutional changes set out in Chapter XVI of article 37 in the article set the terms and conditions amendment to the Constitution unless the unitary Republic of Indonesia.
- Identification of the problem in 1945 (constitutional problems) that become obstacles in achieving goals of nation and state.
1945 is a product of the constitution that underlie the two regimes, namely the old order and the new order, as we already know that the two regimes are loaded with weaknesses. According to Mahfud, in 1945, there are five basic weaknesses, namely: 1. Draft constitution Eksekutif.Konstitusi 1945 terms with the executive power where the president holds executive power and power legislasi.2. Lack System Check and Balances.Didalam original 1945 Assembly declared the highest state institution, but in practice it can not control the MPR president. In the 1945 Constitution is also not clearly separating the executive, legislative and judicial branches of government that failed to create the mechanism of checks and balances is good. The power failure creates the dominant powers of the president over the legislative and yudikatif.3. Too much Delegation to the level of the 1945 Act Undang.Pendelegasian ketingkat Act creates problems when the president as chief executive given kukuasaan great in making laws (legislation). The imbalance of power between the president and parliament (legislature) led the president can make laws in accordance with the conditions expected, so it is feared appears otoriterisme.4. Still existence clauses Tafsir.Pasal Multi-chapter containing multiple interpretations or rubber articles is the future be used to preserve the power of the name of the Act. Such articles provide flexibility for the executive to interpret that article in accordance with kepentingannya.5. Practice 1945 is highly dependent on the political will of the government. The vagueness of these articles ditas 1945 led to the implementation depends on kemamuan government. Power that is not controlled by a counterweight that will either make executives become authoritarian government as it did in the old order and the order of its development baru.Didalam those articles are corrected in the 1945 amendment as already described in previous chapters. However, until now there are many deviations that occur both national and local. The weaknesses include: 1. Lack of clarity about the parliamentary system in Indonesia, in Indonesian parliament consisting of the House of Representatives and the Assembly. While the Assembly is state institutions that have their own power, but its members are members of the House of Representatives and DPD.2. Reforms executive until now the president is still not free from the grip of political parties. The President proposed by political parties tend to do politics reciprocation to the party who mencalonkannya.3. Legislative reform in the 1945 amendments already dilkukan the friction with the executive power to legiaslatif to create a system of Checks and Balances good. However, in implementation of these changes make the DPR / D as an institution because of misinterpretation of law superior to most members of the House / D.4. The implementation of regional autonomy multiple interpretations so many different areas of implementation. Euphoria autonomy cause many problems, especially the ego of regionalism and lack of coordination among daerah.5. The still high leakage and mismanagement of natural resources leads to efficiency and income of the state budget that either have not been achieved. The leak resulted in poor government services in education and not achieving the public welfare.
- Identification of the State Administration of Development Needs In the Future, Customized Call For Reform In State Administration. 1. The division of authority more firmly between the executive, legislative and judicial branches in order to create a mechanism of checks and balances baik.2. Provides opportunities for independent candidates to participate in the presidential election process and the vice president in creating birokrasi.3 neutrality. Improve the regulation of recruitment candidates for members of Parliament from the political parties to the human resources to be better 4. Accelerate the preparation of regulations implementing the Act No32 of 2004 on Regional Government so that the implementation of regional autonomy is not implemented multi tafsir.5. Accelerate eradication korupsi.6. A new law on state penyelegaraan ethics governing the behavior of each state officials.
CHAPTER III
COVER
I. Conclusion
1. Amendment of 1945 has been done four times and lead to a more democratic constitution, but in praktennya have not been able to respond to demands for reform in the administration of the state.
2. The phenomenon that emerged in the implementation of regional autonomy is a lack of coordination among the areas thus creating disharmony between regional development
3. Appears imbalance between the executive and legislative authority due to the dominance of the legislative kewengan.
4. Not to the achievement of national development goals as He dirumuaskan in the preamble of the 1945 Constitution was due to ethical violations penyelenggaran government that gave birth to the high rate of corruption
II. Suggestion
System development policy based on the constitution of the State Administration be directed to:
1. The development of a democratic system of government based on the values contained in the preamble of the 1945 Constitution.
2. Development of a system of checks and balances between state institutions so as to create a balance of authority.
3. Structuring the system of regional autonomy that leads to self-reliance, local empowerment and synchronization of development between regions.
4. Development of ethical governance leads to good governance.
BIBLIOGRAPHY
Denny Indrayana, Ph.D, Amendment 1945 Between Myth and Demolition, Mizan, Bandung, 2007.
Rohdewohld Rainer; Public Administration in Indonesia; Montech PTY, Australia; 1995.
LAN, the State Administration System Book III, Institute of Public Administration; Jakarta; 2004.
Inu Kencana Syafiie, Drs, Msi; Indonesian Government System; Rieneka Cipta; Jakarta; 2002
Law 1945 revision 1 to 4.
http://www.fisip.undip.ac.id/admpublik/index.php?option=com_content&task=view&id=14&Itemid=28.
FOREWORD
Praise and their gratitude writer prayed to Allah SWT., Who has given mercy, guidance and taufiq him, so I have been able to complete the paper entitled: "State Administration Conducted Under The Covers Aspects 1945 Nation".
Invocation and greeting sanjungkan author penhulu natural fold of the Great Prophet Muhammad. Which has brought mankind from ignorance to the natural realm filled with science.
Hopefully the preparation of this paper can be useful for the writer himself and for all readers and above shortcomings and errors of the author in writing this paper, the authors expect comments and suggestions for improvement in the future.
December 2009
Author,
TABLE OF CONTENTS
Foreword ................................................ .................................................. ... i
Table of contents ................................................ .................................................. ii ..............
CHAPTER I INTRODUCTION ............................................... ..............................
I. Background .............................................. ................................
II. Writing method ................................................ .........................
III. Writing purpose ................................................ ...........................
CHAPTER II DISCUSSION ............................................... .................................
I. Basic Values Nationality in 1945 ..................................
II. Overview empirical development policy and the development of state administrative system based on the norms of the Constitution 1945.IV.2.1 Scope Changes In 1945 the State Administration System ...................... .................................................. ...................
CHAPTER III CLOSING ............................................... ...........................................
I. Conclusions ............................................... ....................................
II. Suggestion ................................................. ............................................