The function of executive, legislative and judiciary institutions in Indonesia

JAKARTA (Antara) – In the Indonesian government system, state power is divided into three main branches, namely executive, legislative and judicial institutions. This division refers to the concept Trias Politica which was put forward by French philosophers, Montesquieu, in his book L’SSprit des Lois.

This distribution of power is aimed at not centralizing power in one institution and guarantees the creation of a system of supervision between state institutions (Checks and Balances).

The three branches of power have different functions and authorities but are interrelated in the administration of state government. The following is a complete explanation of each institution.

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Executive Institution: Government Policy Implementer

The executive institution is a branch of state power whose task is to carry out the law and organize government administration. In Indonesia, executive power is held by the President as Head of State and Head of Government, accompanied by the Vice President and ministers who are members of the cabinet.

In the context of constitutional law, executive institutions in the narrow sense consist of the president and ministers. But in a broad sense, this institution also includes the State Civil Apparatus (ASN) and the military as technical implementers of state policy.

The function of the executive institution includes five main areas:

• Administrative Field: Carry out state administration and carry out legislation.
• Legislative Field: submit a draft law (Bill) and discuss it with the DPR.
• Security Field: regulate national defense and security through the TNI and Polri.
• Judiciary: Providing pardon, amnesty, abolition, and rehabilitation.
• Diplomatic Field: regulate foreign relations and international agreements.

In the presidential government system adopted by Indonesia, the President has a central role in executive power, but remains in the corridor of supervision by legislative and judicial institutions.

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Legislative Institution: CONTAINING Act

The legislative institution is a branch of state power whose task is to make, discuss, and ratify the law. In Indonesia, the legislative body consists of the House of Representatives (DPR), the People’s Consultative Assembly (MPR), and the Regional Representative Council (DPD).

According to constitutional law expert Miriam Budiardjo, the legislative body has two main functions, namely:

1. Legislation Function: Determine state policies and make laws, including initiative rights and amendment rights to the bill.
2. Supervision Function: Oversee the implementation of the law by the executive institution to run in accordance with the provisions of the law and the interests of the people.

The legislative institution also has the authority in terms of budget approval, supervision of international agreements, as well as the granting of approval of other countries’ strategic policies.

In the presidential system, the legislative institution stands independently from the executive and has an equivalent position in governance.

Judicial Institution: Law Enforcement and Constitution

Judiciary is a branch of state power that carries out a judicial function, namely upholding law and justice based on the 1945 Constitution. This institution is independent and free from executive and legislative institutions.

Judicial power in Indonesia is carried out by two main institutions, namely the Supreme Court (MA) and the Constitutional Court (MK).

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1. Supreme Court

As the highest court, the Supreme Court has the authority to:

• Decide the application for cassation.
• Resolving disputes of authority to prosecute between judicial institutions.
• Checking Requests for Reconsideration (PK).
• Conduct a judicial test of the regulations under the law.

The Supreme Court also oversees four judicial environments, namely the General Court, Religious Courts, State Administrative Courts, and Military Courts. In addition, there are special courts such as Corruption Courts (Corruption), Human Rights Courts, and others.

2. Constitutional Court

The Constitutional Court has a strategic role in maintaining the supremacy of the constitution and democracy. The authority of the Constitutional Court includes:

• Test the law of the 1945 Constitution.
• Resolving disputes between state institutions.
• Decided the dissolution of political parties.
• Complete disputes over the results of the general election.
• Give a decision on the opinion of the DPR regarding alleged violations of the President and/or Vice President.

Three Pillars of Supporting Democracy

These three state institutions are the main pillars in running a democratic government. The executive agency is tasked with carrying out policies, the legislature is tasked with formulating rules, and the judiciary is tasked with upholding justice. All three must run balanced and monitor each other so that there is no misuse of power.

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Reporter: Raihan Fadilah
Editor: Suryanto
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