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Rabu, 20 Januari 2010

SYSTEM IMPLEMENTATION OF THE REPUBLIC OF INDONESIA


One of the most important content of a basic law (constitution) is how the administration of state power was carried out by state organs. State organs or institutions are subsystems of the whole system of administration of state power. System administration of state power is related to the mechanisms and working procedures of organs between countries as a unified whole in the running of state power. The system describes the administration of state power as a whole mechanism of the state institutions are given the power to reach the state goal.
Constitution of the Republic of Indonesia Year 1945 (hereinafter abbreviated as "1945") before and after the change contains several principles that have fundamental differences. Changes to the implementation of the system of power that go through the 1945 changes, is an attempt to cover up the weaknesses inherent in the 1945 Constitution before the perceived changes in practice during this administration.

a. Operation of Power System State Changes Before the 1945
Explanation of the 1945 Constitution clearly outlines the implementation of the system of state power held by the basic laws are. Described in the explanation of the state administration system which consists of seven basic principles, namely as follows:

1. Based on the principle of state law (rechtsstaat) instead of a mere power (machtstaat).
This means that countries in performing its duties and functions must be based on legal or legally justifiable.
2. Constitutional system (based on the constitution) is not based on absolutism.
According to this system that the government control is limited by the provisions contained in the constitution and also products other legislation.
3. The highest state power in the hands of the People's Consultative Assembly (MPR).
Basically, the highest authority in the country is in the hands of the people or collectively, the sovereignty of the people. However, the implementation of popular sovereignty in Indonesia conducted olesh a representative body of the PCA as the embodiment of all Indonesian people, so it can be said of the state supreme power is held by the Assembly.
4. The President is the organizer of the highest state government under Assembly.
Explanation of the 1945 Constitution outlines that under the Assembly, the President is the organizer of the highest state government in running state government. Power and responsibility is in the hands of the President (concentration of power and responsibility upon the President). The President is the mandate the Assembly, he was subject to and accountable to the Assembly. With the mandate that the position the President has discretion power and enormous authority. In addition to holding executive authority (executive power), the President also once held the power legisltaf (legislative power). Thus the 1945 Constitution, it gives enormous power to the President.
5. The President is not accountable to Parliament.
The President and the Parliament has cooperation relations, especially in terms of legislation and the establishment of the state budget, but the President is not accountable to Parliament. The point position of the President is independent of the Parliament.
6. The power of the President as head of state is not unlimited.
Although the Head of State is not accountable to Parliament, does not mean he was a dictator because the President is responsible to the Assembly. Once the House of Representatives may conduct supervision of the President, as members of the House are members of the Assembly.
7. Ministers of State are assistants of the President and not accountable to Parliament.
Therefore the position of the state ministers will not depend on the Parliament, but depending on the President. Although they are assistants of the President, but the ministers are not employees of high-normal, because that's the ministers who run government power in practice. Ministers of State to lead the department.

Thus the state governance system according to the 1945 Constitution before the change. In such systems, the Assembly is the most important state institutions because these institutions are the embodiment of popular sovereignty. After that is the President, because the President is the "mandate" MPR. Thus the state institutions in the governmental system is structured, the Assembly holds the supreme state power as a source of state authority under which the President as the organizer of the highest government authority in the Assembly. This system does not embrace the principle of checks and balances, and not set a firm limit administration of state power. Because of this weakness in the Indonesian administrative practice much abused and interpreted according to the will of anyone who holds power.

b. Operation of Power System State After the 1945 changes
After the 1945 changes, the direction of the changes made are, among others reinforce some of the principles of organization of state power before changing the principle of state law (rechtsstaat) and the principle of constitutional system (constitutional system), restructure state institutions that exist and establish several institutions new state to comply with the constitutional system and the principles of the state based on law. These changes do not alter the previous 1945 Constitution systemization to maintain historical aspects and originality of the 1945 Constitution. Changes primarily aimed at the improvement on the status and authority of each state institution adapted to the development of modern democracies.
1. Principles of State Law Changes 1945 Constitution affirms the principle of state law and made them in Article 1, paragraph 3 of the 1945 Constitution, which reads "State of Indonesia is a country of law". State law in question is a country that places the judicial power as an independent authority, respect for human rights and the principles of due process of law. Implementation of an independent judicial power provided for in chapter IX, amounting to 5 chapters and 16 verses. The judicial power shall be done by a Supreme Court and judicial bodies underneath it in the general judicial environment, the religious courts, military courts and state administrative courts, and by a Constitutional Court.
Guarantee of an independent judiciary is reflected in the provision of clear authority in the articles of the 1945 Constitution and appointment of justices mechanisms that go through each control mechanism between Yudisal Commission, the Parliament, the President and the Supreme Court, and the appointment of constitutional judges, amounting to 9 people each 3 each the House appointees, the President and the Supreme Court.
Human rights is a complete set of basic laws in a separate chapter, ie Chapter XA which consists of 10 chapters and 24 verses (compare with the 1945 Constitution before the changes consisted only of article 2 and paragraph 1). This setting is intended to provide security protection of human rights is good for every citizen mapun every person residing in the territory of the Republic of Indonesia.

The implications are expected from the arrangement of the judiciary and human rights is in operation UUD1945 governance based on principles of due process of law, that every action and government policies must be based on legal provisions. No policy can come out of the law. Each state and government policies can be sued by any person or citizen when a deviation occurs or legal violations against the rights of citizens guaranteed by the constitution.
2. Based on the Constitutional System of Check and Balances
The 1945 changes regarding the conduct of state power is to reinforce the power and authority of each state institutions, reinforce the limits of every state institution and placed under administration functions of the state for each state institution. Systems that will be built is a system of "checks and balances", ie limiting the power of each state agency by the constitution, no one supreme and no low, all governed by the same functions of each.

Governance System


A. Understanding Governance System
The term governance system is a combination of two words, namely: "the system" and "government". Means the overall system consisting of several parts that have a functional relationship between the parts and functional relations of the whole, so that these relationships create a dependency between the parts that result if one part is not working properly will affect the whole. And governance in the broadest sense has the understanding that all things are done in running the state welfare and interests of the country itself. From that sense, it literally means the system of government as a form of relations among state institutions in carrying out the powers of state for the country's own interests in order to realize the welfare of its people.
According to Moh. Mahfud MD, is the state government system and work mechanism of coordination or the relationship between the three branches of power that is legislative, executive and judiciary (Moh. Mahfud MD, 2001: 74). Thus, it can be concluded the system is a system of state governance and administration of the relationship between state institutions in the framework of state administration.

Selasa, 12 Januari 2010

"Dana LPS" Keuangan negara atau bukan..?


http://www.rakyatmerdeka.co.id/news/2010/01/12/86249/Boediono-Tidak-Tahu-Bailout-Menggunakan-Uang-Negara-atau-Tidak

Beberapa Dasar Hukum mengapa Dana LPS termasuk kategori keuangan negara :

dalam Undang-Undang LPS Nomor 24 Tahun 2004 Pasal 88 ayat 3 ditegaskan, laporan keuangan LPS diaudit oleh BPK. Kalau diaudit BPK, kita kembali ke Undang-Undang Nomor 15 Tahun 2006 Pasal 6 Ayat 1 juncto Pasal 3 UU 15 2004 tentang pemeriksaan Pengelolaan dan Tanggung jawab Keuangan Negara,Undang-undang tersebut sangat tegas bahwa BPK bertugas memeriksa pengelolaan dan tanggungjawab keuangan negara. Antara lain disebutkan, kepemilikan pihak lain yang didasari dari fasilitas pemerintah merupakan keuangan negara.

UU Nomor 17 tahun 2003 tentang Keuangan Negara Pasal 2 huruf g
Keuangan Negara meliputi:
kekayaan negara/kekayaan daerah yang dikelola sendiri atau oleh pihak lain berupa uang, surat berharga, piutang, barang, serta hak-hak lain yang dapat dinilai dengan uang, termasuk kekayaan yang dipisahkan pada perusahaan negara/ perusahaan daerah

UU Nomor 24 tahun 2004 tentang Lembaga Penjamin Simpanan
Pasal 81 ayat 2 :
Kekayaan LPS merupakan aset negara yang dipisahkan

dari dasar hukum di atas maka saya berkesimpulan bahwa Dana LPS itu termasuk kategori Keuangan Negara

Rabu, 06 Januari 2010

Achievement of our national football team and PSSI


the match between Indonesia's national team VS Oman national team at the end of the match in the entry of a surprise to fans who went to Indonesia midfield and dribbled up to the national team goalkeeper Oman ..
After the arrest, and supporters asked why this "why do something like that?"
He replied "because it upset the Indonesian National Team performance diminishing pride and team it defeated by the Oman national team at home leading the National Team Indonesia did not qualify for the Asian cup finals"
what is the real supporters are doing a very sharp criticism of the institution in charge of football in Indonesia (PSSI) that during the caretaker PSSI still these people, the achievements of the Indonesian national team will never go, even that is in fact diminishing. .
should the people who take charge of PSSI now opened the eyes of the inability to improve the performance of national football team we are, coaching football is in shambles, a competition that many problems and so on ..
and what they should do is resign immediately from the management of PSSI and handed it to someone more capable and understand football ..

offerings from Indonesia nasioanal team supporters who want to see the Indonesia national team achievement and disgust against the current board PSSI

Minggu, 03 Januari 2010

MEMILIH PEMIMPIN BERDASARKAN KARENA SUKA


awal kita berjumpa dirimu bercerita sedang dilema diantara pilihan-pilihan yang ada..

perjumpaan selanjutnya dirimu berkata telah memilih salah satunya dan merasa bahagia karena telah memilihnya..

tapi terakhir kali kita berjumpa justru dirimu menyesal telah memilihnya karena dia telah membuatmu kecewa..

akankah dirimu melakukan kesalahan yang sama dengan sebelumnya..?

karena hanya memilih berdasarkan rasa suka,,

semoga tidak..

dan dirimu tidak jatuh ke lubang yang sama untuk waktu yang cukup lama selama 5 tahun..

comparison of Gus Dur and SBY


Here is a comparison of Gus Dur and SBY are:
Gus Dur does not care about appearance, while SBY is very concerned with appearances.
Gus Dur is the civilians who dared to resist the military. He, for example, dismiss General Wiranto. While SBY is a retired ... generals who sometimes fear against civilians. He, for example, did not dare arrest Anggodo cs profiteer who has his name.
GUSDUR was also assessed against the current dare though only a minority supported. This is different from SBY, which, though supported by a majority sometimes did not dare go with the flow. Another thing is, Gus Dur himself often make an opinion even if sometimes controversial. The SBY always used to follow the opinions of others and sometimes wait for the results of the poll. Problem phrase that is often conveyed both also made the material be distinguished.
Gus Dur is often said, "Gitu aja kok repot!" On the other hand, the statement SBY favorite, especially lately, is, "I have been slandered!"
What about the fate of both? Yes, Gus Dur had to leave the court in July 2001 after the fuss Buloggate numbering billions of rupiah. While the fate of SBY is not yet known. But the clear, which grazed his government Centurygate worth Rp 6.7 trillion, or a thousand billion.

"reflections at the end of the year"


oh god, in one of this year I feel too many sins I had done in comparing the goodness that I had done,
maybe I can to stay away from what you forbid, but I'm very hard to run a command, maybe it was in because of feeling lazy,,

and in this year I was never again to pray, because I always thought that,,

"God will only give the best for us, but sometimes what we think is good for us, but not according to God"

on the basis that's why I never pray again to thee in the way requested, because I thought why would I pray for what is best for me, if you think it is best not what I asked for,,

and I'm sure if you are omniscient, so I no longer pray to ask you something because I'm sure without asking for anything you will give the best for me ..

and I think the best prayer is when I'm grateful for what you give, because according to your word

"whoever is grateful for the blessings I have given, then I will add pleasure" ..

and I thought how grateful the best is
"to run away from God's commands and prohibitions of God" ..

and starting early I'll try to be grateful in that way ..
I will try to run the command and away from anything that you are prohibited ..

"""I hope this year could run away from God's command and forbid what is the good Lord""