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.