Politik Hukum Pemisahan Kekuasaan dan Prinsip Check and Balances dalam Sistem Ketatanegaraan Indonesia (Pasca Amandemen UUD 45)
| Main Author: | Kamal, Ubaidillah |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 44 ] JURNAL KONSTITUSI
, 2012
|
| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jko/article/view/601 |
Daftar Isi:
- The application of montesque's three fold division of political authority doctrine in many countries have different style one from another, it also happends in Indonesia. The ideas of the political authority appears in the body of UUD NRI 45. In law copuntries, the act of distribution is certainty which can not rejected. The principles of law countries want the power limitation in countries through law, mot human who lead but the law.The law politic of power allotment or the power separation with the principles of check and balance used the spirit of power limitation of the three political authority. The limitation principles becomes the basic pivotal for the uphold of law country. In the system of check and balances state institution is considered in the same level. There is no superior institution state. The institution states have the equal position, there is njo higher position among others. but the institution state principles watch and control each other, The system of check and balances are institutionalized in order to reduce the misuse potential of power by duty or official in running the country power.