PRINSIP CHECKS AND BALANCES DAN IMPLIKASINYA TERHADAP HUBUNGAN TATA KERJA ANTARA DEWAN PERWAKILAN RAKYAT DAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA

Abstract

The amendment of the 1945 Constitution has brought a shift from a constitutional power system characterized by executive heavy to the checks and balances power system. Such a shift encourages to uncover the checks and balances implications of the relationship between the House of Representatives and the President.The aims of the study are to reveal the factors the of checks and balances between the House of Representatives and the President; implications of checks and balances on the functions of House of Representatives, and building the framework of checks and balances between the House of Representatives and the President. This research uses the doctrinaire approach to analyze the primary legal materials and the secondary legal materials. The results showed that the checks and balances between the House of Representatives and President is influenced by the constitution, the appoinment background of the figure of president, the party system and the political configuration of the House of Representatives, the membership recruitment mechanism of House of Representatives, involvement of the military in government, and restrictions on presidential term period. Checks and balances have implications on increasing the number of statute draft proposed by the House of Representatives and the House of Representatives role in the discussion of the draft into statute; increasing the role of House of Representatives in the discussion of draft state budget into the state budget; improve the House of Representatives control by using the right of interpellation and enquiry rights; and the implications on the role of the House of Representatives in appoinment the certain official in state institutions. The result also shows that in a less democratic government, state power systems tend to the executive heavy, whereas in a more democratic government it tends to legislative heavy. Framework of checks and balances requires a constitutional basic; the authority which could only be appointed with the approval of House of Representatives and the President; the appoinment of certain official with the approval of House of Representatives and the President, the authority of House of Representatives to impeach the President, the authority of House of Representatives control government policies, and the presence of the judiciary authority to decide the disputes between House of Representatives and President. The reconstruction of relationship between the House of Representatives and the President needs to consider the institutional structure of House of Representatives and President; the legal substance about the relationship between House of Representatives and the President; and the legal culture affecting the relationship between House of Representatives and President. In this regard, it is necessary to improve the arrangement of the party system; the development of the constructive opposition role of the House of Representatives, and the improvement of the quality of House of Representatives members. Keywords: Checks and balances, House of Representatives, President.