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PROBLEMATICS ON SEPARATION OF POWERS THEORY


IMPLEMENTATION

Haposan Siallagan
Law Faculty of HKBP Nommensen University
E-mail: haposan.siallagan@yahoo.co.id

Abstract

Based on theory of powers separation as popularized by Montesquieu, state power is separated into
three main branches, namely the legislative, executive and judicial. Theoritically, the theory was
always used as a reference in various countries around the world. However, in practice, the theory of
separation of powers it is rarely implemented consistently with a variety of considerations. It becomes
its own problem regarding the implementation of the powers separation theory. To avoid problems,
the theory and practice of the separation system or division of state power must be executed
consistently.

Keywords: check and balance, state power, separation of power.

Abstrak

Berdasarkan teori pemisahan kekuasaan negara atau teori trias politika sebagaimana dipopulerkan
Montesquieu, kekuasaan negara dipisahkan dalam tiga cabang utama, yaitu legislatif, eksekutif dan
yudikatif. Secara teori, teori tersebut selalu dijadikan rujukan berbagai negara di dunia. Namun, dalam
tataran praktik, teori pemisahan kekuasaan justru sangat jarang dijalankan secara konsisten dengan
berbagai pertimbangan. Hal ini menjadi problem tersendiri terkait dengan implementasi teori
pemisahan kekuasaan. Agar tidak menimbulkan problem dan perdebatan berkepanjangan, seyogianya
berbagai negara di dunia dapat menjaga konsistensi antara teori dan praktik mengenai pemisahan atau
pembagian kekuasaan negara yang dijalankan di masing-masing negara.

Kata Kunci: checks and balance, kekuasaan negara, pemisahan kekuasaan

Introduction the State power is in a position that equal to one


The theory of powers separation appears power with other powers.
with the main idea to separate the powers of the As adduced by Janpatar Simamora1 with
State in State institutions that separate, inclu- quoting the view of Friedrich Julius Stahl said
ding by putting different people as holders and that separation of powers is one of the conditions
running each of the State power. According with for the existence of formal legal State and is one
its name, the doctrine of powers separation re- of the fundamental principles regarding the state
quires in order that State power is separated into organization.2 Based on historical records, at
three main branches of State power, that power first, the emergence of the idea or theory of se-
is shaping legislation, the power running of statu- paration of powers meant in order to prevent the
te and the powers of the judge over execution of occurrence of arbitrariness or arbitrary acts com-
laws. On the basis of separation, then the theory mitted by the King or ruler.
of separation of powers also known with the In the development of application or im-
Triassic Politika theory that in the development plementation, an understanding of the theory of
historical popularized by Montesquieu. Each of powers separation in various countries, conduct-
ed with the model and characteristics vary bet-

1
Janpatar Simamora, “Tafsir Makna Negara Hukum dalam September 2014, Purwokerto: Fakultas Hukum Universi-
Perspektif Undang-Undang Dasar Negara Republik Indone- tas Jenderal Soedirman, page. 552.
2
sia Tahun 1945”, Jurnal Dinamika Hukum, Vol. 14 No. 3, Ibid, page 553.
Problematics on Separation of Powers Theory Implementation 325

ween one country with other countries, it can The pattern of this kind of application is
even be said that the theory of powers separa- more often referred to as a form of powersha-
tion raises a wide range of understanding in va- ring, not the separation of powers. Nevertheless,
rious law constitution, such as the understanding almost all countries always refer to the powers
of the legislative powers delegation, the inde- separation theory of the State as popularized by
pendence of the judicial power, the responsibili- Montesquieu in order to regulate the State po-
ty of the Executive Body Shaperagainst the legis- wer. It's just that in the implementation of land-
lation, the right of the test material and so on. scape, the theory is not always run in pure and
This encourages the emergence of various modi- inconsistent. Each country trying to translate the
fications against the theory of separation of po- State powers separation theory in accordance
wers itself. with the level of needs of each country. Based on
Later, the separation of powers based on these conditions, may be relevant to be discuss-
the principle of Triassic politika is considered not ed related to how the actual implementation of
principle again3 and each country runs the theo- the theory of powers separation in General? and
ry of separation of State power with a different if found the presence of consistency and align-
model. For example, in the United Kingdom the- ment between theory and the powers separation
re is a concentration of power in the legislative theory implementation itself? A number of these
body in some sense superior to on the Executive being reviews are important in the following dis-
and the judicial. Therefore, the emerging dis- cussion.
agreement description Montesquieu about sepa-
ration of powers in the United Kingdom. In addi- Disscussion
tion, other notions from the theory of powers se- The History of Separation Powers Emergence
paration, especially between the legislative and Theory
Executive, is associated with a physical separa- Based on historical records of the middle
tionn between the double-sense or law of per- ages, namely between the 14th to 15th century,
sons and the nature of the separation or indepen- the powers of Government in Western Europe
dence of function. centered on the King's hand.4 In the run of these
The notion of "separated" in this context powers, the King a lot of actions that leads to
can be defined legally, keep an eye on each other arbitrary deeds. In order to prevent arbitrari-
so could run mutual supervision. In addition, the ness, then later taken from the hands of some
theory of powers separation may put on the un- powers, especially the powers relating to justice,
derstanding that the activities separation of le- where the power of Justice is handed over to the
gislative, executive and judiciary, indistinguish- judiciary. In the 17th century and in the 18th,
able in the sharp one over the other. In a number appears the concept suggested that the power to
of countries, including Indonesia, can be said to make any regulation must be taken and sepa-
define the theory of powers separation by means rated from the hand of the King. Power to make
of this term. Among one powers with the others regulations must be submitted to a State agency
do not distinguish in sharp, for a possible power that stands alone and separate from the power
run other powers. For example, although the of the King. Because of that, then makes the
Executive Branch has the primary authority in birth of the powers separation theory. The po-
carrying out the legislation, however, the Exe- wers separation theory is essentially a theory of
cutive is also possible to participate in the pro- governance that aim in order to protect freedom
cess of the laws formation where the power is and to facilitate good governance with dividing
the principal legislative authority.

3 4
Muntoha, “Demokrasi dan Negara Hukum”, Jurnal Hu- Khumaidi, “Pemisahan dan Pembagian Kekuasaan dalam
kum, Vol. 16 No. 3, Juli 2009, Yogyakarta: FH Universitas Konstitusi Perspektif Desentralisasi,” Jurnal Kebangsaan,
Islam Indonesia, page 386 Vol. 6 No. 1, September 2012, Pasuruan: Universitas Yu-
dharta, page 16.
326 Jurnal Dinamika Hukum
Vol. 15 No. 3, September 2015

or separating the specialization of State power.5 ces, in which none of the branches of Govern-
The development of the powers separation con- ment may be cutting off itself from the other
cept, if analyzed theoretically, began to be de- branches of Government control. Based on this
veloped in line with the opinions expressed by system, no one branch of Government has the
John Locke. According to John Locke, the power dictatorial power or it can seize the power of the
in the country is divided into three parts: first, other branches. In terms of powers separation
the power to form laws (legislative); second, the with checks and balances system, in summary it
authority carrying out the Act (executives); and can be concluded that there is no power which is
third, the powers.6 absolutely apart from other powers. The issue is
Follow up on what was expressed by John whether this applies also to the power of Justice?
Locke, an expert in France law named Montes- This is still an ongoing controvertion until now.
quieu put forward his views on State power. Mon-
tesquieu points out that State power can be The Interconnectedness of The Powers Sepa-
divided in three major powers should be sepa- ration Theory with Checks and Balances Prin-
rated, that are: first, the legislative power, that ciple
power in shaping laws; second, the Executive po- During this time, although it is no longer a
wer, that power in an exercise or enforce the le- fixed, the United States has been always con-
gislation; and third, the judicial power, that po- sidered a country that consistently run theory of
wer in the exercise of judicial power or often al- Triassic politika.9 Hans Kelsen describes this situ-
so referred to as judicial power.7 Thought this ation by declaring that the principle was the ba-
was later known as the powers separation theory sis for the Triassic politika United States Cons-
or Triassic politika theory. titution and is considered a staple element of de-
In principle, it can be said that the sepa- mocracy. This principle is formulated by the Sup-
ration of powers meant to prevent arbitrariness reme Court, that is all powers that mandated,
and ensure the creation of an independent ju- either to the Government or to the Government
dicial authority and free from the influence of of the State, divided into three parts, namely the
other powers. It later became one of the coun- Executive, legislative and judicial powers or of
try's law.8 However, it should be affirmed that Justice. Tasks that are appropriate for each
the theories of Montesquieu didn’t intend for the branch of Government is provided separately to
separation of government institutions without some State organizers.
control over the actions of one against the other. A staple for success of this system imple-
On the basis of that, then it appears the theory mentation is the body which has been given po-
or principle of checks and balances, so that it can wer may not disrupt or interfere with the powers
be said that the theory of checks and balances is that have been given to other agencies. Each res-
a part or a complement of the theory of separa- tricted to carry out what became of his power.
tion of powers. United States attempt to order,as set forth in its
The designers of United States constitution Constitution, establishing the President as a body
for example, implement the freedom of the judi- which organizes the Executive power; legislative
ciary by setting the system of checks and balan- power is vested in the Congress, which consists

5
Agus Wahyudi, “Doktrin Pemisahan Kekuasaan: Akar Fil- 1, Maret 2013, Jakarta: Direktorat Jenderal Peraturan
safat dan Praktek”, Jurnal Jentera Hukum, Vol. 8 No. 3 Perundang-undangan Kementerian Hukum dan HAM RI,
Maret 2005, Jakarta: PSHK, page 1. page 11.
6 8
Emmelia Tricia Herliana, “Penerapan Konsep Trias Politi- Hadi Supriyanto, “Pemisahan Fungsi Kekuasaan Eksekutif
ca pada Morfologi dan Tipologi Kota Washington DC dan dan Yudikatif,” Jurnal Legislasi Indonesia, Vol. 1 No. 1
Canberra”, Jurnal Arsitektur Komposisi, Vol. 10 No. 4, Juli 2004, Jakarta: Direktorat Jenderal Peraturan Perun-
Oktober 2013, Yogyakarta: FT Universitas Atma Jaya, dang-undangan Kementerian Hukum dan HAM RI, page 1.
9
page 269. Hananto Widodo, “Politik Hukum Hak Interpelasi Dewan
7
Wahyu Wiriadinata, “Kedudukan dan Independensi Kejak- Perwakilan Rakyat Republik Indonesia”, Jurnal Rechts-
saan dalam Undang-Undang Dasar Negara Republik Indo- vinding, Vol. 1 No. 3, Desember 2012, Jakarta: BPHN,
nesia Tahun 1945”, Jurnal Legislasi Indonesia, Vol. 10 No. page 420.
Problematics on Separation of Powers Theory Implementation 327

of representatives House and the Senate; and the tesquieu is absolutely not allowed. As a conse-
judiciary power is exercised by the Supreme quence of the separation occurrence between
Court. As for the President who held the position the branches of power are fragmentary, it needs
for four years can not be brought down by to be rooted in the principle of checks and balan-
Congress, instead, Congress can’t be dissolved by ces so that the relationship between one institu-
the President. The President or Ministers may not tion with other institutions can mutually offset in
concurrently be a member of Congress. As for the equity and equality as well as to avoid the con-
Supreme Court, has the position of which is free centration of power in one institution. 11 This is
and the judges appointed to lifetime tenure for where the look of how the connectedness bet-
being of good character. ween the theory of separation of powers or trias
Although the powers that have been allo- politika with the principle of checks and balan-
cated to some of United States Government sys- ces.
tem institutions, but in fact also apply what is In the context of Indonesia, in particular in
called checks and balances (supervision and equ- the Constitution of 1945 after the change, the
alization), for example through the authority of checks and balances principle application can be
judicial review by the judiciary. The President seen in some of the following: first, the supervi-
was authorized to veto a bill that has been ac- sory functions of the parliament are seen in
cepted. A presidential veto can be canceled if in terms offiling a proposal to parliament to dismiss
both the Senate and Assembly House that is the- the President with reason, with the first get legal
re are 2/3 of the votes were against the veto. consideration of the Constitutional Court. In ad-
The Supreme Court can do a "check" again- dition, the function of supervision is the next in
st the ruling of the legislature and Executive the form of House approval if the President dec-
through judicial review. The judicial review idea lares war, make peace and treaties with other
emergence was intended to obey the existing countries. Other forms of supervision is in the
laws and regulations against the legal norms con- form of consideration when the President will ap-
tained in the regulations in order, in particular, point an Ambassador, received the Ambassador
its top level in accordance with the constitu- of another country, placement and gave amnesty
tion.10 Members of the Supreme Court who was and abolition. Secondly, the control function is
appointed to the post of a lifetime can be dis- owned by the president of representatives house
missed by Congress, if it turns out to have been was against the president were given the right to
doing criminal acts. The President can incur im- submit the bill, the president was given the
pechment by Congress. In the appointment of the rights to authorize or not authorize a bill that had
President authority post, such as becoming Chief already been discussed along with representati-
Justice, Ambassador, or Ministers who are consi- ves, legal rights for a while in a state of crunch
dered occupied an important position, the Se- that forced government regulations specify a
nate could intervene. substitute bill that should shapethe legislation.
The practice of the United States's at- Thirdly, in the field of the judiciary the President
tempt to demonstrate how difficult the theory of given the right with consideration of the Supre-
Triassic politika with separation of powers, this me Court (MA) to assign the granting of pardons,
thesis was actualized in reality condition. Trans- abolition and Amnesty, the President also has the
mission of one branch with more difficult were authority to assign a Chief Justice and three jud-
shunned, even one of the branches of power has ges set the Constitution at the Constitutional
several functions according to the ideas of Mon- Court (MK). The fourth, members of the house of

10 11
Janpatar Simamora, “Analisis Yuridis Terhadap Model Ke- Hezky Fernando Pitoy, “Mekanisme Checks and Balances
wenangan Judicial Review di Indonesia”, Jurnal Mimbar antara Presiden dan DPR dalam Sistem Pemerintahan
Hukum, Vol. 25 No. 3, Oktober 2013, Yogyakarta: Fakul- Presidensial di Indonesia”, Jurnal Lex et Societatis, Vol.
tas Hukum Universitas Gadjah Mada, page 389. II No. 5, Juni 2014, Manado: FH Universitas Sam Ratu-
langi, page 31.
328 Jurnal Dinamika Hukum
Vol. 15 No. 3, September 2015

representatives gave approval against the pros- The framers Constitution unanimously ag-
pective Chief Justice's proposed Judicial Com- reed that the Constitution made for an indepen-
mission (KY) and set the three judges on the dent Indonesia is not based upon the theory of
constitutional court. Fifth, the associated Power trias politica or powers separation theory. This
of Justice. The powers of the Judiciary, both in can be seen clearly, one of them from a state-
terms of substance as well as this Administration ment which stated that basic Soepomo and the
has been establilished and is independent. MA form of the order of a country is closely connect-
was given the authority to conduct a judicial re- ed with the historyof legal and social institutions
view against the laws and regulations under the of the country. If examined further, before the
act against the act. As for the Constitutional change of Constitution, the terms relating to the
Court authorized to test act constituting the le- theory of separation of powers can be found in
gislative joint products in this DPR and the Presi- the Constitution, that is legislative power and
dent against the Constitution. Related to the au- executive power. The terms listed in the expla-
thority of the court in testing the act against the nation when describing the position of the Presi-
constitution, along with the inclusion of the back dent of the Republic of Indonesia. Meanwhile,
TAP MPR as one type of legislation with the posi- the term "judicial power" not found. However the
tion a notch below the constitution and a notch equivalent word with the term can be found in
above the law, according to Janpatar Simamo- article 24 Constitution 1945, namely the powers
ra,12 that provision confirms that indeed it is not of the judiciary. Constitution set six State agen-
possible to mention the birth of a legislation deg- cies, each of which has the power granted by the
ree their hierarchy is a notch below the constitu- Constitution. One agency is designated as the
tion and a notch above the law. highest State institution, namely MPR and the
five so called high State institutions, namely the
Problematics on Separation of Powers Theory DPR, President, MA, DPA, and BPK.
Implementation The provisions of article 1 paragraph (2) of
Despite so many countries that recognizes the Constitution states that sovereignty is in the
the efficacy of powers separation theory in the hands of the people and carried out entirely by
lay State power in their respective countries, but the MPR. The MPR has the power to set Consti-
the reality shows that it is not always in line with tution and the outlines of the bow country, and
what is practiced in many different countries of changing the Constitution. This is a power to the
the world. Even later, many circles which assume MPR to create conditions which are legislative.
that indeed the powers separation theory is no Other powers was vote for President and Vice
longer relevant in the modern State. Neverthe- President. In relation to the powers of legisla-
less, the powers separation theory thus always tive, article 5 paragraph (1) of the Constitution
made reference in discussing about the State po- stipulates, the President holds the power to form
wer. That is, there is a difference in terms of the Act with the approval of the DPR. In the Cons-
theory and practice in respect of the powers se- titution 1945, the powers of the formation of the
paration theory existence. In landscape theory, Act is on the President and the power should be
the powers separation theory has always been exercised with the consent of the Parliement.
the citation Foundation, even often used as refe- Related with the powers of Judiciary, in
rence material in a variety of scientific studies. accordance with Article 24 paragraph (1), perfor-
But in practice, the theory of Triassic politika med by MA and other judicial body according to
thus often abandoned and not even run con- law. MA in further development, have power
sistently. test, which is in the knowledge of the law of at-
tempt is called judicial review. MA has the right

12
Janpatar Simamora, “Problem Yuridis Keberadaan TAP Legislasi Indonesia, Vol. 10 No. 3, September 2013, Ja-
MPR dalam Hierarki Peraturan Perundang-undangan Me- karta: Direktorat Jenderal Peraturan Perundang-undang-
nurut Undang-Undang Nomor 12 Tahun 2011”, Jurnal an Kementerian Hukum dan HAM RI, page 227.
Problematics on Separation of Powers Theory Implementation 329

to test the material against the regulations of the wer may not run without the existence of a link
Act. Furthermore, DPA is regulated in article 16 between one branch of power with other branch-
paragraph (2), the article set, this Council is obli- es of power. Because of the loss of the idea of
ged to give answer to the question the President Triassic politika nowadays, there is an attempt
and has the right to advance the proposal to the touse the new terminology that is approaching
Government. Meanwhile, article 23 paragraph the fact about the third branch of power.
(5) establishes the existence of the Agency Fi- There are more inclined to use the term '
nancial Inspectors who job examining the finan- rule-making function to replace the term legisla-
cial responsibility of the State. The results of tive functions in an effort to avoid the sense as
examination of the bodies notified to Parlia- if legislation that was justcreated by the legisla-
ment. ture. In addition, the term also frequently asked
The powers of Republic of Indonesia Presi- questions is the term rule application function
dent regulated in chapter III with the title Go- replaces the term function of the Executive po-
vernment Negar, that is Article 4 paragraph (1), wer and the term rule adjudication function as
5, 10-15, and article 22 paragraph (1). Article 4 another term of the powers of the judiciary or
paragraph (1), President of the Republic Indone- judicial.13
sia holds the power of Government according to As for the present theory is meant to ans-
the basic law. Stated in the explanation that the wer the weaknesses or deficiencies contained in
President is the head of the Executive power in powers separation theory is a theory of power Di-
the Country. vision. Based on power Division theory, the po-
The provisions of article 14 establishes wer of a country are not separated, but ultimate-
that the President give clemency, Amnesty, abo- ly made existence of linkages possible or relati-
lition, and rehabilitation. The position of Presi- onships between one branch of power with other
dent, in addition to as head of State, as well as branches of power. Good powers of Executive,
head of Government. If it is associated with ar- legislative and judiciary it is possible to have re-
ticle 4 paragraph (1) of the Constitution, then it lationships in running each of those powers.
can be said, the head of State holds the power of Surely the relationship is not addressed in order
Government according to the basic law. In other to intervene between the branches of State po-
words, according to the Constitution,the head of wer, but in order to create the execution of State
State of RI is host of the Government. power that is effective and efficient.
The explanation above shows that Indone-
sia's attempt in the system, the branches of that Closing
power is not concentrated on one hand, but car- Conclusion
ried out by different agencies. The existence of Although the existence of powers separa-
a body that in addition to exercise power typi- tion theory or trias politika always made referen-
cally also carry out other powers and the tangle ce to fundamental in discussing about the power
branches power relations existence between the- of the State, but in general, implementation of
se entities gives the sense that the theory of the powers separation theory in a number of
Triassic politika not applied absolutely. countries In recent times tends to be more modi-
Essentially, the powers separation theory fied according to the needs of each country. In
is seen irrelevant to be applied as a whole. The addition, not found the presence of consistency
development needs of the country's attempt to and alignment between theory and implementa-
have created the function of State power cannot tion of powers separation theory itself, because
run independently by different institutions. The the theory in question no longer run in pure and
relationship between the branches of State po- inconsistent, even later, more inclined to apply

13
Syofyan Hadi, “Fungsi Legislasi dalam Sistem Pemerintah- Serikat”, Jurnal Ilmu Hukum, Vol. 9 No. 18, Pebruari
an Presidensil (Studi Perbandingan Indonesia dan Amerika 2013, Surabaya: Universitas 17 Agustus, page. 78.
330 Jurnal Dinamika Hukum
Vol. 15 No. 3, September 2015

the Division theory power in an effort to answer 5 Juni 2014. Manado: FH Universitas Sam
the weaknesses of powers separation theory. Ratulangi;
Simamora, Janpatar. “Analisis Yuridis Terhadap
Suggestion Model Kewenangan Judicial Review di
Indonesia”. Jurnal Mimbar Hukum. Vol. 25
Need better alignment between theory
No. 3 Oktober 2013. Yogyakarta: Fakultas
and practice associated with the State powers Hukum Universitas Gadjah Mada;
separation theory for the sake of national con-
-------. “Problem Yuridis Keberadaan TAP MPR
sistency. The State powers separation theory, dalam Hierarki Peraturan Perundang-un-
when it is no longer implemented consistently dangan Menurut Undang-Undang Nomor 12
with a variety of considerations, such as by using Tahun 2011.” Jurnal Legislasi Indonesia.
the theory of power Division, then need for ho- Vol. 10 No. 3 September 2013. Jakarta:
Direktorat Jenderal Peraturan Perundang-
nesty attitude not to always refer to the powers
undangan Kementerian Hukum dan HAM
separation theory in the theoretical studies for RI;
the creation of consistency between theory and
Simamora, Janpatar. “Tafsir Makna Negara Hu-
practice. kum dalam Perspektif Undang-Undang Da-
sar Negara Republik Indinesia Tahun
1945”. Jurnal Dinamika Hukum. Vol. 14
References
No. 3 September 2014. Purwokerto: Fakul-
Hadi, Syofyan. “Fungsi Legislasi dalam Sistem Pe- tas Hukum Universitas Jenderal Soedir-
merintahan Presidensil (Studi Perbanding- man;
an Indonesia dan Amerika Serikat”. Jurnal
Supriyanto, Hadi. “Pemisahan Fungsi Kekuasaan
Ilmu Hukum. Vol. 9 No. 18 Pebruari 2013.
Eksekutif dan Yudikatif.” Jurnal Legislasi
Surabaya: Universitas 17 Agustus;
Indonesia. Vol. 1 No. 1 Juli 2004. Jakarta:
Herliana, Emmelia Tricia. “Penerapan Konsep Direktorat Jenderal Peraturan Perundang-
Trias Politica pada Morfologi dan Tipologi undangan Kementerian Hukum dan HAM
Kota Washington DC dan Canberra”. Jurnal RI;
Arsitektur Komposisi. Vol. 10 No. 4 Okto-
Wahyudi, Agus. “Doktrin Pemisahan Kekuasaan:
ber 2013. Yogyakarta: FT Universitas Atma
Akar Filsafat dan Praktek”. Jurnal Jentera
Jaya;
Hukum. Vol. 8 No. 3 Maret 2005. Jakarta:
Khumaidi, “Pemisahan dan Pembagian Kekuasa- PSHK;
an dalam Konstitusi Perspektif Desentra-
Widodo, Hananto. “Politik Hukum Hak Interpelasi
lisasi.” Jurnal Kebangsaan. Vol. 6 No. 1
Dewan Perwakilan Rakyat Republik Indo-
September 2012. Pasuruan: Universitas
nesia”. Jurnal Rechtsvinding. Vol. 1 No. 3
Yudharta;
Desember 2012. Jakarta: BPHN;
Muntoha, “Demokrasi dan Negara Hukum”. Ju-
Wiriadinata, Wahyu. “Kedudukan dan Indepen-
rnal Hukum. Vol. 16 No. 3 Juli 2009.
densi Kejaksaan dalam Undang-Undang Da-
Yogyakarta: FH Universitas Islam Indone-
sar Negara Republik Indonesia Tahun
sia;
1945”. Jurnal Legislasi Indonesia. Vol. 10
Pitoy, Hezky Fernando. “Mekanisme Checks and No. 1 Maret 2013. Jakarta: Direktorat Jen-
Balances Antara Presiden dan DPR dalam deral Peraturan Perundang-undangan Ke-
Sistem Pemerintahan Presidensial di Indo- menterian Hukum dan HAM RI.
nesia”. Jurnal Lex et Societatis. Vol. II No.

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