Selasa, 23 Oktober 2012

Presidential System


A. Understanding Presidential System

Presidential system of government or collectively, the congressional system is a system of government where the executive and the legislature has an independent position. The two institutions are not directly connected as in the parliamentary system of government. They are separately elected by the people. Presidential system does not recognize the supremacy of the supreme holder of the institution. The sovereignty of the state is separated (separation of power) into three branches of power, namely legislative, executive, and judiciary, ideally formulated as "Trias Politica" by Montesquieu. President and vice president elected directly by the people for the duration of work determined the constitution. Concentration of power is in the president as head of state and head of government. In a presidential system the president is the assistant ministers appointed and responsible to the president.

a republican system of government in which the executive power and separately elected by popular vote to the legislative power.
According to Rod Hague, the presidential administration consists of two elements, namely:
• President are elected by the people to lead the government and appoint government officials concerned.
• President of the council of representatives has a fixed tenure, are not interchangeable drop ..
In a presidential system, the president has a relatively strong position and can not be dropped because of low opinion such as low political support. But there is still no mechanism to control the president. If the president violated the constitution, treason, and involved criminal matters, the president could be imposed. When he was dismissed for certain offenses, usually a vice president would take his place.
This model was adopted by the United States, Indonesia, and most Latin American countries

Form MPR-representation as a consultative assembly in accordance with the pattern seen over family life of Indonesia and guaranteeing the implementation of political and economic democracy, social justice, and as a hallmark of democracy in Indonesia. In the structure of state government, the Assembly serves as supreme power and the highest state officials. Parliament is part of the Assembly as a legislative function. President of the Assembly duty as supreme executive power, as the mandatory MPR.

As the embodiment of the people and is the holder of the supremacy of sovereignty, the Assembly is the highest state administrators, "holder" of the executive and legislative powers. Parliament is part of the Assembly exercises legislative power, while the president is in charge of running the mandatory executive power. Together, the House and the president formulate legislation. Parliament and the president can not bring down each other as in the parliamentary and presidential systems.

Presidential system is considered capable of creating governments ° Based kinship with high stability and effectiveness. So that lawmakers can be more independent in making the law because it is not concerned with the rise and fall of the government. Presidential system has the advantage of stability of government, greater democracy and a more limited government. As for shortcomings, stagnation (deadlock) executive-legislative, temporal rigidity, and governance more exclusive.

Constitutionally, Parliament has a role to play in preparing the state budget, control the government, make laws and other roles such as the determination of officials and ambassadors. The President no longer accountable to the board because he was elected directly by the people.
Constitutional Court clearly has established a presidential system of government. Presidential government relies on individuality. Last presidential system of government in which citizenship can face the arbitrariness of power and the ability of the House to portray themselves formulate the rules and ensure appointments presidential run.
Presidential government does need real support from the people who will deliver the presidential mandate. However, people can not simply handed over its mandate without knowing what to do with the presidential candidates.

B. The characteristics of the presidential administration
• Headed by a president as head of government and head of state.

• The executive power appointed by democratic presidents elected directly by the people and their representatives or through the agency of the people.

• The President has the prerogative (privilege) to appoint and dismiss ministers who lead departments and non-departmental.
• Ministers responsible to the executive power (not to the legislative power).
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• Cabinet (Council of Ministers) is formed by the president. Cabinet responsible to the president and is responsible to the parliament or legislature.
• The President is not accountable to parliament. That's because the president is not elected by the parliament.
• The President can not dissolve parliament as in the parliamentary system.
• Parliament has legislative power and as a representative institution. MPs elected by the people.
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C. Pros and Cons Presidential Government System
Presidential Government System Advantages:
• The executive branch is more stable position because it does not depend on the parliament.
• The term of the executive branch more clearly to a specific period. For example, the term of office of President of the United States is four years, the President of the Philippines is six years and the president of Indonesia is five years.
• Drafting cabinet work program easily adjusted with a period of his tenure.
• Legislature is not the place for succession planning for executive positions can be filled by outsiders, including members of parliament itself.
• The executive branch is more stable position because it does not depend on the parliament.
• The term of the executive branch more clearly to a specific period. For example, the term of office of President of the United States is four years, the President of Indonesia is five years.
• Drafting cabinet work program easily adjusted with a period of his tenure.
• Legislature is not the place for succession planning for executive positions can be filled by outsiders, including members of parliament itself.

D. Lack Presidential Government System:

• The executive power beyond the direct control of the legislature so as to create absolute power.
• The system of accountability is less clear.
• Decision-making or public policy is generally the result of the bargaining between the executive and the legislature so it can happen no firm decision and take a long time.
• Because the president is not accountable to the legislature, then the system of accountability becomes unclear
• Can create an absolute power because the executive power is outside the direct control of the legislature.

E. Task president as head of state and government

F. Duties of President as Head of State:
The head of state is the head of state and as the official symbol of Indonesia in the world that has the following tasks:
1. Establish and file members of the judge konstintusi.
2. Mangangkat ambassadors and consuls to other countries with consideration of the House.
3. Receive ambassadors from other countries with the consideration of Parliament.
4. Gives Clemency and Rehabilitation with the consideration of the MA / Supreme Court.
5. Gives Amnesty and Abolition Rehabilitation with the consideration of the House.
6. Holds the highest authority of the AU / Air Force, Army / Army and Navy / Navy.
7. Declared a state of danger the terms of which are set by law.
8. Declare war with another country, peace with other countries and agreements with other countries with the approval of Parliament.
9. Make an agreement concerning the lives of many people, affecting the financial burden of state and or require a change / formation Act to the approval of Parliament.
10. Giving titles, decorations, honors and so are regulated by the Law
11. Establish Justice candidates proposed by the Judicial Commission / Judicial Commission with the approval of Parliament.
12. Inaugurating the State Audit Board members are selected on the basis of Council House.
13. Establish a consultative council which has the task of giving advice and judgment for the President regulated by law.

G. Duties of President As Head of Government:
As head of government, the President is assisted by ministers in the cabinet, holds executive power to carry out the tasks of daily administration. Task president as head of government is as follows:
1. Run the government with the help of the minister and his staff
2. Establish regulations
3. Submit a draft law

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