BETWEEN INDONESIA, LAW AND MPR RI

MPR Decree No. I/MPR/2003
People's Consultative Assembly Decree No. I/MPR/2003, is the People's Consultative Assembly Decree on the Review of Legal Status of Materials and MPRS and the MPR Decree of 1960 until the year 2002. Purpose of MPR is to review the matter and the legal status of each TAP TAP MPRS and the MPR, establish the existence (existence) of TAP and TAP MPR MPRS for current and future, and to provide legal certainty.
Rationale
Constitution of the Republic of Indonesia Year 1945 is the main basis in the administration of state for the life of the Unitary State of Republic of Indonesia. Changes First, Second Amendment, Third Amendment, and Fourth Changes to the Constitution of the Republic of Indonesia Year 1945 has resulted in changes in institutional structures prevailing in the country of the Republic of Indonesia.
Changes include the sovereignty vested in the people and executed according to the Constitution (Article 1, paragraph [2] 1945) and reduced the authority of the MPR which will leave the authority to amend and enact the Constitution (Article 3 paragraph [1] Constitution 1945), inaugurate the President and / or Vice President (Article 3 paragraph [2] 1945), dismiss the President and / or Vice President in his term, according to the Constitution (Article 3 paragraph [3] 1945), held a hearing to elect a Vice-President of two candidates nominated by the president if a vacancy occurs Vice President (Article 8 paragraph [2] 1945), and hold a session to elect the President and Vice President if Prediden and Vice President die, quit, fired or can not perform its obligations in the same term of office (Article 8 paragraph [3] Constitution 1945).
Changes in the institutional structure of the country resulted in changes in the status, functions, duties, and authority of state institutions and government agencies that exist. Besides these changes affect the rules that apply according to the Constitution of the Republic of Indonesia Year 1945 and resulted in the need to do a review of the matter and the legal status of the People's Consultative Assembly Decree and The People's Consultative Assembly Decree of the Republic of Indonesia. Therefore, the PCA was assigned to conduct a review of the matter and the legal status of the People's Consultative Assembly Decree and The People's Consultative Assembly Decree for the decision taken at the MPR session of 2003 (Additional Rules Article I of the 1945 Constitution). The results of a review of the matter and the legal status of the People's Consultative Assembly Decree and The People's Consultative Assembly Decree of the Republic of Indonesia has taken the decision by the People's Consultative Assembly of the Republic of Indonesia at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia Year 2003 and has been established in Jakarta on August 7, 2003 in form the People's Consultative Assembly Decree No. Against I/MPR/2003 of Materials Review and Legal Status of the People's Consultative Assembly Decree and The People's Consultative Assembly Decree of the Republic of Indonesia Year 1960 To The Year 2002.
With the stipulation of the MPR, the MPRS and the MPR which amounted to 139 grouped into 6 chapters (categories) in accordance with the material and legal status. MPR substance are:
1. Category I: TAP MPR / TAP MPR is revoked and declared invalid (Stipulation 8)
2. Category II: TAP MPR / TAP MPR which shall remain valid with the provisions of (3 Assessment)
3. Category III: TAP MPR / TAP MPR which shall remain valid until the formation of Government Election Results 2004 (8 Assessment)
4. Category IV: TAP MPR / TAP MPR which shall remain valid until the formation of the Law (Decree 11)
5. Category V: TAP MPR / TAP MPR declared valid until the establishment of the New Rules and Regulations by the Assembly Election Result 2004 (5 provisions)
6. Category VI: TAP MPR / TAP MPR expressed do not need to be further legal action, both karen
Category I
Decree of the Provisional People's Consultative Assembly and the People's Consultative Assembly Decree of the Republic of Indonesia is revoked and declared void:
1. Decree of the Provisional People's Consultative Assembly of the Republic of Indonesia Number X/MPRS/1966 the Status of All State Agencies and Local Level in the position and function of the Set in the Constitution of 1945.
2. People's Consultative Assembly Decree No. VI/MPR/1973 the Republic of Indonesia concerning the status and procedure-Employment Relations Institute of the State Supreme with / or inter Higher Institutions of State.
3. Decree of the People's Consultative Assembly of the Republic of Indonesia Number VII/MPR/1973 of state President and / or Vice President of the Republic of Indonesia absent.
4. People's Consultative Assembly Decree No. III/MPR/1978 the Republic of Indonesia concerning the status and procedure-Employment Relations Institute of the State Supreme with / or inter Higher Institutions of State.
5. Decree of the People's Consultative Assembly of the Republic of Indonesia Number III/MPR/1988 Elections.
6. Decree of the People's Consultative Assembly of the Republic of Indonesia Number of restricted XIII/MPR/1998 Term Presidan and Vice President of the Republic of Indonesia.
7. Decree of the People's Consultative Assembly of the Republic of Indonesia Number XIV/MPR/1998 of Changes and Additions on the People's Consultative Assembly Decree No. III/MPR/1988 Republic of Indonesia General Elections.
8. Decree of the People's Consultative Assembly of the Republic of Indonesia Number XVII/MPR/1998 on Human Rights. Categories
Category II
Decree of the Provisional People's Consultative Assembly and the People's Consultative Assembly Decree of the Republic of Indonesia which shall remain valid with certain provisions:
1. Decree of the Provisional People's Consultative Assembly of the Republic of Indonesia Number XXV/MPRS/1966 Dissolution of the Indonesian Communist Party, Declaration of the Organization For the entire Forbidden Territory of the Republic of Indonesia for the Indonesian Communist Party and the Prohibition of each activity to Distribute or Developing or teaching schools of the Communist / Marxist-Leninism is expressed remain valid with the provisions of the provisions of the Decree of the Provisional People's Consultative Assembly of the Republic of Indonesia No. XXV/MPRS/1966 this, the future force with justice and respect for law, principles of democracy and human rights.
2. Decree of the People's Consultative Assembly of the Republic of Indonesia Number XVI/MPR/1998 of Political Economy in the Framework of Economic Democracy, shall remain valid with the provisions of Government is obliged to promote the political alignments that better economic opportunities and support economic development, small and medium businesses, and cooperatives as an economic pillar in the generate implementation of national development in the context of economic democracy as the essence of Article 33 of the Constitution of the Republic of Indonesia Year 1945.
3. Decree of the People's Consultative Assembly of the Republic of Indonesia Number Determination V/MPR/1999 Opinion in East Timor remain in force until the implementation of the provisions in Article 5 and Article 6 Decree of the People's Consultative Assembly of the Republic of Indonesia No. V/MPR/1999.
Category III
Decree of the People's Consultative Assembly of the Republic of Indonesia syang remain valid until the formation of government election results in 2004:
1. Decree of the People's Consultative Assembly of the Republic of Indonesia No. IV/MPR/1999 Outlines of State Policy in 1999-2004.
2. Decree of the People's Consultative Assembly of the Republic of Indonesia No. IV/MPR/2000 on Implementation of Policy Recommendations on Regional Autonomy.
3. Decree of the People's Consultative Assembly of the Republic of Indonesia Number VIII/MPR/2000 Annual Report Higher Institutions of State at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia Year 2000.
4. Decree of the People's Consultative Assembly of the Republic of Indonesia Number Determination III/MPR/2001 Vice President of the Republic of Indonesia Megawati Sukarnoputri as President of the Republic of Indonesia.
5. Decree of the People's Consultative Assembly of the Republic of Indonesia Number IV / MPR / 2001 of the Appointment of Vice President of the Republic of Indonesia.
6. Decree of the People's Consultative Assembly of the Republic of Indonesia No. Implementation Report X/MPR/2001 of the People's Consultative Assembly Decision of the Republic of Indonesia by the State Supreme Agencies at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia Year 2001.
7. Decree of the People's Consultative Assembly of the Republic of Indonesia Number II/MPR/2002 of Policy Recommendations for Accelerating the National Economic Recovery.
8. Decree of the People's Consultative Assembly of the Republic of Indonesia Number VI/MPR/2002 Recommendations Implementation Report on the People's Consultative Assembly Decision of the Republic of Indonesia by the President, the Supreme Advisory Council, House of Representatives, the State Audit Board, the Supreme Court at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia Year 2002 .
Category IV
Decree of the Provisional People's Consultative Assembly and the People's Consultative Assembly Decree of the Republic of Indonesia, which remains valid until the formation of law:
1. Decree of the Provisional People's Consultative Assembly of the Republic of Indonesia No. Rapture Heroes XXIX/MPRS/1966 Ampera remain valid with respect Ampera Heroes set and until the establishment of a law on granting titles, decorations and other honors.
2. Decree of the People's Consultative Assembly of the Republic of Indonesia No. of State Officials XI/MPR/1998 about the Clean and Free of Corruption, Collusion and Nepotism until the implementation of all provisions of the Decree.
3. Decree of the People's Consultative Assembly of the Republic of Indonesia Number XV/MPR/1998 on Implementation of Regional Autonomy, Regulation, Distribution, and Utilization of National Resources of justice, and the Fiscal Balance of Central and Regional Framework for the Republic of Indonesia until the formation of the law on Regional Governance as mandated by Article 18, 18A, and 18B of the Constitution of the Republic of Indonesia Year 1945.
4. Decree of the People's Consultative Assembly of the Republic of Indonesia No. Source III/MPR/2000 Law and Order Order legislation.
5. Decree of the People's Consultative Assembly of the Republic of Indonesia Number V/MPR/2000 Stabilization of National Unity and Integrity.
6. Decree of the People's Consultative Assembly of the Republic of Indonesia Number of Partition VI/MPR/2000 Indonesian National Army and Police of the Republic of Indonesia until the formation of laws related.
7. Decree of the People's Consultative Assembly of the Republic of Indonesia Number VII/MPR/2000 on the Role of the Indonesian National Army and the Role of Police of the Republic of Indonesia until the formation of laws related to the completion of Article 5 paragraph (4) and Article 10 paragraph (2) of the Decree adjusted with the Constitution of the Republic of Indonesia Year 1945.
8. Decree of the People's Consultative Assembly of the Republic of Indonesia No. of Ethics Life VI/MPR/2001 a nation.
9. Decree of the People's Consultative Assembly of the Republic of Indonesia Number VII/MPR/2001 Future Vision Indonesia.
10. Decree of the People's Consultative Assembly of the Republic of Indonesia Number of Recommendations VIII/MPR/2001 Eradication Policy and Direction of Prevention of Corruption, Collusion and Nepotism until the implementation of all provisions of the Decree.
11. Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX/MPR/2001 of Agrarian Reform and Natural Resource Management to implement all the provisions of the Decree.
Category V
Decree of the People's Consultative Assembly of the Republic of Indonesia Rules and Regulations of the People's Consultative Assembly of the Republic of Indonesia declared still valid until the establishment of Rules and Regulations of the new People's Consultative Assembly of the Republic of Indonesia general election results in 2004:
1. Decree of the People's Consultative Assembly of the Republic of Indonesia Number II/MPR/1999 Rules and Regulations of the People's Consultative Assembly of the Republic of Indonesia.
2. Decree of the People's Consultative Assembly of the Republic of Indonesia Number I/MPR/2000 on the amendment on the First People's Consultative Assembly Decree of the Republic of Indonesia Number II/MPR/1999 Rules and Regulations of the People's Consultative Assembly of the Republic of Indonesia.
3. Decree of the People's Consultative Assembly of the Republic of Indonesia Number II/MPR/2000 about Second Amendment to the People's Consultative Assembly Decree of the Republic of Indonesia Number II/MPR/1999 Rules and Regulations of the People's Consultative Assembly of the Republic of Indonesia.
4. Decree of the People's Consultative Assembly of the Republic of Indonesia Number V/MPR/2001 of the Third Amendment on the People's Consultative Assembly Decree of the Republic of Indonesia Number II/MPR/1999 Rules and Regulations of the People's Consultative Assembly of the Republic of Indonesia.
5. Decree of the People's Consultative Assembly of the Republic of Indonesia Number V/MPR/2002 of Change Fourth Assessment on the People's Consultative Assembly of the Republic of Indonesia Number II/MPR/1999 Rules and Regulations of the People's Consultative Assembly of the Republic of Indonesia.
Duties, authority, and rights
Duties and powers of the Assembly, among others:
• Change and set (the Constitution of the Republic of Indonesia 1945), (Constitution)
• inaugurate the President and Vice President on the basis of election results
• Decide on the basis of the decision of the House proposal (Constitutional Court) to dismiss the President / Vice President in his term of office
• Vice President to be inaugurated President if the President dies, stopped, terminated, or is unable to perform his duty in his tenure
• Choosing a Vice President of the 2 candidates who submitted the President in the event of vacancy of the Vice President in his term of office
• Choosing the President and Vice President when they stopped at the same time in his tenure
Members of the Assembly have the right to submit a proposal to amend the Articles of the Constitution, determine the attitudes and choices in making decisions, the right of immunity, and the right protocol.
After the 2003 MPR session, President and vice president directly elected by the people no longer by the Assembly.


Position
Before the 1945 changes
Based on the 1945 Constitution (before the change), the Assembly is the highest state institution as the holder and fully implementing the people's sovereignty.
After the 1945 changes
1945 Changes have implications for the position, duties, and authority of the Assembly. MPR now stands a high state institution of higher equivalent to other state institutions such as the Presidential Institution, DPR, DPD, CPC, MA, and MK.
MPR is also no longer have the authority to establish the Guidelines. In addition, the Assembly is no longer issued MPR Decree (TAP MPR), except with regard to setting the vice president becomes president, chose Vice President Vice President if a vacancy occurs, or choose the President and Vice President if the President and Vice President die, quit, fired, or not be did his duty in his tenure together. Provisional MPR / MPR, which have been produced since 1960 until the year 2002.