Indonesia A) System of Central and Local Governance: Assignment Format Five
Indonesia A) System of Central and Local Governance: Assignment Format Five
ANSWER SHEET
Name : Nurlaila
NPM : 1910111534
Class : 2ECAM
DAY/DATE : Wednesday, 01 April 2020
1.
Indonesia
The number of first-order political subdivisions has changed since the end of the
20th century. East Timor (declared a province in 1976) gained its independence in 1999.
In addition, largely as a result of the push to decentralize in the early 21st century,
several new provinces were created out of the existing structure. The province
of Banten (2000) was formed from the western tip of West Java. West Papua (Papua
Barat; 2006) was created from the western end of Papua. North
Kalimantan (Kalimantan Utara; 2012) was split off from East Kalimantan. New
provinces in Celebes included Gorontalo (2000; government installed in 2001) on the
northern peninsula and West Sulawesi (Sulawesi Barat; 2004) in the island’s west-
central coastal region. The Riau Islands (Kepulauan Riau; 2002; government installed in
2004) and Bangka Belitung (2000; government installed in 2001) were created from
islands off Sumatra’s eastern shore.
c) Legislative agencies
The MPR is the legislative branch of Indonesia's political system. The MPR is
composed of two houses: the DPR, which is commonly called the People's
Representative Council, and the DPD, which is called the Regional Representative
Council. The DPR parliamentarians are elected through multi-member electoral
districts, whereas 4 DPD parliamentarians are elected in each of Indonesia's 33
provinces. The DPR holds most of the legislative power because it has the sole power to
pass laws. The DPD acts as a supplementary body to the DPR; it can propose bills, offer
its opinion and participate in discussions, but it has no legal power. The MPR itself has
power outside of those given to the individual houses. It can amend the constitution,
inaugurate the president and conduct impeachment procedures. When the MPR acts in
this function, it does so by simply combining the members of the two houses.
d) Executive institutions
The president and vice-president are selected by vote of the citizens for five-year
terms. Prior to 2004, they were chosen by People's Consultative Assembly. The last
election was held 9 July 2014. The President of Indonesia is directly elected for a
maximum of two five-year terms, and is the head of state, commander-in-chief of the
armed forces and responsible for domestic governance and policy-making and foreign
affairs. The president appoints a cabinet, members of which do not have to be elected
members of the legislature.
e) The judiciary
f) Commission Board
The commission's task in forming laws is to prepare, prepare, discuss, and refine the
draft law.
Holding preliminary discussions on the preparation of the draft state revenue and
expenditure budget which is included in the scope of its duties together with the
Government.
Hold discussions and propose improvements to the draft state revenue and
expenditure budget that is included in the scope of its duties together with the
Government.
Discuss and determine budget allocations for functions, and programs of
ministries / institutions that are partners of the commission.
Holding a discussion of the state financial statements and the implementation of
the State Budget including the results of BPK audits relating to the scope of its
duties.
Submit the results of preliminary talks and the results of the discussion to the
Budget Board for synchronization.
Discuss and determine the budget allocation for functions, and programs,
ministries / institutions that become commission partners based on the
synchronization of the ministry / agency's budget allocation by the Budget
Agency.
Submit back to the Budget Agency the results of the discussion of the
commission for the final material for the determination of the APBN, and
discuss and determine the annual and multi-year budget allocations per program
that are partners of the commission concerned
The Commission determines the follow up of the results of the commission's tasks.
Decisions and / or conclusions of the results of a commission work meeting or joint
commission working meeting are binding between the DPR and the Government. The
Commission makes a performance report at the end of the DPR's membership period,
both those that have not yet been resolved and can be used as material by the
commission in the next membership period. The Commission drafted a budget for the
implementation of its duties in accordance with the needs which were then submitted to
the Household Affairs Agency.
The Commission is the main work unit in the DPR. Almost all activities related to DPR
functions, the substance is carried out in the commission. Every member of the DPR
(except the leader) must be a member of one commission. In general, filling the
commission's membership is closely related to the scientific background or members'
mastery of the problems and main substance that the commission is involved in.
United Kingdom
Local : Each part of the United Kingdom has a distinct system of local government.
(For a full account of local government in each part of the United Kingdom, see the
discussions of local government in the articles on England, Wales, Scotland,
and Northern Ireland.) Local governments have very few legislative powers and must
act within the framework of laws passed by the central Parliament (and by the Scottish
Parliament in Scotland). Nevertheless, they do have the power to enact regulations and
to levy council taxes (property taxes) within limits set by the central government. They
are funded by the council taxes that they levy, by business rates (taxes levied on
nonresidential properties, such as stores, offices, factories, and warehouses), by fees for
services, and by grants from the central government. Local governments in the United
Kingdom are responsible for a range of community services, including environmental
matters, education, highways and traffic, social services, firefighting, sanitation,
planning, housing, parks and recreation, and elections.
Local government in England operates under either a one tier system - unitary
authorities, or a two tier system - county and district councils. There are five types of
local authority in England: county councils, district councils, unitary authorities,
metropolitan districts and London boroughs.
c) Legislative agencies
d) Executive institutions
The executive branch is made up of the government machine itself, starting with the
prime minister and his office and down to the local branches of government such as city
majors. They are the ones responsible for implementing the Bills produced by the
Parliament. Their actions are mainly limited by the judiciary and publicity.
e) The judiciary
Judiciary is the last branch of power in the UK and it is made up of the court system
with the Supreme Court on top. Its members have a great power because they are the
ones who decide what the law actually implies in any given case. The power of judges
in the UK is even higher because UK does not have a written constitution and therefore
there is no supreme set of laws collected in one place to be available for the citizens.
Due to this enormous power judiciary has a large amount of checks and balances.
Firstly, the court system intself allows any case to be considered by a more supreme
court every time if the court decision was considered unfair. Secondly, judges are
appointed and approved by the experts outside judiciary, who are theoretically unlikely
to be prejudiced during the appointment process.
f) Commission Board
Council of the United State Commission
The Council of Nobles (English: House of Lords) is the designation for the upper house
of the United Kingdom Parliament of the United Kingdom. The British Monarchy
together with the upper house and the lower house (the People's Council of Great
Britain) formed the United Kingdom Parliament. At present, the number of House of
Lords (800) seats exceeds the number of House of Commons (650) seats.
The official name for the House of Lords is' 'The Right Honorable Spiritual and
Temporal Lords of the United Kingdom of Great Britain and Northern Ireland in
Parliament assembled' convene). The formal title for members of the House of Lords is
"The Noblest Noble ... of ..." (The Right Honorable the Lord ... of ...). Nobles who are
members of the Privy Council's advisory body are entitled to add the title "PC" written
after the full name. All Privy Council members are also entitled to the title of The Right
Honorable.
United States
Central : The United States is a federal system of government in which power is shared
between the central (sometimes referred to as national or federal) government and state
governments. In the U.S., power is given to the central government, located in
Washington, D.C., by the United States Constitution. The Constitution of the United
States divides the federal government into three branches to ensure a central
government in which no individual or group gains too much control:
Local : Mayor
c) Legislative agencies
The legislative Branch enacts legislation, confirms or rejects Presidential appointments,
and has the authority to declare war. This branch includes Congress (the Senate and
House of Representatives) and several agencies that provide support services to
Congress. American citizens have the right to vote for Senators and Representatives
through free, confidential ballots.
Senate – There are two elected Senators per state, totaling 100 Senators. A
Senate term is six years and there is no limit to the number of terms an
individual can serve.
House of Representatives – There are 435 elected Representatives, which are
divided among the 50 states in proportion to their total population. There are
additional non-voting delegates who represent the District of Columbia and the
territories. A Representative serves a two-year term, and there is no limit to the
number of terms an individual can serve.
d) Executive institutions
The executive branch carries out and enforces laws. It includes the President, Vice
President, the Cabinet, executive departments, independent agencies, and other boards,
commissions, and committees. American citizens have the right to vote for the President
and Vice President through free, confidential ballots.
President – The President leads the country. He/she is the head of state, leader of
the federal government, and Commander in Chief of the United States Armed
Forces. The President serves a four-year term and can be elected no more than
two times.
Vice President – The Vice President supports the President. If the President is
unable to serve, the Vice President becomes President. The Vice President can
be elected and serve an unlimited number of four-year terms as Vice President,
even under a different president.
The Cabinet – Cabinet members serve as advisors to the President. They include
the Vice President and the heads of executive departments. Cabinet members are
nominated by the President and must be approved by the Senate (with at least 51
votes).
The judicial branch interprets the meaning of laws, applies laws to individual cases, and
decides if laws violate the Constitution. It's comprised of the Supreme Court and other
federal courts.
Supreme Court – The Supreme Court is the highest court in the United States.
The Justices of the Supreme Court are nominated by the President and must be
approved by the Senate.
The court is comprised of nine members — a Chief Justice and eight Associate
Justices. Currently, there is one Associate Justice vacancy. A minimum or
quorum of six justices is required to decide a case. If there is an even number of
Justices and a case results in a tie, the lower court's decision stands. There is no
fixed term for Justices. They serve until their death, retirement, or removal in
exceptional circumstances.
Other federal courts – The Constitution grants Congress the authority to
establish other federal courts.
e) The judiciary
County Governments
Town or Township Governments
Municipal Governments
Special-Purpose Local Governments
f) Commission Board
The concept of a two-chamber congress stems from the desire of the Founding Fathers
of the United States to create a "people's council" which as much as possible resembles
and follows public opinion, compared to the Senate which is more colored by debate,
which is more educated and careful who are not so influenced by encouragement of
mass sentiment. Generally this Council is called the "lower house", and the Senate as
"upper house", although the US Constitution does not use such terms. The constitution
requires that the agreement of the two councils be needed for a bill to be approved.
India
Central : India is a federal republic with three spheres of government: central (union),
state and local. The 73rd and 74th constitutional amendments give recognition and
protection to local government and in addition each state has its own local government
legislation. Since 1993, local government in India takes place in two very distinct
forms. Urban localities, covered in the 74th amendment to the Constitution,have Nagar
Palika but derive their powers from the individual state governments, while the powers
of rural localities have been formalized under the panchayati raj system, under the 73rd
amendment to the Constitution. For the history of traditional local government in India
and South Asia, see panchayati raj .As of summer 2017, there are a total of 267,428
local government bodies of which 262,771 are rural and 4,657 urban. Of the rural local
governments, 632 are zilaparishad at the district level, 6,672 are panchayat samaiti at
the block level, and 255,466 are gram panchayat at the village level. Following the 2013
Local election 37.1% of councillors were women, and in 2015/16 local government
expenditure was 16.3% of total government expenditure.
In India, the government of the country is officially known as the Union Government. It
is also known as the Central Government. It was established by the Constitution of India
in 1950. The Central Government is the governing authority of the country’s 29 states
and 7 union territories, which is collectively referred to as the Republic of India. The
Central Government of India is located in New Delhi, the capital of the country.
Local : India is a federal republic with three spheres of government: central (union),
state and local. The 73rd and 74th constitutional amendments give recognition and
protection to local government and in addition each state has its own local government
legislation. Since 1993, local government in India takes place in two very distinct
forms. Urban localities, covered in the 74th amendment to the Constitution,have Nagar
Palika but derive their powers from the individual state governments, while the powers
of rural localities have been formalized under the panchayati raj system, under the 73rd
amendment to the Constitution. For the history of traditional local government in India
and South Asia, see panchayati raj .As of summer 2017, there are a total of 267,428
local government bodies of which 262,771 are rural and 4,657 urban. Of the rural local
governments, 632 are zilaparishad at the district level, 6,672 are panchayat samaiti at
the block level, and 255,466 are gram panchayat at the village level. Following the 2013
Local election 37.1% of councillors were women, and in 2015/16 local government
expenditure was 16.3% of total government expenditure.
The panchayati raj system is a three-tier system with elected bodies at the
village, taluk and district levels. The modern system is based in part on traditional
panchayat governance , in part on the vision of Mahatma Gandhi and in part by the
work of various committees to harmonize the highly centralized Indian governmental
administration with a degree of local autonomy. The result was intended to create
greater participation in local government by people and more effective implementation
of rural development programs. Although, as of 2015, implementation in all of India is
not complete the intention is for there to be a gram panchayat for each village or group
of villages, a tehsil level council, and a Zilla panchayat at the district level.
Zilla panchayat
Gram panchayats
Mandal or Taluka panchayats
b) Central and local government authorities.
Central : President
c) Legislative agencies
e) The judiciary
f) Commission Board
The Indian Atomic Energy Commission was set up on 10 August 1948 under the late
Department of Scientific Research. A resolution passed by the Government of India
later replaced the commission by "Atomic Energy Commission of India" on 1 March
1958 under the Department of Atomic Energy with more financial and executive
powers.
The functions of the Atomic Energy Commission are: (i) to organize research in atomic
science in the country (ii) to train atomic scientists in the country (iii) to promote
nuclear research in commission's own laboratories in India (iv) to undertake prospecting
of atomic minerals in India and to extract such minerals for use on industrial scale.
Saudi Arabia
Local :
c) Legislative agencies
The Consultative Council that consists of 150 members and allows women to be its
member represents legislative branch. The Council plays only consultative role and
helps the King with state-important issues. The Council consists of 12 committees that
deal with variety of important spheres, such as human rights, foreign affairs, health,
education, public services, security, Islamic affairs, economy, finance, administration,
culture (Ziegler). There are no elections for the Consultative Council since the King
personally appoints its members for a 4-year term.
d) Executive institutions
The King and Council of Ministers represent the executive branch. King is the prime
minister, chief of the state and commander in chief of the military in Saudi Arabia
(Ziegler). The Cabinet consists of 22 ministries, the members of which are appointed by
the King. Starting from 2009, women can be appointed to the minister’s position as
well. King Abdullah made Narah Al-Fayez the first female cabinet-level official
(Ziegler).
e) The judiciary
The judicial branch is subordinated to the Islamic Law and consists of three main parts:
Courts of the First Instance, Courts of Cassation, and the Supreme Council of Justice
(Ziegler). The Shari’ah courts process the majority of cases in the legal system. The
Board of Grievances processes cases where government is involved. It makes a
supplemental body to the Shari’ah courts. The Supreme Council of Justice, made of 12
jurists, represents a judicial branch of the government. The jurists are appointed by the
King on the recommendation of the Supreme Judicial Council (Ziegler).
f) Commission Board
In 1975 (1395H) and as a part of the second development plan, the Kingdom of Saudi
Arabia laid down a development strategy that aims to diversify economy and to
minimize dependence on raw oil income. A historical strategic decision was made to
support and expand its industry base represented in the Royal Decree No. M/75 which
directed the foundation of the Royal Commission for Jubail and Yanbu in 21 September
1975 as an administrative and financial independent organization run by a board of
directors whose chairman reports directly to the Council of Ministers. Policies are laid
down by the Royal Commission’s headquarters in Riyadh and are executed through the
directorates general of both Jubail and Yanbu Industrial Cities
• Mission
Plan, promote, develop and manage Petrochemicals and Energy intensive industrial
cities through successful customer focus and partnerships with investors, employees,
communities and other stakeholders." These industrial cities are Jubail, Yanbu, Ras Al-
Khair and the newest project Jazan.
Malaysia
Unlike the federal and state governments, the local governments in Malaysia are not
elected but appointed by the state government after local council elections were
suspended by the federal government in 1965.
c) Legislative agencies
The bicameral parliament consists of the lower house, the House of Representatives or
Dewan Rakyat (literally the "Chamber of the People") and the upper house, the Senate
or Dewan Negara (literally the "Chamber of the Nation"). All seventy Senate members
sit for three-year terms (to a maximum of two terms); twenty-six are elected by the
thirteen state assemblies, and forty-four are appointed by the king based on the advice
of the Prime Minister.[6] The 222 members of the Dewan Rakyat are elected from
single-member districts by universal adult suffrage. The parliament follows a multi-
party system and the governing body is elected through a first-past-the-post system.
Parliament has a maximum mandate of five years by law. The king may dissolve
parliament at any time and usually does so upon the advice of the Prime Minister.
d) Executive institutions
While the Monarch remains the Head of State real executive power is vested in the
cabinet led by the prime minister as Head of Government; the Malaysian constitution
stipulates that the prime minister must be a member of the Lower House of parliament
who, in the opinion of the Yang di-PertuanAgong (YDPA), commands a majority in
parliament. The cabinet is chosen from among members of both houses of Parliament
and is responsible to that body. The Executive branch of the government consists of the
Prime Minister as the head of the government, followed by the various ministers of the
Cabinet.
e) The judiciary
The highest court in the judicial system is the Federal Court, followed by the Court of
Appeal, and two High Courts, one for Peninsular Malaysia, and one for East Malaysia.
The subordinate courts in each of these jurisdictions include Sessions Courts,
Magistrates' Courts, and Courts for Children. Malaysia also has a Special Court to hear
cases brought by or against all Royalty.
a) Commission Board
As the leading authority for the improvement of corporate governance in Malaysia, the
commission also handles monitoring and enforcement activities to ensure compliance
with business registration and corporate legislation.
In 2003, the SSM began a review of the Companies Act 1965, with the aim of
simplifying the process of incorporation in Malaysia and reducing businesses' costs of
compliance with Malaysian corporate law. This law was eventually replaced by
Companies Act 2016, which carries some major changes such as only one director is
needed to register the company as a Company Limited by Shares instead of two, heavier
penalties on directors who do not comply with the Act, and Annual General Meeting
(AGM) is no longer mandatory to be held by private companies.
Indonesia : The mechanism of checks and balances in Indonesia was born along with
changes in the composition of state institutions which were no longer subordinate due to
the amendments to the 1945 Constitution. With the amendments to the 1945
Constitution the institutional system in Indonesia changed from distribution of power to
separation of power. However, it cannot be denied that the separation of powers does
not mean that one institution cannot relate to other institutions. With this checks and
balances mechanism, each state institution can supervise and balance the authority of
other institutions. This is in accordance with the ideals of reform and constitution, the
1945 Constitution for the sake of creating a state which is far from arbitrary and
accountable.
United Kingdom : The United Kingdom Relies On A System Of Checks And Balances
To Prevent Against Abuses Of Power. Examine How The Checks And Balances Work
To Prevent Against Potential Abuses Of Power And Discuss The Extent To Which The
Current Administration Has Sought To Strengthen These Checks And Balances In
Recent Years.
USA : The United States government exercises checks and balances through its three
branches: the legislative, executive, and judicial branches. It operates as a
constitutionally limited government and is bound to the principles and actions that are
authorized by the federal—and corresponding state—constitution.
India : The doctrine of separation of powers is a part of the basic structure of the Indian
Constitution even though it is not specifically mentioned in it. Hence, no law and
amendment can be passed violating it. The system of checks and balances is essential
for the proper functioning of three organs of the government. Different organs of the
state impose checks and balances on the other. The following examples illustrate the
checks and balances:
Judiciary exercises judicial review over legislative and executive
actions. Judiciary has the power to void laws passed by the
Parliament. Similarly, it can declare the unconstitutional executive actions as
void.
Legislatures review the functioning of the executive.
Executive appoints the judges.
Legislative branch removes the judges. It can also alter the basis of the judgment
while adhering to the constitutional limitation.
Checks and balances acts in such a way that no organ of the state becomes too
powerful. The constitution of India makes sure that the discretionary power bestowed
upon any organ of the state does not breach the principles of democracy. For instance,
the legislature can impeach judges but as per the condition i.e. two third majority.
Saudi Arabia : The system of checks and balances when Saudi kings first mentioned
about consultative council (majlis ash shura) that would advise them how to rule the
country. In 1992 King Fahd offered the 61-member model of consultative council and
specified their responsibilities (Metz), however, it was not until 2005 when the first
Consultative Council of 150 members was formed by the King. Although the authority
of the King remains undisputable and the King power is hereditary, one can distinguish
between three branches of government in Saudi Arabia: legislative, executive, and
judicial.
Malaysia : Checks and balances are there to protect the citizens’ liberty and nation’s
democracy. Parliamentary democracy however, like in Malaysia, is more likely to not
have distinct separation of powers because the Prime Minister (Executive) and Cabinet
Ministers (Government) are selected from the Parliament (Legislative), and these
postings are usually from the coalition of Barisan Nasional component parties (or we
can say, the “winning” party). Even the Judiciary are selected by this “winning party”
and not elected by their peers. This fusion of all three branches makes this network of
checks and balances almost comical and almost obsolete. I said “almost obsolete” for
the reason that the prospect for good and responsible governance is still in existence
here, but the probability of corruption without discovery is also higher in a government
without the proper separation of powers.