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EKSISTENSI MAJELIS PERMUSYAWARATAN RAKYAT (MPR) PRA DAN PASCA AMANDEMEN KE-EMPAT UUD 1945
This study examines the existence of the People's Consultative Assembly (MPR) in the Indonesian constitutional system in two major periods, namely before and after the fourth amendment of the 1945 Constitution (Constitution) of 2002. The constitutional amendment has fundamentally shifted the position of the MPR from the highest institution to a state institution equivalent to other high institutions. This research aims to analyze the implications of these changes towards the existence of the MPR with the Theory of State Institutions and the concept of Ahlul Halli Wal Aqdi in the framework of Siyasah Dusturiyyah. The research method used is qualitative with descriptive-analytical-comparative properties. The research approach includes a statutory approach and a comparative approach to see the difference in norms in two different time periods. The main data sources include the 1945 Constitution of the Republic of Indonesia and Law No. 17 of 2014 concerning MD3. The results show that based on the State Institution Theory, the existence of the MPR post-amendment has undergone a significant reduction in authority; from being the sole holder of people's sovereignty to becoming an institution that is more ad hoc in nature or a joint session forum between the DPR and the DPD. In the perspective of Ahlul Halli Wal Aqdi, this change reflects a shift in the mechanism of deliberation (shura), where the representative function of the MPR no longer possesses absolute authority to directly elect the national leader, but is limited to specific constitutional tasks such as inaugurating the President and amending the Constitution. This study concludes that although its position has weakened structurally, the MPR still plays a crucial role as a balancer to maintain democratic stability in Indonesia.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
EKSISTENSI MAJELIS PERMUSYAWARATAN RAKYAT (MPR) PRA DAN PASCA AMANDEMEN KE-EMPAT UUD 1945 (Text)
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