Page 169 - BUKU A CENTURY OF PARLIAMENTARY LIFE IN INDONESIA
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A CENTURY OF PARLIAMENTARY LIFE
           IN INDONESIA





                                                           Since  then,  in  addition  to  the  ideological  basis
                                                           of Pancasila, the Unitary State of the Republic of
           Both Pancasila and the                          Indonesia  had  the  1945  Constitution  as  a  legal
                                                           basis and a source of legal order. Thus, the “Pre-
           1945 Constitution clearly                       amble to the 1945 Constitution”, the “Body”, and

           distinguished the People’s                      the  “Elucidation  of  the  1945  Constitution”  were
           Representative Council/                         enacted as a unit to replace the Provisional Con-
                                                           stitution before the Presidential Decree.
           Consultative Assembly into
           two bodies, namely (1) the                      Likewise,  since  the  1945  Constitution  was  re-

           House of Representatives                        enacted until the occurrence of the September
                                                           30 Movement/the Communist Party of Indone-
           (Dewan Perwakilan                               sia, which Bung Karno referred to as Gestok, the

           Rakyat), and (2) the                            Constitution could not be implemented in a pure
           People’s Consultative                           and consistent manner. This could be seen from
                                                           the results of the General Assembly of the Old
           Assembly (Majelis                               Order Provisional MPR, from 1960 to 1965, whose

           Permusyawaratan                                 decisions  were  inconsistent  with  or  even  devi-
           Rakyat).                                        ated from the 1945 Constitution.

                                                           Both Pancasila and the 1945 Constitution clear-
                                                           ly  distinguished  the  People’s  Representative
                                                           Council/Consultative Assembly into two bodies,
                                                           namely (1) the House of Representatives (Dewan
                                      Perwakilan Rakyat), and (2) the People’s Consultative Assembly (Majelis
                                      Permusyawaratan Rakyat). “Perwakilan” comes from the word “deputy”
                                      or  “representative”  who  represents.  Meanwhile,  “permusyawaratan”
                                      comes from the word “deliberation” or “negotiation”; the representatives
                                      can be elected, appointed, or chosen by the people.


                                      With a condition like this, everyone would choose or appoint a person
                                      or  group  whom  they  trust  in  carrying  out  their  wishes.  However,  be-
                                      cause everyone had different interests and different beliefs about their
                                      candidates for representatives, the representation must be determined
                                      by election. Appointment was deemed impossible because the people
                                      would appoint a lot of representatives.


                                      Therefore, everyone who is lawful according to the law is every Indo-
                                      nesian citizen who, as a legal subject, has the right to vote for and/or
                                      become the people’s representatives who sit in the House of Representa-
                                      tives. Therefore, the DPR became the representative of the people as a
                                      whole, but is not yet an incarnation of the people. The incarnation of the




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