In the common law system, which is found in Anglo-Saxon countries, in addition to the legislative body which has the authority to create uu, there are other rules too that the common law, which is a collection of the judge's decision. In the common law system judges earlier decisions bind subsequent judges in the same case
While preformance civil law, judges can not create their own rules, seashell braid but rules are made to be under the law, but if the judge does not find its solution in the law the judge must create his own decision. Tetapai in this case, the judge's decision is not binding on other judges.
Both the common law and civil law, the judiciary has to then performed a judicial function, both legislation under the laws of the laws, or even the laws of the constitution. In Indonesia, the role of judicial review of legislation under the laws of the statute is MA (Supreme Court), while the judicial review of legislation against the constitution adalh Court (Constitutional Court)
In accordance with the 1945 Constitution, which states that the judicial power is the power of freedom, meaning that regardless of the influence of other powers, both executive and legislative. But during the Guided Democracy of abuse in which the president can intervene in the court matter. Prior to the judicial reform in Indonesia is not known.
Conducting judicial power on the environment
3. KY (Judicial Committee), is a new institution that is free and independent, seashell braid competent and authorized to appoint justices in order to enforce discipline the behavior of judges.
In this world there are countries that use sitem one chamber and two-chamber system. The implementation of the system assemblies aatau reasoned that the room reflects a majority vote of the assembly of the people, therefore, considered appropriate democratic concepts. In addition the council decision-making system is relatively faster than the two assemblies.
In the two-chamber system, the legislature consists of two kama, which represents rakyar rooms and rooms that represent regions or provinces. They think that it is necessary seashell braid to control the power assemblies held one room, to avoid abuse of the assembly wenagan. In addition to the legislative balance of power, the senate room is a reflection seashell braid of the province that can provide the opportunity to express his desire province.
The upper house consists of state representatives or representatives of the province. In Indonesia this high majelsi called DPD (DPD). Sometimes the weight of the upper house has a power that is not the same as the lower house, such as in Indonesia. How different was his appointment, there is appointed, hereditary or elected by popular vote.
The lower house or their counterparts in Indonesia is the House, where the assembly is representative of the people, which is usually chosen through seashell braid elections. Yag is owned by the authority of the lower house is usually greater than the upper house, seashell braid except in America. In parliamentary systems, the lower house can drop the cabinet, while the presidential system can not.
Other functions, the legislature considered as a forum for cooperation between the various groups and parties with the government, where diverse opinions are discussed in public, the legislature also has keksempatan to act as a carrier of the popular vote.
In this system there is a dependency between seashell braid the executive and the legislature. Because life or death cabinet ministers depends on the support of members of parliament or legislature. Therefore, the system is referred to a parliamentary system. Examples seashell braid of countries that follow this system adalh England and India.
In this system, seashell braid survival does not depend on the executive body of the legislature, so that sometimes the legislative body position is much stronger than the executive body. Anyway ministers who sit in the executive chosen berdaarkan will of the president, so that ministers can be taken from people who are not a reflection of the existing political parties in the legislature, or in other words, the president can take the ministers of the people who have expertise seashell braid in the field. Examples of the adherents of this system is the United States
In the pre-guided democracy, ie November 1945 sampi June 1959, known as the executive body consisting of a president, vice presidents, and ministers headed by a prime minister, and work on the basis of ministerial responsibility. This cabinet
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