SEPARATION AND DISTRIBUTION OF POWER IN THE CONCEPT OF A DEMOCRATIC STATE IN INDONESIA: PEMISAHAN DAN PEMBAGIAN KEKUASAAN DALAM KONSEP NEGARA DEMOKRASI DI INDONESIA

Abstract

Democracy as a system of government which in modern times is adopted by almost all countries in the world, is developing very widely and dynamically along with the development of the state constellation. A system that positions the people as the final determinant of the exercise of power is considered ideal in constitutional life. Indonesia is one of the countries that implements the separation of powers in its government system as outlined in the 1945 Constitution. Based on the background above, the author can formulate the problem as follows: how is the Separation and Distribution of State Power in Indonesia, and what is the Concept of a Democratic State in Indonesia. The type of research used in this research is library research. Indonesia is a rule of law state where state power has been mentioned or regulated in the 1945 Constitution of the Republic of Indonesia. Indonesia as a rule of law state with a constitutional democratic system and the Constitution as a legal basis has the function of limiting the power of the three branches of government that hold the power. such as executive, legislative and judicial. This executive power is held by the president and vice president. The legislative power or law-making power is the People's Representative Council. And this judicial power is held by the Supreme Court, Constitutional Court and Judicial Commission. It should be noted that the Judicial Commission does not carry out judicial duties but still plays a role in the field of judicial power. The development of democracy in Indonesia can be divided into two stages, namely the pre-independence stage and the post-independence stage.