The functions of the Legislative Power

The functions of the Legislative Power
The legislature is a political structure whose function is to legislate.At present, the agency called the House of Representatives (Indonesia), House of Representatives (United States), or the House of Commons (UK). The institutions were selected through a mechanism of general elections held periodically and come from political parties.
Through what can we ikhtisarkan of the work of Michael G. Roskin, et.al, contained some of the functions of the legislative power as follows: Lawmaking, Constituency Work, Supervision and Critism Government, Education, and Representation.
Lawmaking is a function of making laws. In Indonesia, the law is known as the Labor Law, the Law on National Education System, Law Teachers Lecturers, Investment Law, and so forth. This law made by Parliament after considering input from the community level.
Constituency Work is a function of the legislature to work for his constituents. A member of Parliament / legislature usually represents between 100,000 s / d 400,000 people in Indnesia. Of course, the people who elected the enormous undertaking of so many people. Therefore, it is important for a legislator to carry out the mandate, which should he voiced at every opportunity when he worked as a member of the board. Weight is not it?
Supervision and Critism of Government, means the legislative function to supervise the implementation of the law by the president / prime minister, and immediately criticize it if there is a discrepancy. In performing this function, the House do so through the hearing, interpellation, questionnaire, and issued a motion to the president / prime minister.
Education is a function of the House to give a good political education to the community. Members of Parliament should set an example that they are merely representative of the people who should maintain the mandate of the electorate. They should always give an understanding to the public on how to implement a good national life. Because, almost every time the media covering their behavior, either through television screens, newspapers, or internet.
Representation, is a function of legislators to represent the voters.As already mentioned, in Indonesia, a member of the council elected by about 300,000 voters. Well, the 300,000 people he should represent its interests in the context of the country. This is based on the concept of representative democracy. Can not imagine if we applied the concept of direct democracy, the Parliament building will be crowded with 300,000 people who come every day to Senayan. I could have destroyed the building.The problem that arises is, board members are still many that are less sensitive to the interests of his constituents. This we can see from there are still many demonstrations that appear on various political issues.
Functions of the Executive Power
Executive powers to implement the laws made by the Legislature.The functions of the executive power of this outline are: Chief of State, Head of Government, Party chief, Commander in chief, chief diplomat, Dispenser of appointments, and Chief legislators.
Executives in the modern era of state is usually occupied by the President or Prime Minister. Chief of State means the head of state, so a President or Prime Minister is to a country, a symbol of a country. Whatever action a President or Prime Minister, means the action of the countries concerned. Function as the head of the country such as evidenced by leading the ceremony, the inauguration of an activity, receiving ambassadors, conflict resolution, and the like.
Head of Government, means the head of government. President or Prime Minister who perform the daily activities of the executive.For example, lifting the ministers, establishing agreements with other countries, involved in the membership of an international institution, signed promissory notes and payment of donors, and the like. Within each country, sometimes occur separation between the functions of head of state with the head of government.
In the UK, heads of state held by the Queen of England, as well as in Japan. In both countries the heads of government held by the Prime Minister. In Indonesia or the United States, heads of state and heads of government held by the President.
Party Chief means a chief executive is also a head of a party that wins the election. Function as the chairman of this party is more prominent in a country which adopts a parliamentary government.In the parliamentary system, the head of government held by the prime minister from the party that wins the election.
However, in countries following the presidential system of government sometimes do not apply such rigid. In the reign of Gus Dur (in Indonesia) demonstrate this. Gus Dur is derived from the party that won only 9% of votes in the 1999 elections, but he became president. In addition, the system of parliamentary government, there is a very strong relationship between executive and legislature by an executive selected because of the composition of the party vote in the election results. In the presidential system, elections to choose members of the council and to elect the president separately.
Commander in Chief is a function of head of the armed forces.President or prime minister is the supreme head of the armed forces. A president or prime minister, despite having no military background have this role. However, sometimes there is friction with the military if the president or prime minister is a person rather than the military.
Once again, this never happened in the era of Gus Dur, where many of the instructions to the military ignored the latter, especially in the sectarian riots (religion) that frequently occur in his administration.
Chief Diplomat, is a function of the executive to head the ambassadors who spread the representatives of countries around the world. In politics John Locke's triad of thought, embodied federative power, the power to establish relations with other countries. Similarly, in the context of the current application of executive power. The Executive is a party that raised ambassador to operate in friendly countries, also received ambassadors from other countries.
Dispenser of Appointment is a function of the executive to sign a treaty with another nation or international institution. In this function, the signatories made by presidents, foreign ministers, cabinet members or others, who are appointed by the president or prime minister.
Chief Legislation, is the executive function to promote the publication of a law. Although the power to make laws in the hands of the House, but within the state system allowed the executive to promote the publication of a law so the real challenge in the implementation of a law can be easily found by those who daily carry out the law.
Judiciary Power Functions
The judicial authorities the power to interpret the contents of the law and impose sanctions for any violation of it. Judiciary functions that can be specified into the list of legal issues the following: Criminal law (petty offense, misdemeanor, felonies); Civil law (marriage, divorce, inheritance, child care); Constitution law (the problem of interpretation seputan kontitusi); Administrative law (the law governing the administration of the state); International law (international treaties).

    * Criminal Law completion usually held by a criminal court in Indonesia are tiered, the District Court (the district), the High Court (at the provincial level, and the Supreme Court (national level).
    * Civil law is usually resolved in the District Court, but especially Muslims usually held by a religious court.
    * Constitution Law is now the solution is occupied by the Constitutional Court. If individuals, groups, questioned the state institutions of a law or decision, made efforts to settle disputes in the Constitutional Court.
    * Administrative Law dispute shall be settled in the State Administrative Court, usually land dispute cases, certification, and the like. Meanwhile,
    * International Law is not resolved by the judiciary under the control of a country but on behalf of the United Nations (UN).

Trias Politica, john Locke

John Locke (1632-1704)
Thinking about the Trias Politica John Locke is in the Magnum Opus (great work) which he wrote and titled Two treatises of Government, published in 1690. In his work, Locke said that the basic nature of man is "to work (change of nature with his own sweat)" and "has the property (property)." Therefore, both countries should be able to protect people who work and also to protect the property of each person who obtained based on the results of such work. Why Locke wrote this work in such important issues?
In times when Locke's life, belongs to everyone, especially the aristocracy, are in a vulnerable position when faced with the king.Often king arbitrarily acquired belonged to the nobility on the pretext of a wide range. Therefore, not surprisingly, the nobility sometimes make war with the king because persengkataan this property, such as livestock, land, and the castle.
State exists with the primary purpose of protecting private property from attacks other individuals, so the purpose of Locke's version.To meet these objectives, the need for separate power, power that is not solely in the hands of a king / queen. According to Locke, who had separated powers are legislative, executive and federative
Legislative power is the power to make laws. The important thing to be made in the legislation is that people want to peacefully enjoy his property. For the situation of 'peace' would need to rise laws that govern them. However, for John Locke, the people who meant the general public but not the nobility. The common people do not fall within this community structure is defended by him. People's version of Locke's representative is the representative of the nobility to deal with the king / queen of England.
The Executive is the power to carry out the mandate of the law. In this case the executive power in the hands of the king / queen of England. The nobility did not implement their own laws they make, but delivered into the hands of the king / queen.
Federative power relationships are with countries or other kingdoms. This power is similar to the State Department today.This power, among others, to build a league of war, foreign policy alliances, declare war and peace, the appointment of ambassadors, and the like. This power because of reasons of practicality, submitted to the king / queen of England, as the executive power.
From John Locke's political thought can be drawn one conclusion, that the power split of 3, 2 are in the hands of the king / queen and 1 was in the hands of the nobility. Locke's thinking was not fully in accordance with the understanding Trias Politica in the present.Thought Locke then disempurkan by French colleagues, Montesquieu.