Mechanism of the President and DPR Relationship in Indonesian State Government Law According to 1945 Basic Laws in Historical Perspective After Amendment

The relationship between the executive and legislature has tended to be less harmonious for a long time. The problem between the two of them has always occurred since Indonesia officially became a country. This paper tries to describe how the relationship between the President and the DPR, which is the reference is the 1945 Constitution. The method used by researchers is juridical normative with a descriptive analysis approach. From this research, the researcher knows that there have been several shifts in executive functions and positions after the amendment four times and the Check and Balance authority that the DPR has to maintain the stability of power.

happened during the Soeharto government, which was determined to implement the 1945 Constitution purely and consistently, which was inversely proportional to the reality on the ground. The two administrations' governance practices show the extreme dominance of the President's power so that the constitutional practice during the Old and New Order administrations did not create a tradition of oversight and balance between state institutions, particularly oversight between the legislature and the executive as mandated by the constitution.
History proves that the 1945 Constitution is the highest written basic law in the state (the higher low of the land), both at the central and regional levels, containing the distribution of power both vertically and horizontally (Sansuse, 2015). Various functions between state organs are relatively much regulated, including functional relations or power relations between one organ and another state organ (Jurnali, 2015).
Amendments to the 1945 Constitution need to be carried out because of several weaknesses that make an undemocratic government appear (Jurdi, 2016). These weaknesses are: First, the 1945 Constitution provides a strong basis for executive power (executive heavy). There is no system of checks and balances. In the New Order era, the president determined all national political agendas. Golongan Karya was very dominant in the MPR and DPR. The President is also the holder of power in the legislative field. Therefore, the supervision of the judicial and legislative institutions cannot be effective; because the power of the MPR and DPR lies more in the political aspect and is dominated by the President's political power, namely Golkar.

Second, the 1945 Constitution contains articles that have multiple interpretations.
However, what must be generally accepted is the interpretation made by the President, such as the strength of Article 7 which states "The President and Vice President hold their posts for a period of five years and thereafter can be re-elected". The provisions of this article can be interpreted at least two kinds of interpretation, namely; can be reelected multiple times after five years or can only be re-elected after his first term.

ENDLESS: Journal of Futures Studies Vol. 3 No. 1 (2020)
http://internationaljournal.net/index.php/endless 17 Third, the 1945 Constitution provides many attributions and delegations to the President to regulate important matters with laws and government regulations. The president is always in a more decisive position than the legislature, which has an impact on the amount of material in the law that comes from the will of the executive.
Fourth, the 1945 Constitution has too much faith in the goodwill of those in power, so that it depends more on the spirit of state administration than on strictly regulating power limitations.
With these weaknesses, during the 1945 Constitution (before the amendment), democracy was never achieved in Indonesia. To prevent authoritarian tendencies from recurring, the 1945 Constitution must be renewed to strengthen further and guarantee the implementation of democracy so that a state based on law is truly a means of realizing social justice for all Indonesian people (Susilo, 2018). Amendments to the 1945 Constitution to balance power between the legislative, executive, and judicial branches. Therefore, to discuss the Bill, the President and the DPR were involved together in its formation as a whole (Lewis, 2005).

B. METHOD
The method used by researchers in this research is normative juridical with a descriptive analysis approach. Researchers used data sources derived from primary

Executive Position
State power that is concentrated in one institution results in various negative side effects; this is why society wants a change in the distribution of power that is more assertive. Coupled with calls from all over for democratization in all fields, the According to experts, the Indonesian government system before the amendment is often said to be a semi-presidential system or the MPR system (Jurdi, 2019). In this system, the President as an executive is responsible for the MPR and carries out the duties according to the GBHN set by the MPR (Azhary, 2015). One of the amendments to the 1945 Constitution's goals is to tighten the government that adheres to a presidential system centered on executive power (president) as head of government and does not depend on the legislature as before the amendment (Tutik, 2016). That is why, when the reform era opened up opportunities for amendments to the 1945 Constitution, the idea emerged to include a system of checks and balances between the legislature, executive, and judiciary. In terms of the relationship between the executive and legislature, the president's dominance in the legislative process is shifted by the DPR (Nurtjahjo, 2005).
Amendments to the 1945 Constitution that have been made four times in a row, namely: (  (Gunawan, 2008). This amendment has had a major impact on changes to the Republic of Indonesia's state administration system, bringing the government into a better presidential system (Huda, 2001). Meanwhile, the view of other experts states that the amendment strengthens the legislative organs. Judging from the tendency for the growing legislature to be heavy (Johan, 2018). This raises ambiguity/dualism between presidential and parliamentary. This instability is due to Between four forms of purification, three are directly related to the relationship between the president and the DPR. The change in elections from a representative system to a direct election, for example, is a major step as part of efforts to purify the presidential system. However, as long as the system representatives still elect the president and vice president, it is difficult to avoid the president/vice president from being accountable to the institution that elects him. Referring to the experience under the 1945 Constitution, the presidential and vice-presidential elections conducted by the MPR have forced the highest executive leadership to be politically accountable to this institution. The representative institution will dismiss the president for political reasons.

Checks and Balances System
Concerning these checks and balances, the idea of changing the parliamentary system from the supremacy of the MPR is proposed, which consists of three elements, namely; (1) DPR, Regional Representatives and Class Representatives become bicameral system (two chambers) parliament which takes place in a relationship of checks and balances with other institutions, particularly with the executive and judicial institutions. The political representative is the DPR, while the territorial representative institution is the DPD, which has the legislative function of the elected representatives through elections (Kuswanto, 2020).

ENDLESS: Journal of Futures Studies Vol. 3 No. 1 (2020)
http://internationaljournal.net/index.php/endless 21 After the idea of reform in 1998, which impacted political change after the 1998 reformation, it has pushed the DPR institutions to become more democratic and accountable. This at least provides a new performance for the DPR, which was previously considered to have less role in carrying out its functions during the New Order era. After the reformation the role and function of the DPR RI was returned to its original place as a legislative institution that carried out its functions (Susanto, 2014).
The functions of the DPR in the check and balance system after amendments are: http://internationaljournal.net/index.php/endless 23 finances, which is the same task as the government, especially in making laws and establishing the APBN.

D. CONCLUSION
The government system becomes purely presidential after previously being semipresidential. In this new system, the executive (president) is no longer accountable to the MPR. The legislative function holder is the DPR, carried out jointly with the President to obtain joint approval. In the passage of laws, the President has the authority to pass laws with a certain time limit to ratify a law and as the basis for the legislative function. The DPR after the written amendment in Article 20A Verse (1) of the 1945 Constitution, namely the House of Representatives, has a legislative function, a budget function, and a supervisory function. The legislature has the authority to check and balance, namely by reducing executive power not to exceed the limit or have absolute power.