THE COMPARATION OF GOVERNMENT SYSTEM BETWEEN

INDONESIA AND BRUNEI DARUSSALAM

Constitutional Law

Lecturer: Nanik Prasetyoningsih, S.H., M.H.

Created by:

ASNU FAYAKUN AROHMI (20150610411)

INTERNATIONAL PROGRAM FOR LAW AND SHARIA

FACULTY OF LAW
UNIVERSITAS MUHAMMADIYAH YOGYAKARTA
2019
 CHAPTER I

INTRODUCTION

A. Background
Brunei Darussalam which means that the State of Brunei peaceful. Its capital
city is located in Bandar Seri Begawan. Brunei Darussalam is a sovereign country
in Southeast Asia that is located on the northern coast of the island of Borneo. The
area is 5,765 km2, occupying the island of Borneo to the coastline touches the whole
South China Sea. Brunei is an old country among kingdoms in the Malay world.
The existence of this old Brunei to records obtained by Arabic, Chinese and oral
tradition. The country's national anthem is God Peliharakan Sultan. And has a motto
that always obeys God's direction.
This country is a country protectorate before independence (representative)
England since 1888. This form of representation is shown in 1906 when Brunei
accept the presence of the first British resident. Resident British government's
representative in Brunei. His job is to advise the Sultan of Brunei in all field except
customs and religious issues. In 1959, Brunei is a self-governing state, but foreign
affairs, security, and defense are the responsibility of the UK. Officially Brunei
independent and fully sovereign as of January 1, 1984, but the celebration of the
proclamation was held on February 23, 1984, because it was February 23 serve as
a national day Brunei Darussalam. The system of government is the kingdom based
on the teachings of Islam, with the highest government authority in the hands of the
sultan. Heads of state and government at the beginning of full independence,
namely Sir Muda Hassanal Bolkiah Mu'izzadin Waddaulah, Sultan Darussalam.
The capital city of Bandar Seri Begawan.
Kingdom of Brunei Darussalam is a country that has a style constitutional
monarchy government which based on Islamic teaching from class Sunni
Waljamaah that philosophy is fairness, trust, and freedom with the Sultan, who
served as Head of State and Head of Government, accredited also as Prime Minister
and Minister of Defense, assisted by Sultanate Advisory Board and several
Ministers. Brunei does not have a legislative council, but not in September 2000,
the Sultan of Parliament convened to determine who has never held again since
1984. This Parliament has no power other than to advise the sultan. Due to the
absolute rule of the Sultan, Brunei became one of the most stable states of the terms
of politics in Asia. Sultan Hassanal; Bolkiah who derived his title in the same
dynasty since the 15th century, is the head of state and government of Brunei
Darussalam. His Majesty advised by several assemblies and a cabinet minister,
though the king is memorable is the highest government.
Brunei Security and Defense rely on a defense treaty with the UK where there
are Gurkhas are mainly stationed in Seria. A smaller number of defenses and
security when compared with the wealth and neighboring countries. In theory,
Brunei Darussalam was under military rule since the uprising that occurred at the
beginning of the decade of the 1960s. The revolt was crushed by a paramilitary
militia; United Kingdom Singapore.
Absolute monarchy is a monarchy principled form of a king has full authority
to govern the country. People were not given the slightest power. All the rules are
made by the king without regard to the wishes or aspirations of the people.
Conversely, if applied to large countries such as Indonesia, for example, will not fit
or is not good because the population in Indonesia moreover consists of several
islands where each region or island has a desire and a different culture. The excess
will have absolute monarchical rule is that the full power is held by a Sultan, so
good or bad for the progress of the country depends entirely on the Sultan's own,
and mostly even almost entirely the people obey his Emperor.
Brunei Darussalam is a small country located in Southeast Asia. It is in the
northern part of the island of Borneo / Kalimantan and the Malaysian border. Brunei
consists of two parts separated in the mainland by Malaysia. This country is known
for its prosperity and firmness in implementing Islamic law, both in government
and public life.
Borneo name was given by the British people by the name of this region for
the past Europeans trade through airports in Brunei as the largest commercial city
in the island.

B. Problem Formulation
How the government system of Indonesia and Brunei Darussalam

C. Interest Issues
To know how the system of government in Indonesia and Brunei Darussalam
 CHAPTER II

DISCUSSION

A. The system of government in Indonesia and Brunei Darussalam

1. State of Indonesian
Indonesian government system, starting from Indonesia, a republican form of
government, with the House of Representatives (DPR), DPD (Regional
Representatives Council) and the directly elected president. After the independence
of Indonesia on August 17, 1945, the three founders of the nation, which Sukarno,
Mohammad Hatta, and Sjahrir respectively Sultan served as President, Vice
President, and Prime Minister.
Indonesia is a unitary state is a republic that embraces the ideology of
Pancasila and has a variety of ethnicities and religions. Indonesian system by 1945
is defined as follows.
a. Indonesia is a state based on law (rechtstaat), not based on power alone
(machstaat).
b. Constitutional system. Government based on the Constitution (basic law), not
absolutism (unlimited power).
c. The highest authority in the hands of the Assembly.
d. The President is the supreme organizer of the state government under the MPR.
e. The President is not accountable to Parliament.
f. Minister of a state is the assistant to the president and not accountable to
Parliament.
g. Powerhead of the state is not limited.

In 1950 and 1960, the government of Sukarno began to follow once pioneered
the non-aligned movement at first, then becomes closer to the socialist bloc, Such:
the PRC (People's Republic of China) and Yugoslavia. The 1960s witnessed the
military confrontation against a neighboring state, Malaysia (Confrontation), and
dissatisfaction with the greater economic difficulties. Furthermore, in 1965 the
September 30th Movement erupted incident that caused the death of six generals
and a number of other middle-ranking officers. New force who call themselves New
Order immediately accuse PKI (Indonesian Communist Party) as the brains behind
this incident and intend to overthrow the legitimate government and replace the
national ideology based on socialist-communist.
General Suharto became president in 1967 on the grounds to secure the
country from the threat of communism. Meanwhile, the physical condition of
Sukarno increasingly ran down. After Suharto's rule, hundreds of thousands of
Indonesian citizens suspected of involvement in the communist party were killed,
while many more Indonesian citizens who are residing abroad, did not dare to return
to their homeland and eventually revoked his citizenship. Thirty-two years of the
Soeharto years called New Order, while the Soekarno regime called the Old Order.
Suharto implements the neoliberal economic system and managed to bring
huge foreign investment to enter Indonesia and generate substantial economic
growth, although uneven. At the beginning of the New Order regime, Indonesia's
economic policy was developed by a group of graduate economics Department of
Economics, University of California, Berkeley, called the "Berkeley Mafia".
However, Suharto and his family enriched by corruption, collusion, and nepotism
are widespread and eventually forced to step down after massive demonstrations
and deteriorating economic conditions in 1998.
From 1998 to 2001, has three presidents, namely Bacharuddin Jusuf Habibie
(Habibie), Abdurrahman Wahid (Gus Dur) and Megawati Sukarnoputri. In 2004,
the biggest one-day election in the world was held and won by SBY (Susilo
Bambang Yudhoyono).
Indonesian system is run by a presidential republic government system of
multi-party democracy. As in other democratic countries, the Indonesian political
system based on the Trias Politica, namely the legislative, executive and judicial.
Legislative power is held by the People's Consultative Assembly (MPR). MPR
had been a unicameral highest state institution, but after the amendment to 4, the
Assembly is not the highest body again and changed the composition of its
membership. Assembly after the 1945 amendment, which since 2004, was
transformed into an institution bicameral consisting of 560 members of the House
of Representatives (DPR) which is representative of the people through political
parties, coupled with the 132 members of the DPD (Regional Representatives
Council), who represents the province of independent paths, DPR and DPD
members are elected through elections and sworn in for a five-year term. Previously,
members of the Assembly are all members of Parliament plus group representatives
and military or police.
The executive institution centered on the president, the vice president, and the
Cabinet. Cabinet in Indonesia is a presidential cabinet so that the ministers are
responsible to the president and does not represent a political party in parliament.
The goal is to maintain the stability of government given the strong position of the
legislature in Indonesia. However, key posts and positioned generally filled by a
minister without portfolio of the party (coming from someone who is considered an
expert in the field).
The judiciary since the reform and the 1945 amendment executed by the
Supreme Court (Supreme Court), KY (Judicial Commission), and the
Constitutional Court (Constitutional Court), including the setting of administrative
judges. Nevertheless, the presence of the Minister of Justice and Human Rights
(Human Rights) will be retained.
Indonesia currently consists of 33 provinces, five of which have a different
status. The provinces are subdivided into 399 districts and 98 cities. The city is
divided into districts and districts, villages, village, town, village, person, or other
terms that are accommodated by Republic Act 32 of 2004 on Regional Government.
Each province has a provincial assembly and the governor, while the district has a
local parliament and regent, later the city has a city parliament and a mayor, all
elected by the people through elections (Elections) and Election (Election To
Region). In Jakarta, there is no county or city parliament because the district
administration and city administration in Jakarta is not autonomous.
Aceh province, Yogyakarta Special District, West Papua, and Papua have the
privilege of the legislature that a larger and a higher degree of autonomy than other
provinces. For example, Aceh has the right to form its own legal system. In 2003,
the Aceh began to establish sharia law. Daerah Istimewa Yogyakarta gain status as
a recognition of the important role in supporting Indonesia Yogyakarta during the
revolution. Province of Papua, formerly called Irian Jaya, received special
autonomy status in 2001. Jakarta is a special area of the state capital. Portuguese
Timor incorporated into Indonesia and became the province of East Timor in 1979
and 1999, which then split through a referendum become a country of East Timor.
Brunei Darussalam Country

2. Brunei Darussalam
Under the 1959 constitution, there is a Legislative Assembly elected or Majlis
Masyuarat State, but only one ever held a general election, in 1962. Soon after the
election, the Assembly was dissolved after the declaration of a state of emergency,
which saw the banning of Brunei People's Party. In 1970 the Council was changed
to an entity appointed by the decree of the Sultan. In 2004 Sultan announced that
the next parliament, fifteen of the 20 seats will be elected. However, no date for the
elections has been set. The Legislative Council is currently composed of 20
members appointed and only has a consultative power. Although there is no election,
no party following law:
 Brunei National Solidarity Party (AEOS) Brunei National Solidarity Party
(AEOS)
 Brunei People's Awareness Party (EXPERT) Brunei People's Awareness Party
(EXPERT)
 National Development Party (Brunei) (NDP) of the National Development
Party (Brunei) (NDP)
 United Democratic Movement (Brunei) (PPGD) United Democratic
Movement (Brunei) (PPGD)
 Brunei National Democratic Party (BNDP) Brunei National Democratic Party
(BNDP)
 Brunei People's Party (Parti Rakyat Brunei) Brunei People's Party

Brunei Political occur in the context of an absolute monarchy, where the Sultan
of Brunei is both head of state and head of government. Executive power is
exercised by the government. Brunei has a Legislative Council with 20 members
appointed, which only has a consultative task. Brunei in 1959 under the
Constitution, His Majesty Paduka Seri Baginda Sultan Haji Hassanal Bolkiah
Mu'izzaddin Waddaulah, is the head of state with full executive authority, including
emergency powers since 1962. The role of the Sultan is enshrined in the national
philosophy known as Melayu Islam Beraja (MIB) or Malay Islamic Monarchy. The
country has been under hypothetical martial law since the uprising that occurred in
the early 1960s and was crushed by the British troops from Singapore.
Elements or third principle that the basic state MIB is Beraja means that Brunei
is a country kingdom (monarchy) led by an absolute monarch. In the context of the
Malay culture, the people have handed over their rights to the king to rule
unanimously. Surely the king must be able to carry out the mandate that is not only
given by the people but also of God to bring the people to prosperity and The
prosperity.
In the context of Beraja in this MIB, Sultan has 6 positions:
1. King as an umbrella of God on earth
2. King as supreme leader of the Islamic religion
3. The king as head of state
4. The king is the head of government
5. King as a supreme leader more
6. King as supreme commander of the armed forces

Compared with other countries upon the kingdom in the world, the Sultan
stronger position and have long passed on from generation to generation.
These three elements or principles in the MIB is an entity that can not be
separated from one another. A person can not yet be said of nationalism Brunei is
considered good if people do not recognize the one thereof as Malays and Islam
only recognizes but does not recognize Beraja.
King of Brunei in history has managed to fulfill its obligations by both the
rights of the people. Therefore, people are also required to fulfill its obligations to
the king are the rights of a King that is obedient and loyal and supportive policies
are in accordance with the conditions that have been set.
In Beraja system there are three elements, namely: the king, government and
people. King will be honored and loved when the government can function properly
in providing services to the public. Naturally, people would later show his loyalty
to the king. The government should be able to run the administration properly so
development proceeded successfully. This is what is actually required by Islam,
namely development that can meet the needs of Muslims so that it can fulfill its
obligations both fard ain and kifayah.
Based on historical experience Melayu Brunei, King has acted fairly and
wisely so there is no reason for the people of Brunei rejects the sovereignty of the
king. The king has given the responsibility to the people with a full mandate.
Concern king to the needs of Muslims is evidenced by the establishment of various
devices Islamic law and Islamic financial institutions.
Brunei Security and Defense rely on a defense treaty with the UK where there
are Gurkhas are mainly stationed in Seria. A smaller number of defenses and
security when compared with the wealth and neighboring countries. In theory,
Brunei been under military rule since the uprising that occurred in the early decade
of the 1960s. The revolt was crushed by the paramilitary United Kingdom
Singapore.
Brunei has with foreign relations, especially with countries of ASEAN and
other countries as well as participate as a member of the UN. The Sultanate is also
involved in the Spratly Islands conflict involving almost all ASEAN countries
(except Indonesia, Cambodia, Laos, and Myanmar), China and the Republic of
China. Additionally conflict sea border with Malaysia, especially problem areas that
produce oil and gas. Brunei claims the territory in Sarawak, such as Limbang. Many
small islands situated between Brunei and Labuan, including Kuraman Island, has
been disputed by Brunei and Malaysia. However, these islands are recognized as
some of Malaysia at the international level.
Brunei has a dual legal system. The first is a system inherited from the British,
similar to that found in India, Malaysia, and Singapore. It is based on English
Common Law, but by codifying an important part of it. The Common Law legal
system that covers most of the law in Brunei.
The structure of the Common Law Courts in Brunei starting with the judiciary.
Today there are less than 10 Magistrates for the state, all of the local population. A
rung above is the Intermediate Court judge. It was established to be a training
ground for the local. There are currently 2 Intermediate Court judges, both local
residents. The High Court is currently composed of three judges, two of whom are
locals. Chairman of the Supreme Court is the judge of the High Court of Hong Kong.
There is no jury system in Brunei and a judge or a judge sitting alone to hear the
case of the death penalty except for cases in which the two High Court judges will
sit. The High Court consists of three judges, all of whom currently retired British
judge. The Court of Appeal sits twice a year for a month each time.
Another system is the Court of Justice in Brunei Sharia. It discusses mainly in
Muslim divorce and things support for a Muslim divorce in the civil jurisdiction
and in violation of seclusion (close) and 'Zina (illegal sex) among Muslims.
Shariah Court this structure similar to the structure of the Court of Common
Law, except that has existed between the court and that the High Court is the final
court of appeal. All judges and judges in both the Common Law Courts and the
Shariah were appointed by the Government. All local judges and judges appointed
from civil servants with nothing so far removed from private practice.
There are five levels of court with the last resort available through the Privy
Council in London. Starting with the court of the first instance, their Kathis courts
that handle family matters such as marriage and divorce to implement Islamic law
(Sharia). The lower court is called sultan's court, presided over by judges, hearing
cases involving other usual minor disputes. Cases like this can be appealed to the
High Court, the court of unlimited original jurisdiction in both civil and criminal.
High Court headed by a chief justice and judges appointed by the sultan. High Court
decision can be taken to the High Court, headed by the president and two
commissioners appointed by the Sultan. In 1995,
In May 2002, the State Ministry of Justice was established in Brunei, which is
responsible for the administration of judicial matters Brunei. Certain provisions of
the constitution of 1959 had been suspended under a state of emergency since 1962.
 CHAPTER III

CLOSING

A. Conclusion
Brunei Darussalam is the empire state with a Muslim majority and has the
basic state monarchy absolute, which in its development has a style constitutional
monarchy with Sultan, who served as Head of State and Head of Government,
concurrently as Prime Minister and Minister of Defense, assisted by the Advisory
Council of the Sultanate and some Minister. All the affairs of state and government
concerning lives of the citizens of Brunei are in the hands of the sultan, who
currently is the Sultan of Brunei Sultan Hassanal Bolkiah, the title derived in the
same dynasty since the 15th century, is the head of state and government of Brunei.
His Majesty advised by several assemblies and a cabinet minister, though the king
is memorable is the highest government. Media empire very impartially,
Brunei's monarchy is the oldest in the world after the Danish royal dynasty
which is characterized by the preservation of the royal heir. Since the establishment
of the Kingdom of Brunei in 1365 AD, the kingdom of Brunei had been ruled by
29 Sultan. Technical administration that occurred since the proclamation of
independence Brunei is information of the Cabinet Council and their desire to
develop democratic through executive institutions.

B. Suggestions
With absolute power held by the King gives to the political and economic
stability in countries Brunei Darussalam, this is due to nature and all the King's
policies so are pro to the people so that the people's confidence for the king does
not need to be in question anymore. Therefore, the people of the king is to love and
respect all regulation that is given by the king, not a reason for people to not respect
and love the king.
The weakness of this system is that if the king was no longer siding with the
people, or in other words there are interests of individuals or groups with a surrogate
from the outside which makes the mistrust of the people to the king and the king
acted arbitrarily to its people, if this the case will trigger a massive coup by the
people to the King.
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