History of Presidential Advisory Council
In administering government of the Unitary State of the Republic of Indonesia, the duty of giving advice and consideration to the president has been known and long-standing performed by the Supreme Advisory Council, as stipulated in the Constitution of 1945 and implementation is regulated by Law No. 3 of 1967 on the Supreme Advisory Council, and amended by Law No. 4 of 1978 on the Amendment and Completion of Law No. 3 of 1967 on the Supreme Advisory Council.
The Supreme Advisory Council is one of institutions in the country that abolished in the fourth change of the Constitution of the Republic of Indonesia Year 1945. Prior to the change, the Supreme Advisory Council set up in a separate chapter, namely Chapter IV of the Supreme Advisory Council. After the changes, the existence of the Supreme Advisory Council was replaced by a board that is placed in one clump chapters set out in Chapter III Power of State Government. The changes show that the existence of a council which has the task of giving advice and opinions to the president are still needed, but the status of a part of the authority of state government under the President and responsible to the President. The existence of the advisory council are set forth in Article 16 of the Constitution of the Republic of Indonesia Year 1945. President forms an advisory council which will provide advice and consideration to President which further provided in the Act.
Law No. 19 of 2006 regulate the existence of an advisory council called the Presidential Advisory Council. Despite this, the position of the Presidential Advisory Council is not meant as a judgment of the board parallel to the President or other state institutions such as the Supreme Advisory Council in the period before the change Constitution of the Republic of Indonesia Year 1945.
Duties, Obligations and Rights
Under Law No. 19 of 2006, the Presidential Advisory Council is a government institutionagency with duty on providing advice and consideration to the president as referred to in Article 16 of the Constitution of the Republic of Indonesia of 1945. Presidential Advisory Council under the President and responsible to the President.
Presidential Advisory Council tasks is to provide advice and consideration the President on running the executive power. Giving advice and consideration that performed by Presidential Advisory Council is MANDATORY whether requested or not by the President. The submission of counsel and that consideration can be done individually or as a whole counsel and consideration of all members of the board.
Presidential Advisory Council carries out the function of advice and considerations related to the implementation of the executive power. In carrying out their duties and functions, Presidential Advisory Council is NOT JUSTIFIED in providing information, statements, and / or disseminate the contents of the advice and consideration to any party. At the request of the President, Presidential Advisory Council can follow a cabinet meeting and working visits and a state visit. In performing its duties, Presidential Advisory Council can request information from the relevant government institutions and other related state institutions. In addition, the Chairperson and Members of Presidential Advisory Council are given the financial right and other facilities according to that given to the Minister of State.
In order to facilitate the implementation of Presidential Advisory Council Duties, each Member of Presidential Advisory Council, assisted by a Secretary of Presidential Advisory Council. Secretary of Presidential Advisory Council has the task to provide input and / or research paper based on his expertise to the Member of Presidential Advisory Council assisted. However, Member of Secretary of Presidential Advisory Council can not act on behalf of and / or represent of Presidential Advisory Council.
Standing of Presidential Advisory Council
Presidential Advisory Council constitutional basis is Article 16 Constitution of the Republic of Indonesia of 1945, which further regulated in Law Number 19 Year 2006 on the Presidential Advisory Board. Under Law No. 19 of 2006, the Presidential Advisory Council is a government agency tasked with providing advices and considerations to the president as referred to in Article 16 of the Constitution of the Republic of Indonesia of 1945. Presidential Advisory Council serve under and responsible to the President.