What is Trias Politica? Definition, Theory, Function, and Purpose

The term trias politica can be said to be quite foreign to some people or maybe you already know it but don’t understand the meaning of the term well.

Basically the trias politica has to do with the world of government and is studied in depth in  the sense of political sociology .

Trias Politica is a concept of government that is currently followed by many countries in the world.

The concept or basis for this term is that power in a country cannot or may not be delegated to a  social structure  over political power but must be separated in different state institutions.

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What is Trias Politica? 

Trias politica actually comes from the Greek word ” Tri ” means three, ” As ” means axis/center and ” politika ” means power. Based on the fragments of each of these words, it can be drawn in general that this trias politica is the center of the three powers in a  governmental social system.

It is also information that the concept of trias politica originally came from the main idea of ​​western democracy which began to develop in European countries in the XVII and XVIII centuries.

Definition of Trias Politica

Trias politica is a theoretical study that discusses and implements the division of state government power into three parts of power which include executive power, legislative power and judicial power.

In this concept, of course, trias politica is also considered as a form of limitation or separation between legislative, judicial and executive powers in a country.

Trias Politica Theory

The theory explained as part of the trias politica, among others, is as follows;

1. Executive

Executive power is an institution that exists in the government and is tasked with carrying out laws. The executive power is led by a head of state and each country has a different leader who is called the president, prime minister, or king.

The duties of the executive power apart from carrying out laws also have other powers in the diplomatic, judicial, administrative, legislative and military fields.

We are the language of the Indonesian state, generally in carrying out this executive power the head of state or the president will be assisted by the vice president, officials and ministers in the cabinet that have been previously formed, have completed their respective duties and have been regulated in law.

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2. Legislative

Legislative power is an institution that has the authority and duty to make and draw up the laws of a country. You need to know that legislative power is held by the parliament which is the representative of the people.

Legislative power apart from holding the power to make laws, it turns out that the legislative power is also authorized to supervise and ask for information from the executive power either directly or indirectly.

In addition, you should also know that the existence of legislative power also functions to limit executive or presidential powers, so that the president cannot arbitrarily use his position for personal gain or form certain social groups because everything has been clearly regulated for each of their respective duties and authorities.

3. Judicial

Judicial power is an institution that has the authority and power with its function to control all state institutions that deviate or deviate from the laws that apply to that country.

This judicial institution was basically formed as a means of enforcement in the function of legal norms, the right to settle disputes, examine materials, the right to cancel regulations or pass legal regulations if they are contrary to the basis of the state.

Another task of the most important judicial power is deciding violations of the law that occur in the constitutional structure, including in terms of disputes and resolving disputes and others.

Functions of the Trias Politica

The following below is the function of the trias politica, namely as follows;

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Functions of Legislative Powers

Among others;

  1. Legislature Law making is the first function in the legislature whose job is to make laws. For information, in Indonesia, the laws that are known are the Law on the National Education System, the Law on Manpower, the Law on Investment, the Law on Teachers and Lecturers, and so on. These laws are generally made by members of the DPR after taking into account input from the community level.
  2. Constituency Work is the function of the legislature to work for its constituents. You need to know that a member of the DPR / legislative body usually represents between 100,000 to 400,000 people in Indonesia. Of course, the person who is elected must be able to carry out every mandate that has been delegated to him with such great duties and obligations from so many people. Therefore it is very important for a DPR member to carry out the mandate or responsibility that has been given to them and he must voice it at every opportunity when he works as a member of the DPR.
  3. Supervision and Criticism of Government, means that the next function of the legislature is to oversee the implementation of laws by the president or prime minister, and immediately criticize or provide input suggestions if discrepancies or violations occur.
  4. Education is the function of the legislature or members of the DPR to provide good political education to the wider community.

Executive Power Functions

That is;

  1. Head of Government, has the meaning of the head of government. The President or Prime Minister who holds power and carries out daily executive activities must carry out their duties as well as possible. The tasks of this institution include appointing ministers, being involved in membership of an international organization, entering into agreements with other countries, signing bonds and payments from donor agencies, and so on.
  2. Party Chief is a chief executive as well as the head of a party that has succeeded or won an election. The function of the party chairman in this case is that it is more prominent or known in a country that adheres to a parliamentary system of government. As information that in a parliamentary system, the head of government is held directly by the name of the prime minister and comes from the party that won the election.
  3. The Commander in Chief is the function of an executive branch to head the armed forces. You need to know that the president or prime minister is the supreme leader of the armed forces. Even though a president or prime minister does not have a military background, they still need to have the role of heading or leading the armed forces.
  4. The Chief Diplomat is an executive function in terms of heading ambassadors who are spread across country representatives throughout the world.
  5. Dispenser of Appointment, namely the executive function in terms of signing agreements with international institutions or with other countries. In this function, the president, minister of foreign affairs, or other cabinet members sign off and have been appointed by the president or prime minister.
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Function of Judicial Power

Among them;

  1. Criminal law is usually resolved by judicial institutions which are usually held by criminal courts in Indonesia with a tiered nature, from district courts (district level), high courts (provincial level, and supreme court (national level). You also need to know that civil law usually also resolved in district courts, but specifically for Muslims it is usually held by religious courts.
  2. Constitution Law is an issue handled by the constitutional court. If individuals, groups or state institutions question a law or decision, the steps for resolving the dispute are carried out in the constitutional court.
  3. Administrative Law is an administrative law issue whose settlement is carried out in the state administrative court. In general, cases in this case include issues of certification, land disputes and the like.

Purpose of the Trias Politica

The goals which then become the benefits of the trias politica itself are;

  1. So that there is no delegation of authority or power to the same person so that later abuse of power can be avoided by people who are in power but do not have proper responsibilities.
  2. Dividing government power is divided into 3 formations of power with the hope that all activities of the state government are not imbalanced, avoid the effects of government corruption and other things that can cause  social deviations .

Conclusion

From the explanation put forward it can be said that the function of the trias politica is divided into several things based on the power or authority of each of the institutions in a country. However, state institutions are not the same as social institutions because their functions are much higher in dealing with complex problems within a country itself.

Well, that’s the complete article that we can present to all readers regarding the  meaning of trias politica , theory, distribution, functions, goals, and benefits in the government system that we can feel. Hope it is useful.