Refita Veronica Damayanti

176010200111030

Kelas A

26

RESUME DOSEN ASING

A. Governing japan consist of three separation powers:

Separation of Powers (Balance of Powers)

Three independent instantons

1. The Diet (The parliament or the congress? Not food: legislative power)

2. The Cabinet (Executive Power)

3. Judiciary (Courts)

Legislature

National Diet

The People
(holders of
soverign
power)

Executive Designation of the chief judge of Judiciary

the supreme court and
appointment of the othe judges
Cabinet Courts
1. The Diet (Kokkai)

Bicameral System (two-chamber system): House of representatives (Shugi-in) consist

of 465 members and House Councilors (Sangi-in) consist of 242 members. The powers of

the Diet are: enactment of laws, decisions regarding the budget and other matters related

to national finances, decisions regarding approval for the conclusion of international

treaties, designation of the prime minister, and initiation of amendments to the

constrictions.

2. The Cabinet (Naikaku)

The supreme decision-making organ of the executive branch of government. Members

of the cabinet are Prime Minister and Ministers of State. The majority of the members must

come from the Diet (The Prime Minister must be a member of the diet) and all the members

must be civilians.

There are two roles of Prime Minister constitutional roles and statuary roles.

Constitutional roles in charge to “control and supervision” over the entire executive branch,

present bill to the Diet on behalf of the Cabinet, sign laws and Cabinet orders (along with

other members of the Cabinet), appoints all cabinet ministers, and can dismiss them at any

time, may permit legal action to be taken against Cabinet ministers, must report to the Diet

upon demand to provide answers or explanations, and may advise the emperor to dissolve

the Diet’s House of Representatives. Statuary Roles are presiding over meetings of the

Cabinet, commander-in-chief of the japan Self-Defense Forces, and may override a court

injunction against an administrative act upon showing of cause.

3. The Judiciary (Saibansho)

 Judicial system in Japan consist of several court, Supreme Court, High Courts, Family

Courts, District Courts and Summary Courts. The judges are qualified lawyers, need to

pass the bar examination and complete a one-year internship supervised by the Legal

training and Research Institute of the Supreme Court of Japan. There are several types of

Lawyer in Japan. Judges as explained before, Public Prosecutors which qualified lawyers

appointed by the minister of Justice, Attorneys which qualified lawyers other than judges

and public prosecutors, register foreign lawyers which any person who qualified as a

lawyer in foreign country (jurisdiction) and practiced there for more than three years.

B. Japanese Law

There are six codes of Law:

1. The Constitutions 4. The Code of Civil Procedure

2. The Civil code 5. The Criminal Code

3. The Commercial code 6. The Code of Civil Procedure

The Hierarchy of Law

Constituotiuon

Treaties

Order by Ministries

Ordinances of Local
Goverment

Custom, (Reason)
C. Indonesia-Japan relationship

 1945: Indonesia’s independence from Netherlands

 1958: The signing of the treaty of peace between Japan and Indonesia

 1973: The first oil crisis, Indonesia helped japan to import oil from the Middle east

via Indonesia

 1974: Marrari incident

 1997: Asian financial crisis (special financial support from Japan)

 2004: Sumatra-andaman earthquake

 2008: Japan-Indonesa EPA