scholarly journals The constitutional court function of the Indonesian state concerning system for the implementation impeachment of the president and/or vice president

2020 ◽  
Vol 4 (2) ◽  
pp. 118-127
Author(s):  
H Muhamad Rezky Pahlawan MP
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
History Of ◽  
Three Stages ◽  
The Republic ◽  
Constitutional System

Impeachment is an accusation or indictment of the President or another country's high officials from his position. Impeachment is not new in the history of Indonesian constitution, but the change in the Constitution has caused a change in the constitutional system as well as related to the mechanism of the dismissal of the President and / or Vice President. how is the Impeachment reviewed globally, the history of impeachment in Indonesia and the implementation of impeachment in other countries, the impeachment process of the president according to the 1945 Constitution of the Republic of Indonesia. The process of impeachment in Indonesia after changing the constitution goes through three stages, namely impeachment in the House of Representatives, the Court The Constitution, and the People's Consultative Assembly. Keywords: Impeachment, Constitutional Court, Government

scholarly journals The Rights Of The Constitutional Court's Decision On The House Of Representatives 'Representatives About The President's Prospective And / Or The President's Vice Representatives According To The State Basic Law Of The Republic Of Indonesia Year 1945

2019 ◽  
Author(s):  
Fahri Bachmid ◽  
Said Sampara ◽  
La Ode Husen
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
The State ◽  
Political Institution ◽  
Vocational School ◽  
Constitutional Court ◽  
Basic Law ◽  
The Law ◽  
The Republic ◽  
Legislative Assembly

This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President has violated the law in the form of treason, corruption, bribery, other serious crimes, disgraceful acts and / or the opinion that the president and / or vice president no longer fulfill the requirements as President and / or Vice President.

scholarly journals Impeachment in The State System

2018 ◽  
Vol 1 (1) ◽  
pp. 46
Author(s):  
Nurwita Ismail
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Legal Process ◽  
Administration System ◽  
Procedural Law ◽  
Head Of State ◽  
State Administration ◽  
Broad Interpretation ◽  
Constitutional System

Impeachment In Constitutional System. This paper aims: To know and analyze how the impeachment arrangements in the Indonesian state administration system; To know and analyze how the legal process in impeachment mechanism before amendment and after an amendment of 1945 Constitution; by using Normative Method The study conducted in this research is the literature. Impeachment of the President and Vice President of his / her position is not new in the Indonesian state administration system. Both before the amendment and after the amendment of the 1945 Constitution. The 1945 Constitution of the amendment result has specified the provisions concerning the Impeachment of the President and Vice President as head of state. However, the mechanism of the impeachment process is determined in a constitutionally eliminative manner even though these reasons have a very broad interpretation and may be subjective, especially in a political institution of the DPR, by which there are several things to be considered in the impeachment process in Indonesia, such as the impeachment process in the House of Representatives Regional and process of Impeachment in the Constitutional Court. There is a need for the provision of legal products or the making of procedural law which regulates the impeachment of the President and Vice President.

scholarly journals Analysis of Reduction of Authority of The Constitutional Court Through The Law on General Election

2018 ◽  
Vol 54 ◽  
pp. 01001
Author(s):  
Budiman N.P.D Sinaga ◽  
Sahat H.M.T Sinaga
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
General Election ◽  
Constitutional Court ◽  
State Institutions ◽  
General Elections ◽  
The Law ◽  
Election Results ◽  
The Republic

In the 1945 Constitution of the Republic Indonesia, there is an order to further regulate in the Law such as the general election that has been enacted Law No. 7/ 2017 on General Election. In its Law, the results of the general election is merely a dispute over the result of the general election regarding the determination of the vote which may affect the election participants’ seats and the President and Vice President election results. The objective of this paper is to find out the legal consequences of the provisions of the law which reduce the authority of state institutions that have been regulated in the 1945 Constitution. The approach of this research is status approach that will be used by examining the laws and regulations relating to the problem. The provisions of the Law on General Elections can be said to have reduced the authority of the Constitutional Court granted the Constitution. There should be strong grounds for an amendment to this provision it can be done immediately by the House of Representatives and the President. Testing by the Constitutional Court may be done but it is better through changes by the House of Representatives and the President.

scholarly journals KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Vice President ◽  
Executive Branch ◽  
Constitutional Court ◽  
State Institutions ◽  
The Supreme Court ◽  
Election Results ◽  
The Republic ◽  
The Government

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

scholarly journals MEASURES OF CONSTITUTIONAL LEGAL ENFORCEMENT IN THE CONSTITUTIONAL LAW OF BRAZIL

2020 ◽  
Vol 4 (1) ◽  
pp. 29-36
Author(s):  
Irina A. Tretyak
Keyword(s):  
Constitutional Law ◽  
Vice President ◽  
Scientific Methods ◽  
Abuse Of Power ◽  
Legal Enforcement ◽  
Foreign Countries ◽  
History Of ◽  
General Scientific ◽  
The Republic ◽  
Constitutional System

The subject. The article is devoted to different measures of constitutional legal enforce-ment in the constitutional law of Brazil, their analyzing, depending on main goal of coer-cion. The purpose of the paper is to extend constitutional knowledge about measures of consti-tutional legal enforcement and to demonstrate generic character of constitutional legal enforcement theory for different countries. The methodology of the study includes general scientific methods (analysis, synthesis, de-scription) and legal methods. The main results and scope of their application. The author describes different measures of constitutional legal enforcement in the constitutional law of Brazil. Constitutions of foreign countries contain various measures of constitutional coercion as the main way to resolve constitutional conflicts. Among the measures of constitutional and legal coercion enshrined in the Brazilian Con-stitution are: holding the President accountable for abuse of power; temporary termina-tion of the powers of the President of the Republic during the process of bringing him to justice; prohibition of the President and Vice-President of the Republic to leave the terri-tory of the country for a certain period without the approval of the Parliament; recognition by the National Congress of the positions of the President and Vice-President as vacant if they fail to exercise their constitutional powers within 10 days of taking office;holding new elections when the positions of the President and Vice-President are declared vacant if they fail to exercise their constitutional powers within 10 days from the date of taking office. Conclusions. Depending on the constitutional system, the history of the state, measures of constitutional coercion may be different in content, but it remains possible to classify such measures depending on the main purpose of their application. The system of measures of constitutional legal enforcement, including measures of prevention, suppres-sion, restoration, responsibility and security is applicable not only for the Russian constitu-tional law, but also for constitutional law of foreign countries, in particular, Brazil.

scholarly journals INTERPRETASI MAHKAMAH KONSTITUSI TERHADAP PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG

2019 ◽  
Vol 4 (2) ◽  
pp. 97
Author(s):  
Anwar Hafidzi ◽  
Panji Sugesti
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Literature Study ◽  
Legal Norms ◽  
Legal Principles ◽  
State Institutions ◽  
General Elections ◽  
The Law ◽  
The Republic

Abstract: The Constitutional Court of the Republic of Indonesia has 4 (four) authorities and one obligation, as for those authorities, namely: (1) The Constitutional Court has the authority to adjudicate at the first and last level whose decisions are final to test the Law against the Constitution, (2) decide authority disputes of State Institutions whose authority is granted by the Constitution, (3) decide upon the dissolution of political parties, (4) and decide upon disputes about the results of general elections. The obligations, namely the Constitutional Court is obliged to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President. Beyond the specified authority, the Constitutional Court has increased its authority to test the Substitute Government Regulations. The research method used in this study is a type of normative legal research that is a literature study or documentary, by examining theories, concepts and legal principles. The results of this study found that there is indeed no rule that gives the Constitutional Court authority to test regulation in lie of law, but the Constitutional Court has the consideration that the legal norms contained in the Perppu are the same as the Law. The results of this study are that the interpretation used by constitutional justices to test Perppu is a teleological and sociological interpretation.Keywords: Interpretation; Test; PERPPU; Constitutional Court.

scholarly journals Esensi Dan Sinkronisasi Pengaturan Mengenai Persetujuan Presiden Dalam Proses Pidana Anggota DPR, Hakim Agung, Hakim Konstitusi, Dan Anggota BPK

2019 ◽  
Vol 9 (2) ◽  
pp. 141-161
Author(s):  
Novianto Murti Hantoro
Keyword(s):  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
Presidential Approval ◽  
Criminal Proceedings ◽  
The Public ◽  
The Supreme Court ◽  
History Of ◽  
The Republic ◽  
Synchronization Problems

The laws governing the House of Representatives, the Supreme Court, the Constitutional Court, and the Supreme Audit Board, each require the need for presidential approval in criminal proceedings against state officials in that institution. The public spotlight is more often directed at politicians by looking at the petition for judicial review submitted, even though the provision also applies to supreme judges, constitutional judges, and members of the Supreme Audit Board. The problem to be studied in this paper is what is the essence of the president's approval in the criminal process of members of the House of Representatives, supreme judge, constitutional judge, and members of the Supreme Audit Agency, as well as how to synchronize these arrangements. The essence of the president's approval was reviewed based on the opinion of the Constitutional Court stated in its decision, the history of the regulation in the law, and the reference to the norm in the 1945 Constitution of the Republic of Indonesia. Based on the results of the study, it is difficult to obtain certainty of the essence of the approval of the president, except in the context of maintaining the continuity of the wheels of government which is not appropriate if it is then carried out by giving authority to the president to give approval in criminal proceedings. The results of the study also found six points of synchronization problems. Based on the results of the study, three options are recommended, namely removing these provisions and looking for the options to establishing a forum previligiatum; regulate in separate laws, or be included as part of criminal procedural law.AbstrakUndang-undang yang mengatur Dewan Perwakilan Rakyat, Mahkamah Agung, Mahkamah Konstitusi, dan Badan Pemeriksa Keuangan, masing-masing mensyaratkan perlunya persetujuan presiden dalam proses pidana terhadap pejabat negara yang berada di lembaga tersebut. Sorotan masyarakat lebih sering ditujukan kepada politisi. Hal ini terlihat dari permohonan uji materi yang diajukan, padahal ketentuan tersebut juga berlaku untuk hakim agung, hakim konstitusi, dan anggota Badan Pemeriksa Keuangan. Permasalahan yang ingin dikaji dalam tulisan ini adalah apa esensi persetujuan presiden dalam proses pidana anggota Dewan Perwakilan Rakyat, hakim agung, hakim konstitusi, dan anggota Badan Pemeriksa Keuangan, serta bagaimana sinkronisasi pengaturan tersebut. Esensi persetujuan presiden dikaji berdasarkan pendapat MK yang tertuang dalam pertimbangan putusannya, sejarah pengaturan dalam undang-undang, dan rujukan norma tersebut di Undang Undang Dasar Negara Republik Indonesia Tahun 1945. Sinkronisasi pengaturan dilihat berdasarkan peristilahan, tindak pidana yang dikecualikan, dan pelaku penegakan hukum pidana. Berdasarkan hasil kajian, sulit mendapatkan kepastian esensi dari persetujuan presiden, kecuali dalam konteks untuk menjaga keberlangsungan roda pemerintahan yang itu pun tidak tepat apabila kemudian dilakukan dengan memberikan kewenangan kepada presiden untuk memberikan persetujuan dalam proses pidana. Hasil kajian juga menemukan adanya 6 (enam) ketidaksinkronan pengaturan mengenai persetujuan presiden tersebut. Berdasarkan hasil kajian tersebut direkomendasikan 3 (tiga) opsi, yaitu menghapus ketentuan persetujuan presiden tersebut dan mengkaji kemungkinan pembentukan forum previligiatum; mengatur dalam undang-undang tersendiri, atau dimasukkan sebagai bagian dari undang-undang hukum acara pidana.

scholarly journals Impeachment In The State System

2018 ◽  
Author(s):  
Substantive Justice ◽  
Nurwita Ismail
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Administration System ◽  
Procedural Law ◽  
Head Of State ◽  
System P ◽  
State Administration ◽  
Broad Interpretation ◽  
Constitutional System

PUBLISHED ON www.substantivejustice.id Vol.1 (1) March 2018 Impeachment In Constitutional System. This paper aims: To know and analyze how the impeachment arrangements in the Indonesian state administration system; To know and analyze how the legal process in impeachment mechanism before amendment and after an amendment of 1945 Constitution; by using Normative Method The study conducted in this research is the literature. Impeachment of the President and Vice President of his / her position is not new in the Indonesian state administration system. Both before the amendment and after the amendment of the 1945 Constitution. The 1945 Constitution of the amendment result has specified the provisions concerning the Impeachment of the President and Vice President as head of state. However, the mechanism of the impeachment process is determined in a constitutionally eliminative manner even though these reasons have a very broad interpretation and may be subjective, especially in a political institution of the DPR, by which there are several things to be considered in the impeachment process in Indonesia, such as the impeachment process in the House of Representatives Regional and process of Impeachment in the Constitutional Court. There is a need for the provision of legal products or the making of procedural law which regulates the impeachment of the President and Vice President.

II Constitutional Jurisprudence, 5 Powers and Conflicts

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
Separation Of Powers ◽  
Case Law ◽  
Constitutional Court ◽  
Reciprocal Relations ◽  
The Republic ◽  
Constitutional System ◽  
Constitutional Jurisprudence ◽  
The Relationship ◽  
Principal Lines

By presenting the Court’s principal lines of case law regarding the allocation of powers in the Italian constitutional system, this chapter explores the constitutionally regulated relationships among the President, Executive, Parliament, and Judiciary. It reveals that rather than a “separation of powers” in the conventional sense of contemporary constitutional models, the Italian system is best described as instituting a set of reciprocal “relations of powers” with the Constitutional Court as the “judge of powers” that maintains and guarantees these interrelationships of constitutional actors. The chapter explores this role of the Constitutional Court in its relations with both Parliament and the President of the Republic, as well as the Court’s regulation of the relationship between the President and the Executive.

scholarly journals RETHINKING KETENTUAN PERSENTASE SEBAGAI SYARAT PENCALONAN PRESIDEN DAN WAKIL PRESIDEN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I GUSTI NGURAH AGUNG SAYOGA RADITYA
Keyword(s):  
House Of Representatives ◽  
Mathematical Formulation ◽  
Vice President ◽  
Law Reform ◽  
Substantial Part ◽  
Legal Term ◽  
Formal Requirement ◽  
The Republic ◽  
Important Position ◽  
Electoral Law

Percentage provisions have a substantial part in the electoral law reform, especially for mathematical formulation. This research, that uses normative legal research method, showed that a legitimacy of percentage provision for candidacy requirement in President and Vice President Election is based on the legal authority of The House of Representatives. The 1945 Constitution of the Republic of Indonesia and most constitutions of other countries are not setting up a rigid formal requirement, like a minimum percentage, for presidential candidacy. A legal term has an important position in the making of law. A convention that uses “presidential threshold” as a term should be justified within a legal theoritical framework. Meanwhile, the perpetual discussion to create presidential system of government can works effectively, with a good support from the House of Representative, has always been a spirit but also a debatable material in every political acts in Indonesia. Legal formulation that used in Law No. 42-2008 must be viewed comprehensive so that justice and fairness in this political institutionalization process can be realized.

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