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.

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 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 Kajian Yuridis Hak Angket Dewan Perwakilan Rakyat Terhadap Komisi Pemberantasan Korupsi (Dikaji dari Perspektif Hukum Tata Negara)

Acta Comitas ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 142
Author(s):  
I Gusti Ngurah Adityanatha
Keyword(s):  
House Of Representatives ◽  
Attorney General ◽  
Scientific Research ◽  
Vice President ◽  
Independent State ◽  
State Commission ◽  
State Administration ◽  
Constitutional System ◽  
The Right ◽  
National Police

The House of Representatives as a legislative commission has the privilege of being a right of inquiry in order to run a system of government that is check and balances. With regard to the right of inquiry The House of Representatives to The Corruption Eradication Commission, it is feared to be used as a means to influence and interfere with The Corruption Eradication Commission, even weaken the role of The Corruption Eradication Commission as an independent institution free from any influence of power. Regarding the formulation of the problem in this scientific research is, how the position of The Corruption Eradication Commission in the constitutional system in Indonesia as an independent institution? and whether The House of Representatives may use the right of inquiry to The Corruption Eradication Commission? The type of research used in this scientific research is normative legal research. The Corruption Eradication Commission is an independent state commission in Indonesia that is outside the realm of the three original powers of executive, legislative, and judicial (trias potilica) in the state administration system in Indonesia, so that The Corruption Eradication Commission can not be subject to the right of inquiry by The House of Representatives. It is also reinforced by the subject of a limited questionnaire on the implementation of a law and / or government policy carried out solely by The President, Vice President, State Minister, Commander of the Indonesian National Army, the Chief of the Indonesian National Police, the Attorney General, or the non-ministerial government agencies. Dewan Perwakilan Rakyat sebagai lembaga legislatif memiliki hak istimewa yakni hak angket dalam rangka menjalankan sistem pemerintahan yang bersifat check and balances. Terkait dengan hak angket terhadap Komisi Pemberantasan Korupsi oleh Dewan Perwakilan Rakyat, dikhawatirkan digunakan sebagai sarana untuk mempengaruhi dan mengintervensi Komisi Pemberantasan Korupsi, bahkan dapat melemahkan peran Komisi Pemberantasan Korupsi sebagai lembaga independen dan bebas dari pengaruh kekuasaan manapun. Mengenai rumusan masalah dalam karya ilmiah ini yaitu, bagaimanakah kedudukan Komisi Pemberantasan Korupsi dalam sistem ketatanegaraan di Indonesia sebagai lembaga independen? dan apakah Dewan Perwakilan Rakyat dapat menggunakan hak angket terhadap Komisi Pemberantasan Korupsi? Jenis penelitian yang digunakan pada karya ilmiah ini adalah penelitian hukum normatif. Komisi Pemberantasan Korupsi merupakan komisi negara independen di Indonesia yang berada di luar ranah tiga poros kekuasaan asli yaitu eksekutif, legislatif, dan yudisial (trias potilica) dalam sistem ketatanegaraan di Indonesia, sehingga Komisi Pemberantasan Korupsi tidak dapat dijadikan subjek dari hak angket oleh Dewan Perwakilan Rakyat. Hal tersebut juga diperkuat dengan subjek dari hak angket yang terbatas pada pelaksanaan suatu undang-undang dan/atau kebijakan pemerintah yang dilaksanakan sendiri oleh Presiden, Wakil Presiden, Menteri Negara, Panglima Tentara Nasional Indonesia, Kepala Kepolisian Negara Republik Indonesia, Jaksa Agung, atau pimpinan lembaga pemerintah non-kementerian.

scholarly journals MPR DALAM SISTEM KETATANEGARAAN INDONESIA (STUDI KOMPARATIF ANTARA SEBELUM DAN SESUDAH PERUBAHAN UUD 1945)

2021 ◽  
Vol 16 (1) ◽  
pp. 91
Author(s):  
I Wayan Eka Santika ◽  
I Gede Sujana
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
Vice President ◽  
State Institutions ◽  
Library Research ◽  
The People ◽  
State Administration ◽  
Before And After ◽  
Election System ◽  
Constitutional System

<p><em>The purpose of this research was to determine the People's Consultative Assembly in the Indonesian constitutional system. This research was a type of library research which is descriptive analytic through a qualitative approach that is based on comparative studies. The results of this research indicated that there are fundamental differences between the People's Consultative Assembly before and after the amendment to the 1945 Constitution. The differences included (1) the change in the position of the People's Consultative Assembly from the highest state institution to a state institution that is equal to other state institutions, (2) changes in the membership structure of the People's Consultative Assembly from those previously consisted of House of Representatives, Group Envoys and Regional Representatives, then became members of the House of Representatives and Regional Representative Board members, (3) the policy to appoint People's Consultative Assembly members was replaced by an election system, (4) the People's Consultative Assembly no longer stipulates the Broad Outlines of the Nation's Direction along with filling the position of President through participation the people directly in the election, (5) limitation of the People's Consultative Assembly's authority in amending the 1945 Constitution, (6) the inauguration of the President and / or Vice President in normal and abnormal conditions, (8) the authority of the People's Consultative Assembly to dismiss the President and / or Vice President must be through a forum previlegiatum.</em></p><p><strong>Keywords</strong>: <em>People's Consultative Assembly, State Administration, Amendment to the 1945 Constitution.</em></p>

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

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 ANALISIS YURIDIS MEKANISME PEMAKZULAN PRESIDEN DAN WAKIL PRESIDEN MENURUT UUD NEGARA REPUBLIK INDONESIA TAHUN 1945 (SETELAH PERUBAHAN)

Jurnal Hukum ◽  
2020 ◽  
Vol 36 (1) ◽  
pp. 46
Author(s):  
Zainal Arifin
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Arabic Language ◽  
The State ◽  
Constitutional Court ◽  
Western Countries ◽  
The Law

The term impeachment is not explicitly written in the constitution. In Big Indonesian Dictionary New Edition deposed mentioned is put positions; king abdicated. Prof. Jimly Asshiddiqie explained, impeachment is the uptake of the Arabic language which means derived from office. Or equal to the term 'impeachment ' in the constitution of Western countries. Dismissal of the President and / or Vice President of the mechanism is already provided for in Article 7A and 7B 1945. Prior to MPR dismiss both the President and / or Vice President , the mechanisms that must be taken is the first , the proposed dismissal of the President and / or Vice- president of the Board House of Representatives to the Assembly with only first submit a request to the Constitutional Court to examine, and decide upon the opinion of the House that the President and / or Vice President has violated the law in the form of treason against the State , corruption , bribery , criminal acts other heavy , or moral turpitude ; and / or opinions that the president and / or vice president is no longer eligible as president and / or vice president.

scholarly journals KAJIAN KRITIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 013-022/PUU-IV/2006 TENTANG PEMBATALAN PASAL PENGHINAAN TERHADAP PRESIDEN

2019 ◽  
Vol 4 (1) ◽  
pp. 97-114
Author(s):  
Adhya Satya Bangsawan
Keyword(s):  
Legal Reasoning ◽  
Vice President ◽  
Freedom Of Speech ◽  
Criminal Code ◽  
The State ◽  
Constitutional Court ◽  
Ordinary People ◽  
Head Of State ◽  
The Status ◽  
Legal Consequences

This article discusses the legal reasoning used by the Indonesian Constitutional Court in its Decision No. 013-022/PUU-IV/2006. The object of the constitutionality review is Article 134, 136 bis, and 137 of the Indonesian Criminal Code which contained the ban of insult action toward the president/vice president. Those norms have been declared null and void based on the argument that those norms were not criminal acts. Hence, this article stresses that the annulment of those norms may give negative legal consequences toward the protection of president/vice president’s dignity. Freedom of speech is categorized as a right of expression in which its performance is undertaken restrictively. This article argues that the ban of insult action toward the president/vice president is a constitutional limitation to the freedom of speech. The status of president/vice president shall not be considered as equal with ordinary people since the president/vice president is the head of state and also the symbol of the state.

scholarly journals Reviving the Broad Guidelines of State Policy (GBHN) as the Product of People’s Consultative Assembly (MPR) in the Presidential Government System in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (4) ◽  
pp. 307
Author(s):  
Yusdiyanto Yusdiyanto
Keyword(s):  
State Policy ◽  
Separation Of Powers ◽  
National Development ◽  
Vice President ◽  
Development Planning ◽  
Financial Supervision ◽  
Planning System ◽  
Constitutional Court ◽  
The People ◽  
Constitutional System

The research aims to enlight the overview about the urgent of the Broad Guidelines of State Policy (GBHN) as the product of the People’s Consultative Assembly (MPR) by using the dogmatic approach. The amendment of the 1945 Constitution has changed the Indonesian constitutional system. According to the article 2 paragraph (1) of the 1945 Constitution, highest authority remains in the hands of the people and is carried out according to the Constitution. The constitutional design of the Indonesian government system is presidential. However, the implementation often reaps many obstacles and problems, the consequences of amendments, eliminating the authority of the People’s Consultative Assembly (MPR) in terms of electing the President and Vice President, and determining the Broad Guidelines of State Policy (GBHN). MPR is no longer placed as the highest institution of the country and the perpetrators of popular sovereignity. The Constitution which is the holder of popular sovereignty in the practice adheres to a clear and strict understanding of the separation of powers. Like in the legislative field there are People’s Consultative Assembly (MPR), House of Representatives (DPR) and Regional Representative Board (DPD); in the executive field there are Presidents and Vice Presidents elected by the people; in the judicial sector there are the Supreme Court, the Constitutional Court and the Judicial Commission; in the field of financial supervision there is a Indonesian Supreme Audit Institution (BPK). Changes in the position, function and authority of the MPR have implications for the emergence of the National Development Planning System and the National Long-Term Development Plan which became the authority of the elected President. The President that won the election as a basic guidelines for implementing development as the replacement of the GBHN.  

scholarly journals Telaah Efektivitas Mekanisme Pemberhentian Presiden Indonesia: Perbandingan Praktik Amerika Serikat dan Korea Selatan

2021 ◽  
Vol 1 (2) ◽  
pp. 211
Author(s):  
Muhammad Yoppy Adhihernawan ◽  
Annisa Nur Fadhila
Keyword(s):  
United States ◽  
South Korea ◽  
Vice President ◽  
The United States ◽  
Constitutional Court ◽  
Final Decision ◽  
United States South ◽  
Judicial Intervention ◽  
Constitutional System ◽  
Presidential Systems

Impeachment is a part of the control mechanism in the constitutional system to allege the President's violation of the constitution. Impeachment characterizes presidential systems as implemented in various countries, such as the United States, South Korea, and Indonesia. This study aimed to examine the rule and practice on the impeachment of the President and/or Vice President in Indonesia, with reference to the United States and South Korea. Then, it analyzed how this mechanism is effective to be implemented in Indonesia. This study used a juridical research method with a comparative law approach. This study indicated differences in impeachment in the United States, South Korea, and Indonesia. The impeachment mechanism in the United States only involved representative institutions, but that in Indonesia and South Korea required judicial intervention. In particular, Indonesia's impeachment dealt with the decision that remained in the hands of the political institution, the People's Consultative Assembly. In South Korea, the final decision ended in the judicial institution. Through this comparison, Indonesia should reformulate the impeachment mechanism of the President and/or Vice President in Indonesia with the following suggestions. First, regarding allegations of serious violations, the final impeachment decision must be in the Constitutional Court. Second, concerning allegations of misconduct, the decision on impeachment must rest with the People's Consultative Assembly. KEYWORDS: Impeachment, Indonesia, South Korea, United States.

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