scholarly journals PANDEMI COVID-19 SEBAGAI ALASAN IMPEACHMENT PRESIDEN PRESPEKTIF HUKUM TATA NEGARA

2020 ◽  
Vol 8 (2) ◽  
pp. 163-178
Author(s):  
Muchlisin Muchlis Muchlisin
Keyword(s):  
Fourth Amendment ◽  
The State ◽  
Vice Presidents ◽  
Head Of State ◽  
The Law ◽  
Head Of Government

In the development of carrying trust as head of state as well as head of government, a president must execute the mandate that is contained in the law. This research was conducted to see the foundation used in the presidential impeachment, as well as whether the Covid-19 pandemic could be a reason for the president's impeachment. The author finds that there are several reasons for the impeachment in Indonesia, which is appropriate in security – Constitution 1945 Article 7A fourth amendment. States that the President and Vice-Presidents may be dismissed during his tenure by the MPR on the proposal of the DPR. In this case, of course, if it is proven to commit a violation of the law in the form of a blasphemy against the state, corruption, bribery, or other serious criminal acts.      

Book III Privileges and Immunities, 12 Privileges and Immunities of the State, The Head of State, State Officials, and State Agencies

2016 ◽  
Author(s):  
Fox Hazel
Keyword(s):  
International Law ◽  
The State ◽  
Legal Person ◽  
State Agencies ◽  
General Description ◽  
Customary International Law ◽  
State Immunity ◽  
Head Of State ◽  
Written Form ◽  
The Law

This chapter provides an account of the immunities of the State, its officials, and state agencies in international law. It first offers a general description of the plea of state immunity and a brief historical account of the development of the law of state immunity. Then it briefly sets out the law relating to the immunities of the State itself as a legal person, followed by the law applicable to its officials and to state agencies. In addition an account based on customary international law will be provided on the immunities of senior state officials. The chapter concludes by taking note of the extent to which the practice of diplomatic missions at the present time accords with requirements of state immunity law as now set out in written form in the 2004 UN Convention on the Jurisdictional Immunities of States and their Property.

Part IV Other Immunities, 18 Immunity of Individuals acting on behalf of the State

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Foreign Minister ◽  
The State ◽  
Head Of State ◽  
The Status ◽  
The Individual ◽  
Head Of Government

This chapter considers the immunities of individuals; including the head of State, head of government, the Foreign Minister, officials when on special missions, and other personnel in the service of the State to whom immunity is accorded. Immunity based on the nature of the act is sometimes called ratione materiae as compared to ratione personae, which is based on the status of the State that performs the act. But, given that, unlike the individual who may cease to serve, lapse of time is generally irrelevant to the State (who under the restrictive doctrine remains a State throughout), and in order to avoid confusion these terms are confined to immunity enjoyed by State officials.

Constitutional limitations on the Treatymaking Power

1941 ◽  
Vol 35 (3) ◽  
pp. 462-481 ◽  
Author(s):  
J. Mervyn Jones
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
The State ◽  
Modern Theory ◽  
International Agreement ◽  
Treaty Of Versailles ◽  
Head Of State ◽  
Law Of Nations ◽  
The Law

It is impossible to deny that the early rule of international law was that the head of state, either directly or through his agents, was alone competent to make treaties, which were binding upon his successors. This was natural at a time when no type of international agreement was known other than the treaty in solemn form to which monarchs were parties. Today, new types of agreement have come into being, to which the parties are not heads of states but either the state itself (as in the Treaty of Versailles, 1919) or governments or departments of state. In all these cases, and even in cases where the parties are formally the heads of states, the unit now considered to be bound is the state, through its organs. This substitution of states for monarchs as the subjects of the law of nations, at any rate in the matter of treaties, has been brought about very largely by the French and American Revolutions of the eighteenth century, and by the development of the notion of the state as an international person. The question of the competence to make treaties binding on states, who may by their laws have limited that competence, has therefore become one of great interest in modern theory.

scholarly journals Rezim Baru Monarki Thailand: Antara Darurat Militer Dan Kesejahteraan Sosial Di Wilayah Selatan

2019 ◽  
Vol 1 (2) ◽  
pp. 167
Author(s):  
Bayu Mitra A. Kusuma ◽  
Theresia Octastefani
Keyword(s):  
Social Welfare ◽  
Prime Minister ◽  
The State ◽  
Martial Law ◽  
Uncertainty Condition ◽  
Social Resistance ◽  
Head Of State ◽  
Southern Thailand ◽  
Muslim Communities ◽  
Head Of Government

Muslim communities in Southern Thailand have experienced in discrimination among in economic, social, and politics. This condition has even occurred in the last seven decades under King Bhumibol Adulyadej, who was known   to be wise king. Basically, King Bhumibol as the head of state always stated that social welfare approace is the best way to solve the problem, but almost every Thai Prime Minister as the head of government unfortunately always uses a militaristic approach that triggers social resistance. Since King Bhumibol died, Thailand has faced with the potential crisis for two reasons. First, Maha Vajiralongkorn as a successor, he is considered have different charisma with his father because he is very glamorous and have controversial lifestyle. Secondly, the absence of King Bhumibol, who has been a counterweight to the state made the Thai military more often coups. This conditions give impact to Muslim communities in the South who always live with uncertainty condition with two possibilities. First, Muslim communities have a better life under the new monarchy regime with social welfare and humanity approaches. Secondly, the condition of the Muslim communities will remains stagnant under the controversial king with continued by martial law.

TINJAUAN TENTANG PERAN DAN FUNGSI LEMBAGA-LEMBAGA NEGARA DI INDONESIA

2020 ◽  
Vol 12 (33) ◽  
Author(s):  
Subhan Sofhian
Keyword(s):  
State Institution ◽  
The State ◽  
State Institutions ◽  
Government Institutions ◽  
Head Of State ◽  
State Apparatus ◽  
Presidential System ◽  
The Republic ◽  
The Government ◽  
Head Of Government

Indonesia is a country that is still developing with principles on the four pillars of nationality, namely Pancasilan, the 1945 Constitution, Bhineka Tungga Ika and the Republic of Indonesia. In executing the government by using a presidential system, the president's duty is not only as head of state, but also as head of government. Also in organizing government institutions the state becomes a barometer in measuring the success of government governance. State apparatus consisting of MPR, DPR, DPD, President, BPK, MA, KY and MK are state institutions whose duties and authorities are regulated in the 1945 Constitution. This article discusses the roles, duties and functions of state institutions, sanctions imposed on deviant state institutions. In this paper deliberately the compilers bring up various supporting theories and examine and discuss the tasks, roles and functions, so that we know that the institutions of this state participate and play a role in advancing the survival of the nation and state.Keywords: Function, State Institution, Role, Presidential.

scholarly journals KEPEMIMPINAN DALAM ISLAM SERTA PRINSIP-PRINSIP PEMERINTAHAN DALAM AL-QURAN

2019 ◽  
Vol 3 (1) ◽  
pp. 61
Author(s):  
Hemlan Elhany
Keyword(s):  
Civil Society ◽  
The State ◽  
Community Leader ◽  
Divine Revelation ◽  
Head Of State ◽  
Diverse Communities ◽  
Prophetic Mission ◽  
Head Of Government ◽  
Civilized Society

Immediately, after the Prophet Muhammad received the revelation he began his prophetic mission. Through a very heavy struggle, for 13 years in Mecca, he only gained followers of no more than 100 people. After migrating to Medina, he gained a lot of sympathy and followers, even able to build a free and independent Islamic community under the leadership of the Prophet. In this city of Medina, in less than two years, he has published a charter which regulates the life and relationships between such diverse communities. The charter is known as the Charter of Medina (Shohifah-Madinah). In the 10-year period the Prophet in Medina had built a (civilized) society, civil society. In this country of Medina, for Muslims, the Prophet Muhammad is everything. He is the Apostle of Allah with authority based on prophethood as well as community leader and head of state, head of government. He became the leader of God's decree. As a leader sharing decisions is taken through deliberation, and if the decision is determined based on his personal instincts he always controls by divine revelation. The Qur'an is a perfect norm of life for mankind. In there are concepts about ethics, politics, economics, and society. There are a number of verses that contain instructions and guidelines in the life of society and the state, in terms of leadership and government.

scholarly journals PEMAKZULAN PRESIDEN DALAM PERSEPSI KONSTITUSI (STUDI KASUS PRESIDEN ABDURRAHMAN WAHID)

2017 ◽  
Vol 16 (1) ◽  
pp. 47
Author(s):  
Arie Sulistyoko
Keyword(s):  
Vice President ◽  
The State ◽  
Legal Basis ◽  
Policy Action ◽  
Head Of State ◽  
The Law ◽  
The Republic ◽  
Important Position

The affirmation of state idea that based upon the law proves that the law is put in an important position in the life of the state as the embodiment of the sovereignty of law. Therefore, every attitude, policy, action or behavior of tools and citizens in the life of the nation obey the applicable rules or laws. It is applied equally to every citizens, no exception to the President as head of state and government. Before the changes to the 1945 Constitution, the President and/or Vice-President can be dismissed for reasons that are political, not judicial. It is happened to President Abdurrahman Wahid that was dismissed from office by the Assembly by not using the constitution of the Republic of Indonesia of 1945 as the legal basis but using TAP MPR number III year 1978.

scholarly journals Privilegios procesales inconstitucionales e innecesarios en la España democrática del siglo XXI: el sorprendente mantenimiento de la institución del aforamiento

2016 ◽  
pp. 239
Author(s):  
Juan-Luis Gómez Colomer
Keyword(s):  
Legal Culture ◽  
Civil Servants ◽  
Constitutional Reform ◽  
Drastic Reduction ◽  
Additional Measure ◽  
Head Of State ◽  
The Law ◽  
Head Of Government

España contempla una medida de inmunidad adicional para altas autoridades, funcionarios y cargos públicos consistente en el conocimiento por un tribunal superior al ordinario legal de las causas contra ellos en caso de haber cometido delito, llamada aforamiento, que es prácticamente inexistente en el mundo jurídico occidental al que nuestro país pertenece. Además, su extensión es vergonzosa, pues están aforadas más de 250.000 autoridades, funcionarios y cargos públicos, lo que la hace indefendible ante el ciudadano normal. Es además inconstitucional, por las razones que explicamos en el texto, ya que representa un privilegio vulnerador del principio de igualdad. En este artículo se propone su drástica reducción, dejando aforadas como máximo a dos figuras constitucionales, el Jefe del Estado y el Jefe del Gobierno, para lo que evidentemente hay que reformar la Constitución.Spain contemplates an additional measure of immunity for high authorities, civil servants and public officers, which consists on being tried by a court that is superior to the legal ordinary one, in case that they have committed a felony. This figure, known as «aforamiento», is practically inexistent in the western legal culture to which our country belongs. Furthermore, its extension is shameful, since more than 250.000 high authorities, civil servants and public officers benefit from this privilege, making it indefensible before normal citizens. It is also unconstitutional for the reasons we explain in this paper, because it represents a privilege that is contrary to the principle of equality before the law. This study proposes a drastic reduction, maintaining the privilege for a maximum of two constitutional figures, the head of state and the head of government, a purpose that evidently requires a constitutional reform.

scholarly journals PEMAKZULAN KEPALA NEGARA

2017 ◽  
Vol 15 (2) ◽  
pp. 127-150
Author(s):  
Abdul Rahman
Keyword(s):  
State Government ◽  
Political Stability ◽  
The State ◽  
Islamic State ◽  
Head Of State ◽  
State Administration ◽  
The Law ◽  
Heads Of State ◽  
Parliamentary Oversight

Abstract: Impeachment is often interpreted as impeachment, whereas both are academically different. Impeachment is to demand the accountability of the president/ head of state in the context of parliamentary oversight to the president, if the president violates the law. While impeachment means to be relegated or substituted to the state/ government from his post after going through the impeachment process. There are differences and similarities between impeachment concepts in the Indonesian constitution with the concept of Islamic state administration, only the concept offered by Islamic constitution is more universal. Al-Mawardi's thoughts can be used as a new offer to improve the impeachment concept in Indonesia's constitution, namely: (1) the reasons for the dismissal of the president when the president is made political puppet by his family or nearest people; and (2) the implementation or effectiveness of the law when it occurs the dismissal of heads of state from these two concepts provides different political stability. Of the two concepts of the Indonesian constitution provides good political stability with the tempo in the process of trial.

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