Pemberhentian Presiden Dalam Negara Kesatuan Republik Indonesia
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Institusion
Universitas Muhammadiyah Gresik
Author
Sari, Novita
Subject
Law
Datestamp
2021-09-30 08:59:02
Abstract :
The dismissal of the President and/or Vice President is regulated in the constitution as a legal basis after amendments which detail the reasons for the dismissal of the president and/or vice president during their term of office with the provisions of Article 3 Paragraph (3), Article 7A, Article 7B and Article 24C. Paragraph (2) of the 1945 Constitution. The purpose of this study is to analyze and find the strength of the decision of the Constitutional Court in the case of dismissal of the President and/or Vice President. Regarding the proof of the DPR's accusations in the Constitutional Court and how the application of the Constitutional Court's decision in carrying out the impeachment of the President. This research is a normative legal research, namely a qualitative approach which is carried out by first examining the written laws and regulations established by authorized institutions or officials and binding in general. The results of this study indicate that the strength of the decision of the Constitutional Court in the case of dismissal of the President and/or Vice President is legally binding because there is no legal rule that stipulates that the decision of the Constitutional Court can be reviewed, although it is the People's Consultative Assembly that determines the dismissal of the President and/or Vice President. (MPR). Thus, it reflects that Indonesia is fully the function of a constitutional state as regulated in Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia.
The dismissal of the President and/or Vice President is regulated in the constitution as a legal basis after amendments which detail the reasons for the dismissal of the president and/or vice president during their term of office with the provisions of Article 3 Paragraph (3), Article 7A, Article 7B and Article 24C. Paragraph (2) of the 1945 Constitution. The purpose of this study is to analyze and find the strength of the decision of the Constitutional Court in the case of dismissal of the President and/or Vice President. Regarding the proof of the DPR's accusations in the Constitutional Court and how the application of the Constitutional Court's decision in carrying out the impeachment of the President. This research is a normative legal research, namely a qualitative approach which is carried out by first examining the written laws and regulations established by authorized institutions or officials and binding in general. The results of this study indicate that the strength of the decision of the Constitutional Court in the case of dismissal of the President and/or Vice President is legally binding because there is no legal rule that stipulates that the decision of the Constitutional Court can be reviewed, although it is the People's Consultative Assembly that determines the dismissal of the President and/or Vice President. (MPR). Thus, it reflects that Indonesia is fully the function of a constitutional state as regulated in Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia.
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