Jurnal Ilmiah Hukum: De'Jure (May 2016)

PEMBERHENTIAN PRESIDEN DAN/ATAU WAKIL PRESIDEN REPUBLIK INDONESIA PASCA AMANDEMEN UUD NRI TAHUN 1945

  • H. Deni Nuryadi, S.H., M.H.,
  • Pamungkas Satya Putra, S.H., M.H.

Journal volume & issue
Vol. 1, no. 1
pp. 136 – 148

Abstract

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Law has a central position in the constitutional system is based on the Constitution of the Republic of Indonesia Year 1945 (hereinafter be referred to the UUD NRI 1945), Article 1 (3) stated explicitly that "Indonesia is a state of law". As for the dismissal of a public office should be based on clear regulations on the legal position of a person, especially high state officials in order to ensure legal certainty itself. The President as Head of State and Head of Government (in The Republic of Indonesia) played an important role in countries that follow a presidential system. An examination of this case is not the first time to do, but in this paper there is an attempt to better understand the setting Dismissal President and/or Vice President of the Republic of Indonesia. In the history of cross constitutional laws the Republic of Indonesia President Sukarno (in 1967) and President Abdurahman Wahid (in 2001) is a portrait of "Dismissal President" whichever occurs through the stages of state regulations, which until now could be a matter of debate in length and may be a lot of arguments can be proven in terms of legal, political and even morality.

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