CD Skripsi

Konstitusionalitas Dekrit Presiden 5 Juli 1959 Dan Maklumat Presiden 23 Juli 2001

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Constitutionality is a condition in which the entire administration of the state is based on the substance of the constitution. 1959 The Unitary State of the Republic of Indonesia in emergency situations because the constituent assembly failed to draw up a new Constitution for Indonesia. In order to restore political stability at that time, then the President take firm steps to issue a decree, which contains the return to the Constitution of 1945, dissolved the Constituent Assembly, and forming MPRS and DPAS. This decree could then be implemented because of the support of the military and the people of Indonesia, then this decree entered into the State Gazette No. 75 in 1959 and became the Presidential Decree No. 150.
The House of Representatives of the Republic of Indonesia dropped Memorandum I and II against President Abdurrahman Wahid reasons: 1) Violation of Article 9 of the 1945 Constitution regarding the oath of office, 2) Breaking MPR Decree No. XI / MPR / 1998 regarding the Free State of Corruption, Collusion and Nepotism, 3) Allegedly involved in Buloggate and Bruneigate, 4) Rated been lying to the public, 5) Rated inconsistencies in a statement.
Escalation of the conflict increased when President Abdurrahman Wahid on July 23, 2001 at 1:10 pm establish Notices President of the Republic of Indonesia, which contains the freezing of the Assembly of the Republic of Indonesia and the House of Representatives of the Republic of Indonesia, to restore sovereignty to the people, as well as to take action and prepare bodies required to hold elections within a year, saving a total reform movement of the barrier elements of New Order to freeze the Golkar Party's decision to wait for the Supreme Court of the Republic of Indonesia. Furthermore, the Supreme Court of the Republic of Indonesia on July 23, 2001 issued a legal considerations which contains the consideration that the Edict of the President contrary to law.
July 5, 1959 decree appears when Indonesia adheres to a parliamentary system of government, while the edict in the presidential system of government, and President Abdurrahman Wahid was elected by the Assembly. July 5, 1959 decree issued in a political situation that is in accordance with the terms of staatsnoodrecht, in contrast to the Edict of July 23, 2001 were not met staatsnoodrecht element. And an important requirement of a constitutional decree or edict is when it is effective, it can be concluded that the Decree of July 5, 1959 is constitutional and Notices July 23, 2001 is unconstitutional.
Writing this law was prepared by the author through an analysis of juridical normative based one through a historical approach (historical approach) which seeks to assess the Decree July 5, 1959 and the Edict of the President of July 23, 2001 from the perspective of the Constitutional Law, which is based on the research results that the Decree and Edict of the President of July 23, 2001 is a product of subjective martial law or unwritten (Ongeschreven Staatsnoodrecht), because the reality is not found in the constitution of Indonesia or not a written rule. So far this scientific study conducted by the authors, the controversy Decree July 5, 1959 and July 23, 2001 Presidential edict actually an unconstitutional act, but be constitutional when the Decree came into force.
Keywords: -Dekrit -Maklumat -Staatsnoodrecht

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 115 (0024)

Penerbit

Pekanbaru : Universitas Riau - Fakultas Hukum - Hukum Tata Negara., 2015

Deskripsi Fisik

viii, 114 hlm.: ill.; 29 cm

Bahasa

ISBN/ISSN

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Klasifikasi

09 03. 115 (0024)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

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