CD Skripsi
Hak Prerogatif Presiden Menerbitkan Peraturan Pemerintah Pengganti Undang-Undang Dengan Dasar Kegentingan Memaksa
ABSCTRACT
One of the prerogatives of the President of the Republic of Indonesia is to
issue a Government Regulation in Lieu of Law (Perppu). Article 22 of the 1945
Constitution explains that "In the case of a compelling urgency, the President has
the right to stipulate government regulations in lieu of laws. The historical
dynamics of laws and regulations in Indonesia show that the background for the
issuance of Perppu by the president is generally different. This is due to the fact
that the benchmark "Forcing urgency" is always multi-interpretable and the
president's subjectivity is large in interpreting the "Forcing urgency" as the basis
for the issuance of Perppu, n fact, there is often a proverb in the community that
perppu is generally formed not because of a compelling urgency, but because of a
President personal interest..
This type of research can be classified as normative juridicial research
with a statutory and historical approach. The data collection technique in this
research is literature study, after the data is collected then analyzed to draw
conclusions.
The results of this study are: First, the prerogative of the President of the
President to issue is obtained from the authority of the Delegative President
which comes from the legislative authority. The Perppu which was formed on the
basis of the urgency of forcing it should not limit Human Rights (HAM) and the
president's interpretation in issuing the Perppu is no longer subjective but has
been regulated by the Constitutional Court Decision No. 138/PUU-VII/2009.
Second, the Perppu issued in 2015 – 2020 has fulfilled the element of coercion
based on the Constitutional Court Decision Number 138/PUU/VII/2009.
Keywords: President’s Prerogative, Perppu, Force Urgency
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