CD Skripsi
Bentuk Perbuatan Tercela Presiden Dan/Atau Wakil Presiden Sebagai Syarat Pemberhentian Dalam Masa Jabatan Di Indonesia
ABSTRACT
Though the concept of checks and balances in Indonesia is dominated by the
power of the legislature, the Parliament cannot process and make a decision on its
own opinion, but rather submit the proposal to the Constitutional Court first. The
Parliament in its opinion regarding the proposed dismissal of the President and/or
Vice President does not have an sufficient legal basis.
This type of research can be classified into normative legal research with the
type of legal systematics and legal history. This research uses data sources in the
form of secondary data with literature study-based data collection techniques. The
legal systematic approach or statute (statute approach) is carried out by examining
all laws and regulations related to the issue being studied, namely laws and
regulations related to disgraceful acts of the President and/or Vice President. The
historical approach is related to legal history related to the existence of reasons for
misconduct that can be used as a condition for dismissal during the term of office
of the President and/or Vice President, while the comparative approach is carried
out by comparing the Indonesian constitution and legislation with other relevant
countries.
From the results of the research, there are two main things that can be
concluded. First, the form of misconduct that can be used as a condition for the
dismissal of the President and/or Vice President in the term of office regulated in
Indonesian legislation still does not have clarity in the applicable regulations. Both
using historical and statutory approaches, there are no specific rules explaining the
forms of misconduct. Some regulations that mention misconduct are the
Constitutional Court Law, the General Election Law, and the Constitutional Court
Decision, all of which have not yet provided a clear explanation. Second, the ideal
forms of regulation of misconduct as a condition for the dismissal of the President
and/or Vice President in a term of office if examined more deeply must be
interpreted coherently and specifically. In this case, Indonesia can follow the
concept used by Brazil and the United States. Disgraceful acts must at least be
defined concretely and not limited to criminal offenses, but also violations of
administration, state administration, or social and community norms so that the
moral burden of responsibility can be attached and appropriate for the President
and/or Vice President who is the leader of the state. This ideal form can be outlined
in the form of laws or other implementing regulations, which will provide the clarity
and guidance needed in carrying out the duties of the President and/or Vice
President.
Keywords: Misdemeanor, Brazil, Liability, Parameters
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