ANALISIS YURIDIS TERHADAP HAK PREROGATIF PRESIDEN SEBELUM DAN SESUDAH AMANDEMEN UNDANG-UNDANG DASAR 1945
ABSTRACT: Amendment Act of 1945
that occurred in the era of reform based on a commitment to reinforce the
Presidential system. Instead, the powers of the President as head of state
seems limited by the meddling of other state institutions such as parliament, it
weakens the system as the prerogative of the presidency itself. Prerogative is
one muntlak rights owned by the President as head of state. Practice of the
presidency in Indonesia established since 18 August 1945, Indonesian has a
constitution which became the basis for a set of government (1945) and the
presidency, which led the entire nation. In fact, the prerogative established
in the Act of 1945 reduced that the institution of Parliament who are members
of the prerogative of the President. Therefore, this study aimed to understand
the prerogative of the president in Indonesia in the reform era at once formulate
implications for the executive and legislative relations and the implementationof
the ideal. This type of research can be can be classified into types of
normative juridical research, because it makes the literature as the main
focus. Source of data used, the primary legal materials, secondary law, and
tertiary legal materials. Data collectiontechniques in this study using the
method of literature study. The results showed that the application of the
prerogative of the President in a presidential system of government actually
weaken the presidential system and haveimplications for the executive and
legislative relations. Some of the things that theimplications are; First, the
number of political interests. Second, the absence of regulation of the
relationship between state institutions. Third, the weak position of the
President as head of state. Prinip ideally application prerogative of the
President, in order to create stability prerogative of the President of
Indonesia, there are several things that need to be addressed within the
prerogative of the President of our system, namely: First, setting the relationship
between state institutions, second, does not always have to associate with politics,
and Third, strengthening the institutional design of the presidency. The author
suggests needed muntlak its prerogatives defined by the rules of law more
clearly so that it will produce a strong and efficient government and the
effort to strengthen the position of President of the institution of the
presidency that is not weak against the Parliament, by way of separation
institution of the presidency of the Council of Representatives (DPR) and the
prerogative of the President through the rules of the Act are clear.
Penulis: M. JAMHURI
Kode Jurnal: jphukumdd151211
