KONSTITUSIONALITAS DEKRIT PRESIDEN 5 JULI 1959 DAN MAKLUMAT PRESIDEN 23 JULI 2001
ABSTRACT: In 1959, Homeland
was in an emergency, In order to restore political stability at that time, then
President Soekarno took firm step to issue a decree wich contains the return to
the Constitution of 1945, dissolved the Constituent Assembly, and forming MPRS
and DPAS. This decree then could be implementedbecause of the support of the
military, and the people of Indonesia, and then this decree was added to the
state No. sheet 75 of 1959 and become decision of the President No. 150. On 30
April 2001, the House of Representatives of the Republic of Indonesia the
Plenary Meeting have dropped Memorandum II as outlined in the Decision of the
Board of Representatives of the Republic of Indonesia No. 47 / IV / 2000-2001dated
30 April 2001 to President Abdurrahman Wahid which states that 1) the President
has violated the Guidelines of State Policy (Guidelines), 2) Within 3 (three)
months, the President does not regard Memorandum, and 3) Provide 1 (one) month
to the President to respond to the Memorandum.Escalation of the conflict
increased when President Abdurrahman Wahid onJuly 23, 2001 at 1:10 pm President
of the Republic of Indonesia edict establishesthat contains clotting Indonesian
People's Consultative Assembly and the Houseof 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 NewOrder 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 President contrary to law. The legal writing was prepared by the author
through a normative juridicalanalysis based one through a historical approach
which seeks to assess the edictof President July 23, 2001 from the perspective
of Constitutional Law, which is based on the research results that the edict of
President July 23, 2001 a subjectiveemergency laws or unwritten (Ongeschreven
Staatsnoodrecht), because the reality is not found in the Indonesian
constitution or not a written rule. As far as the scientific study was
conducted by the authors, the controversy notices PresidentJuly 23, 2001 is
actually a form of resistance against President Abdurrahman Wahid political
dynamics that exist in the House of Representatives of theRepublic of Indonesia
and the People's Consultative Assembly of the Republic of Indonesia.
Penulis: Neysa Changnata
Kode Jurnal: jphukumdd151165
