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All Journal Risalah Hukum
Poppilea Erwinta
Fakultas Hukum Universitas Mulawarman
Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Hukum Penerapan Presidential Threshold dalam Pemilihan Umum di Indonesia Asep Wijaya; Rosmini; Poppilea Erwinta
Jurnal Risalah Hukum Volume 16, Nomor 1, Juni 2020
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v16i1.316

Abstract

Presidential Threshold is a problem because the dynamics of politics is dynamic. The number of votes gained by a political party in the last general elections will likely get the same number of votes at the time of the general elections. Moreover, the urgency of the diatity of this condition then reduce the right of everyone to get the same opportunity in the Government. Threshold of presidential nominations including open legal policy due to the source of attribution authority in the Constitution, especially in article 6A paragraph (2) and article 22E paragraph (6) of the Republic of the State law Indonesia year 1945 as a higher legal norm does not regulate or give limits to anyone who wants to run for presidential candidate and vice president. Keywords: constitution, general election, submission of candidate pair, threshold
Perbandingan Konstitusional Pengaturan Impeachment Presiden Antara Indonesia Dengan Jerman Adella Anindia; Rosmini; Poppilea Erwinta
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.600

Abstract

The impeachment system in Germany is implemented slightly differently from that applied in Indonesia. The impeachment system in Germany is executed by the Constitutional Court whose decision is final, which means that it does not receive a 2/3 proposal from the Bundestag and the Bundestraat regarding the dismissal of the President and Vice President as in Indonesia. The regulation of the impeachment system in a country needs to be studied by involving a comparison country to find out whether the impeachment system in a country runs optimally and ideally. Comparison of Impeachment between Indonesia and Germany, The mechanism for dismissing the president as regulated in the constitution is an affirmation that the Republic of Indonesia is a state of law, this is a step forward in a constitutional perspective so that impeachment of the president based on non-juridical factors alone does not happen again in the future. dismissal of the president as regulated in the 1945 Constitution, because in the impeachment mechanism, the decision of the Constitutional Court confirming the opinion of the DPR is not binding. Keywords: president impeachment; constitutional law; comparative law.
Perbandingan Konstitusional Pengaturan Impeachment Presiden Antara Indonesia Dengan Jerman Adella Anindia; Rosmini; Poppilea Erwinta
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.600

Abstract

The impeachment system in Germany is implemented slightly differently from that applied in Indonesia. The impeachment system in Germany is executed by the Constitutional Court whose decision is final, which means that it does not receive a 2/3 proposal from the Bundestag and the Bundestraat regarding the dismissal of the President and Vice President as in Indonesia. The regulation of the impeachment system in a country needs to be studied by involving a comparison country to find out whether the impeachment system in a country runs optimally and ideally. Comparison of Impeachment between Indonesia and Germany, The mechanism for dismissing the president as regulated in the constitution is an affirmation that the Republic of Indonesia is a state of law, this is a step forward in a constitutional perspective so that impeachment of the president based on non-juridical factors alone does not happen again in the future. dismissal of the president as regulated in the 1945 Constitution, because in the impeachment mechanism, the decision of the Constitutional Court confirming the opinion of the DPR is not binding. Keywords: president impeachment; constitutional law; comparative law.
Co-Authors Adella Anindia Anak Agung Gede Sugianthara Asep Wijaya Rosmini