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All Journal International Journal of Educational Research and Social Sciences (IJERSC) International Journal of Science and Environment
Silvana Amalia, Dyah
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Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Education Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Other

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Authority Of The Constitutional Court In Impeachment Of The President And/Or The Vice President According To The Basic Law Of The Republic Of Indonesia Of 1945 Yulianto, Winasis; Silvana Amalia, Dyah
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.773

Abstract

One of the important results of the third amendment to the Republic of Indonesia Constitution of 1945 was the impeachment of the President and/or Vice President. Prior to the third amendment to the Republic of Indonesia Constitution of 1945, there was not a single article that regulated the impeachment of the President and/or Vice President. Even though the third amendment has passed 23 years, we have never had the experience of judicial impeachment in constitutional life in Indonesia. The three presidential impeachments that have occurred in Indonesia were not judicial impeachments, but political impeachments. President Sukarno, President Suharto and President Abdurrahman Wahid were impeached but did not use legal mechanisms through the Constitutional Court. This writing will raise two legal issues: first, whether the terms contained in the 1945 Constitution of the Republic of Indonesia, dismissal and dismissal, are appropriate according to Indonesian Law. Second, what is the mechanism for dismissing the President according to the 1945 Constitution of the Republic of Indonesia after the amendment. The method used in this research is normative juridical research. The approaches used in this research are the statutory approach, conceptual approach, historical approach, case approach and comparative legal approach. From the discussion in this article, it can be concluded that the words "dismissal" and "dismissed" are not appropriate. This is based on the idea that "dismissal" and "dismissed" are not legal language. Thus, according to Indonesian law, it needs to be changed with the word "Pemakzulan" for the word "dismissal" and the word "impeached" for the word "dismissed". The impeachment procedure begins with the DPR's opinion that the President and/or Vice President has committed treason against the state, corruption, bribery, other serious criminal acts or disgraceful acts and/or is proven to be ineligible as president and/or Vice President. The DPR's opinion is registered with the Constitutional Court, with the requirement that 2/3 of the DPR members must be present and 2/3 of the DPR members present support the DPR's opinion. If the Constitutional Court decides that the President and/or Vice President have been proven to have violated the law, the DPR holds a plenary session to forward the proposal to dismiss the President and/or Vice President to the MPR. No later than 30 days after the MPR receives the proposal, the MPR is obliged to hold a session to decide on the DPR's proposal. The MPR's decision on the DPR's proposal must be taken at an MPR plenary meeting attended by ¾ of the members and approved by 2/3 of the total MPR members present.
Reconstruction Of Authority Dispute Arrangements Judging In The Environment Of Judicial Power Yulianto, Winasis; Silvana Amalia, Dyah
International Journal of Educational Research & Social Sciences Vol. 5 No. 4 (2024): August 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i4.858

Abstract

Reconstruction of Dispute Arrangements for the Authority to Judge in the Sphere of Judicial Authority is research to reconstruct the arrangement of disputes over the authority to judge within the jurisdiction of the judiciary from 1945 to the present. The objective to be achieved in this research is to find legal politics for the formation of laws regarding judicial disputes within the jurisdiction of the judiciary. The research method used in this research is normative juridical research, by examining various laws and regulations in accordance with the research problem. The research results show that disputes over the authority to judge within the judiciary are in the Supreme Court.
Authorities Of The Constitutional Court In Dissoluting Political Parties Yulianto, Winasis; Silvana Amalia, Dyah
International Journal of Educational Research & Social Sciences Vol. 4 No. 3 (2023): June 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i3.666

Abstract

Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, hereinafter referred to as the 1945 Constitution of the Republic of Indonesia states that, the Constitutional Court has the authority to try at the first and final levels whose decision is final to review laws against the Constitution, decide on disputes over the authority of state institutions whose powers are granted by the Constitution, decide on the dissolution of political parties, and decide on disputes about the results of general elections. The dissolution of political parties through this legal aspect is the result of the third amendment to the 1945 Constitution of the Republic of Indonesia. Previously, the dissolution of political parties was carried out by the government. The dissolution of political parties through legal channels is a consequence of the statement that Indonesia is a state of law. This is also due to the provisions of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that Sovereignty is in the hands of the people and implemented according to the Constitution. The provisions of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia constitute a shift from the supremacy of the People's Consultative Assembly to the supremacy of the Constitution The research method used in this study is a normative juridical research method, which means that this research uses legal norms as a means to analyze problems. While the approach method in this study uses: statute approach, conceptual approach, historical approach, and comparison approach. To analyze in this research is to use the interpretation of legal systematics.The conclusion will answer the problems raised in this study.  
Repositioning The Legislative Power of The DPR in The Formation of Responsive Laws in Indonesia Yulianto, Winasis; Silvana Amalia, Dyah
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026 (Indonesia - Jepang - United Kingdom)
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.387

Abstract

This research aims to analyze the shift in the legislative power of the House of Representatives (DPR) following the amendments to the 1945 Constitution and its implications for the formation of responsive laws. The research method employed is normative legal research with a statutory and conceptual approach. The findings indicate that although Article 20, Paragraph (1) of the 1945 Constitution has granted the DPR the power to form laws, in practice, the process remains heavily dependent on joint approval with the President. To realize responsive legislation, the DPR needs to optimize the National Legislation Program (Prolegnas) and expand public participation spaces to ensure that the legal products generated are not repressive but instead reflect the genuine will and needs of the community.
Co-Authors Yulianto, Winasis