Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Journal of Law, Poliitic and Humanities
Muhammad Fauzan
Faculty of Law Universitas Pembangunan Nasional “Veteran” Jakarta, DKI Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Competence of State Administrative Court in Adjudicating Presidential Decree as Head of State Muhammad Fauzan; Ali Imran Nasution
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1003

Abstract

The position of the President in the presidential system places the President's function as head of state and head of government. The unification of those functions doesn’t negate the differences in the President’s functions as head of state and head of government. This affects the President's authority in issuing decrees. The absence of such affirmation creates legal uncertainty over the resolution of the President's decision, especially the President's decision as head of state. The formulation of the problem raised is 1) how is the model of the using Presidential Decrees in terms of the President’s function as head of state and head of government; and 2) how is the competence of State Administrative Court in adjudicating Presidential Decree as head of state. The research method used normative juridical with a statutory and contextual approach. The results show there are different models of using Presidential Decrees in his position as chief of state and chief of government. Then, the President's decision regarding his position as chief of state becomes a necessity to be differentiated with following elements, First, the President issued it in his capacity as head of state, Second, the President did not have beslissing in issuing it, Third, the decision was issued by the President based on his authority obtained by attribution from the Constitution
Co-Authors Ali Imran Nasution