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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Irwan Triadi
Universitas Pertahanan Republik Indonesia
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SETTINGS COMPARISON ACTING PRESIDENT IN INDONESIA AND OTHER COUNTRIES THAT ADOPT A PRESIDENTIAL SYSTEM OF GOVERNMENT Ilman Hadi; Irwan Triadi; Parluhutan Sagala
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.4084

Abstract

This research aims to examine further regulations regarding the provisions of Article 8 paragraph 3 of the 1945 Constitution of the Republic of Indonesia. The Republic of Indonesia declares itself to be a legal state, which means that all aspects of the state must be based on the rule of law. On the other hand, the President of the Republic of Indonesia acts as both head of state and head of government, which indicates the nature of a presidential republic. Therefore, the position of President cannot be vacant because this position is so important and central. The research method used in this research is qualitative method with normative juridical analysis, namely explaining the legal norms that should be fulfilled (das sollen ) compared to the current situation (das sein). This research is also descriptive in nature, namely by describing the existence of a legal vacuum in the field of state administration, especially filling the position of interim president in Indonesia and its relationship with the threat of emergencies. The country's constitution regulates how to fill the vacancy in the presidential position in the event that the President and Vice President are permanently absent at the same time. However, this provision must be further regulated through laws and implementing regulations based on law. Twenty-two years have passed since the last amendment to the constitution but there is no legal regulation regarding this matter even though this situation is a threat and could result in a state of emergency status in the country. To facilitate the consideration and formulation of filling the position of president, the author presents a comparison with several countries so that it can be used which one is most suitable for the conditions of the Republic of Indonesia.
THE IMPACT OF POLITICAL CHANGE ON THE DYNAMICS OF CRIMINAL LAW REFORM (A COMPARATIVE STUDY OF POLITICAL RELATIONS AND THE IMPLEMENTATION OF CRIMINAL LAW IN THE PHILIPPINES) Weko Satya Guntoro; Anang Puji Utama; Irwan Triadi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 3 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i3.4155

Abstract

In a political system which is interconnected between government departments and elements of society in a nation, there is always social interaction that influences each other. This influence has an impact on the configuration of interests formed in a legal product. Law is a means to achieve political goals, therefore in every stage of its formation and implementation there is a lot of partisanship from political stakeholders. In a democratic country, the supreme power is in the hands of the people which is manifested in a legislative institution with a periodic replacement cycle. However, competition between political groups is an inevitability that requires qualified regulation, including in emergency situations. One country that has a political system similar to Indonesia and has experienced disruptive politics and legal reform is the Philippines. Hopefully this study will create awareness for mitigation in dealing with similar emergency situations.
Co-Authors Ilman Hadi Parluhutan Sagala Utama, Anang Puji Weko Satya Guntoro