Wakil Presiden Apakah Bisa di Makzulkan? | Hamrin Speak Up

Summary

Dr. Hamrin discusses the legal framework surrounding the impeachment or dismissal of Indonesia’s President and Vice President under the 1945 Constitution. He explains the role of the People's Consultative Assembly (MPR), People's Representative Council (DPR), and the Constitutional Court in the impeachment process. Dr. Hamrin emphasizes that dismissal can only occur if the President or Vice President has committed serious constitutional violations, such as treason or corruption. He asserts that the current calls for the impeachment of the Vice President lack legal grounds, urging the public to respect constitutional law and legal procedures.

Takeaways

• 😀 The dismissal of the President and Vice President of Indonesia is regulated by the 1945 Constitution.
• 😀 The People's Consultative Assembly (MPR) holds the authority to dismiss the President and Vice President during their term in office.
• 😀 The constitutional mechanism for dismissal includes legal violations such as treason, corruption, or other serious criminal acts.
• 😀 The legal term used in the Constitution is 'dismissal,' not 'impeachment.'
• 😀 Before proposing dismissal, the People's Representative Council (DPR) must consult the Constitutional Court to examine whether legal violations occurred.
• 😀 Only if the Constitutional Court finds violations, the DPR can propose the dismissal to the MPR.
• 😀 Currently, no legal violations have been proven against the Vice President, so impeachment is not possible.
• 😀 The 1945 Constitution also specifies that the President and Vice President must meet certain requirements to remain in office.
• 😀 Groups calling for the impeachment of the Vice President are doing so without a solid legal basis, as no constitutional violations have been proven.
• 😀 Legal processes and constitutional integrity must be respected to avoid undermining the rule of law in Indonesia.
• 😀 Political actions or group interests should not influence the constitutional process, and any changes should be based on constitutional violations.

Q & A

What is the constitutional basis for the impeachment or dismissal of the President and Vice President of Indonesia?

The constitutional basis for the impeachment or dismissal of the President and Vice President is found in Articles 7A, 7B, and 24C of the 1945 Constitution of Indonesia.

Who has the authority to dismiss the President and Vice President according to the 1945 Constitution?

The People’s Consultative Assembly (MPR) has the authority to dismiss the President and Vice President according to the 1945 Constitution.

What is the role of the People's Representative Council (DPR) in the dismissal process of the President or Vice President?

The DPR proposes the dismissal of the President or Vice President to the MPR, but before doing so, they must first request the Constitutional Court to examine whether the President or Vice President has committed any legal violations.

What legal violations can lead to the dismissal of the President or Vice President under the 1945 Constitution?

The President or Vice President can be dismissed for committing treason, corruption, other serious criminal acts, or any despicable acts as defined by the Constitution.

What is the constitutional procedure for investigating a President or Vice President for potential dismissal?

The DPR must request the Constitutional Court to examine and decide whether the President or Vice President has violated the Constitution, including acts like treason, corruption, or other serious crimes.

Has there been any legal violation committed by the current Vice President that would justify impeachment?

As of now, there has been no legal violation committed by the current Vice President that would justify impeachment, according to the 1945 Constitution.

Can the Vice President be impeached for reasons other than legal violations or constitutional violations?

No, the impeachment of the Vice President can only occur if there are legal violations as specified in the Constitution, such as treason, corruption, or despicable acts.

What is the Constitutional Court’s role in the impeachment process of the President or Vice President?

The Constitutional Court’s role is to investigate and decide whether the President or Vice President has violated the Constitution before the DPR can propose dismissal to the MPR.

How does the current case of the Vice President's impeachment relate to the 1945 Constitution?

The current calls for the Vice President's impeachment do not meet the constitutional requirements since there has been no legal violation as defined by the Constitution.

What is Dr. Hamrin’s view on the impeachment requests from certain groups, such as retired military officers?

Dr. Hamrin believes that the impeachment requests are legally unfounded, as there is no violation of the law by the Vice President according to the 1945 Constitution.