SKEMA PEMBERHENTIAN PRESIDEN INDONESIA MENURUT UNDANG-UNDANG DASAR 1945

Summary

This transcript discusses the legal and political process for the dismissal of the President and Vice President of Indonesia as outlined in the 1945 Constitution. It highlights the procedure through the DPR (People's Representative Council), Constitutional Court, and MPR (People's Consultative Assembly). A president can be dismissed if proven to have committed serious legal violations such as treason, corruption, or other serious crimes. The process involves multiple stages, including a plenary session in the DPR, a Constitutional Court review, and ultimately a political decision by the MPR. The process is strict and involves both legal and political considerations.

Takeaways

• 😀 The process of dismissing a president in Indonesia is outlined in the 1945 Constitution, specifically in Articles 7 and 7B.
• 😀 A president can only be dismissed for violating the law, not for political decisions like raising fuel or electricity prices.
• 😀 The grounds for presidential dismissal include treason, corruption, bribery, serious crimes, or if the president no longer meets the constitutional requirements.
• 😀 The mechanism for dismissal involves three key institutions: the DPR (People's Representative Council), the Constitutional Court, and the MPR (People's Consultative Assembly).
• 😀 The first stage of dismissal requires a proposal from the DPR, followed by a plenary session to agree on pursuing the process.
• 😀 The DPR must support the motion with at least two-thirds of members present to proceed with a request to the Constitutional Court.
• 😀 The Constitutional Court has up to 90 days to review and decide whether the president has committed a violation of the law.
• 😀 If the Constitutional Court finds the president guilty of a legal violation, the DPR must hold a session to decide whether to bring the case to the MPR.
• 😀 The MPR holds the final say, with a plenary session requiring at least three-quarters of members present and two-thirds supporting the dismissal.
• 😀 The process of presidential dismissal in Indonesia is both legal and political, as it involves significant political considerations, especially within the DPR and MPR.

Q & A

What is the primary reason for the dismissal of a president according to the 1945 Constitution of Indonesia?

A president can be dismissed if they are proven to have violated the law, as stated in Article 7A of the 1945 Constitution of Indonesia.

What types of legal violations can lead to a president's dismissal?

A president can be dismissed for committing treason, corruption and bribery, other serious crimes, or despicable acts. Additionally, if the president or vice president no longer meets the requirements for office, they can also be dismissed.

How difficult is it to dismiss a president in Indonesia?

It is very difficult to dismiss a president in Indonesia. The process involves several stages and requires approval from multiple state institutions, including the DPR, Constitutional Court, and MPR.

What role does the DPR play in the process of dismissing the president?

The DPR initiates the process by proposing to dismiss the president. They must hold a plenary session and have at least two-thirds of the members present to approve the proposal before submitting it to the Constitutional Court.

What is the role of the Constitutional Court in the presidential dismissal process?

The Constitutional Court is responsible for examining the evidence provided by the DPR to determine whether the president has violated the law. They must make a decision within 90 days after receiving the request from the DPR.

How is the decision made after the Constitutional Court's ruling?

After the Constitutional Court's ruling, the DPR must hold a plenary session to decide whether to submit the case to the MPR for final approval. If the Constitutional Court proves the president's violation, the DPR may proceed with the dismissal process.

What happens after the DPR's plenary session if they approve the president's dismissal?

If the DPR approves the dismissal, they submit the proposal to the MPR. The MPR must then hold a session to decide whether to accept or reject the proposal, with a quorum of at least three-quarters of its members present and two-thirds approval.

What is the final decision-making process for the MPR?

The MPR makes a political decision to either accept or reject the DPR's proposal. They need at least three-quarters of MPR members present and two-thirds approval to decide on the dismissal of the president or vice president.

What is the difference between the legal and political aspects of the dismissal process?

The dismissal process combines both legal and political aspects. The legal process occurs in the Constitutional Court, while political decisions are made by the DPR and MPR. The DPR and MPR handle the political decisions, while the Constitutional Court assesses the legal aspects of the president’s violation.

What happens if the Constitutional Court does not find evidence of the president's legal violations?

If the Constitutional Court finds that the president has not violated the law, the dismissal process is halted, and the case is returned to the DPR, who may decide not to proceed further with the dismissal.