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MEASURING THE IMPLEMENTATION OF PREROGATIVE RIGHTS OF THE PRESIDENT IN THE MULTIPARTY SYSTEM AND THE VIEWPOINT OF THE PRESIDENTIAL GOVERNMENT SYSTEM IN INDONESIA
Zulwisman

Universitas Riau


Abstract

Prerogative rights are rights owned by a head of government orstate without any intervention from any party in using these rights. Therefore, the prerogative is said to be the privilege or exclusive right of a head of state in carrying out his state duties. Some opinions say that the term prerogative does not exist and that there is only the power of the president as head of state. However, it is interesting what was conveyed by Mahfud MD, who stated, "Whether or not there is a prerogative in the constitution is not a problem, it depends on how to interpret the prerogative. Because prerogative right exists if the president has the right to do something without asking for the approval of another person or institution ". As with the conceptofprerogativeright stated above, the president does not need to first consult with other state institutions, because this right is a right granted by the constitution to the president in carrying out the wheels of government. The Presidents Prerogative Rights can be classified into four terms, including executive and political administration authority, legislative authority, judicial authority, and diplomatic authority. Yet, in its implementation, the presidents prerogative rights are not well established, the presidents freedom in policymaking is found to be the intervention of political parties and the approval of people with their figures or other institutions, particularly in terms of the presidents prerogative rights in the election, appointment and dismissal of the Minister in the context of executive and political administration authority, as well as legislative authority. With the above rationale so as to attract writers to conduct research with the title " Measuring The Implementation Of Prerogative Rights Of The President In The Multiparty System And The Viewpoint Of The Presidential Government System In Indonesia" with the following problem formulation. First, how the Presidents prerogative rights are regulated in Indonesian laws and regulations. Second, what are the forms of influence and intervention of political parties in the implementation of the Presidents prerogative in the administration of the State. Third, what kind of efforts are made to strengthen the Presidents prerogative in organizing the country. The research method used in the discussion of this paper, the authors use the main approach that is juridical normative (legal research), with writing data sources obtained from the literature with the type of data in the form of primary data and secondary data

Keywords: Prerogative; Multiparty; Presidential Rights

Topic: Constitutional Law

Link: https://ifory.id/abstract/H2vCkaY7GBFg

Conference: Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Plain Format | Corresponding Author (Zulwisman Zulwisman)

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