The President’s prerogative rights in the Indonesian government system
Jakarta (ANTARA) –
The President’s prerogatives include strategic decisions that can be taken without the legislative process, such as the appointment of ministers, ambassadors and other high-ranking officials. In addition, the President has the authority to determine foreign policy, including international agreements, as well as grant amnesty and abolition.
The President’s prerogatives arise from the principles of the welfare state and are based on the 1945 Constitution, which allows the government to expand the scope of its duties in Indonesia, including in the areas of government, legislation and the judiciary.
Also read: Reviewing the Clemency, Amnesty, Abolition and Rehabilitation Bill and its derivatives
Forms of prerogative rights of the President of the Republic of Indonesia
1. Clemency
Pardon is the President’s right to grant a reduction in sentence, pardon, or release from punishment altogether. With pardon, the President has the authority to change or reduce the sentence imposed on someone.
2. Amnesty
Amnesty is a legal action that restores the status of innocence to individuals who have previously been found guilty. Through amnesty, the President has the authority to grant broad pardons to groups or individuals involved in certain criminal acts.
3. Rehabilitation
Rehabilitation is the President’s action to restore the good name of someone who has been affected by an incident or legal action. Through rehabilitation, the President can provide support and assistance to restore the reputation and lives of individuals affected by the legal system.
4. Abolition
Example of the prerogative of the President of the Republic of Indonesia
According to the Constitutional Court (MK), in its legal consideration of MK Decision No. 22/PUU-XIII/2015, one of the President’s constitutional authorities is to appoint state ministers. Apart from that, the President also has the prerogative to appoint other strategic positions that have a major impact on achieving state goals.
1. The highest power of the TNI
The President holds supreme power over the Army, Navy and Air Force (Article 10 of the 1945 Constitution). In this case, the President has the right to determine the TNI Commander with the approval of the DPR.
2. Declaration of war and peace
The President has the right to declare war, make peace, and make agreements with other countries, all of which require the approval of the DPR (Article 11 paragraph (1) of the 1945 Constitution).
The President can make international agreements that have a broad and fundamental impact on people’s lives, including those relating to the state’s financial burden and/or requiring changes or the establishment of laws, with the approval of the DPR (Article 11 paragraph (2) of the 1945 Constitution).
Also read: Group 1 Kopassus received the honor of Samkarya Nugraha from the President
4. Statement of the state of danger
The President declared a state of danger in accordance with the conditions and consequences stipulated in law (Article 12 of the 1945 Constitution).
5. Appointment of ambassadors and consuls
The President appoints ambassadors and consuls and accepts the placement of ambassadors from other countries. In this process, the President considers suggestions from the DPR (Article 13 of the 1945 Constitution).
6. Pardon and rehabilitation
The President grants pardon and rehabilitation with the consideration of the Supreme Court, and grants amnesty and abolition with the consideration of the DPR (Article 14 of the 1945 Constitution).
7. Awarding titles and honors
The President has the authority to grant titles, decorations and other honors as regulated by law (Article 15 of the 1945 Constitution).
8. Appointment and dismissal of ministers
The President appoints and dismisses ministers, as well as forms, changes and dissolves state ministries in accordance with the provisions of the law (Article 17 of the 1945 Constitution).
9. Determination of Government Regulations in Lieu of Law (Perppu)
The President has the right to enact Government Regulations in Lieu of Law (Perppu) in situations of compelling urgency (Article 22 paragraph (1) of the 1945 Constitution).
10. Appointment of members of the judicial commission
The President appoints and dismisses members of the Judicial Commission with the approval of the DPR (Article 24B paragraph (3) of the 1945 Constitution).
11. Constitutional judge’s proposal
The President proposes three constitutional judges to the DPR (Article 24C paragraph (3) of the 1945 Constitution).
Reporter: M. Hilal Eka Saputra Harahap
Editor: Suryanto
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