YOGYAKARTA - To become a President in Indonesia like Jokowi requires great struggle and support. However, there are several advantages to becoming President. This time we will discuss the prerogative of the president is...
Before knowing what the president's prerogative is, it should be understood that the term prerogative is not a term stated in the 1945 Constitution or the laws and regulations. Prerogative rights are known in the realm of practice and doctrine.
In terms, based on the Big Indonesian Dictionary, it is termed a privilege that the head of state has regarding rules and laws outside the power of representative bodies.
Meanwhile, the president's prerogative is based on Bagir Manan as quoted by Mei Sutanto in the journal "Development of the Imposition of Prerogative Rights of the President", which is the right granted to the president directly from the constitution (hal. 242).
Although based on the Constitutional Court (MK), according to the opinion of the judge in the Constitutional Court Decision No. 22/PUU-XIII/2015, that theoretically, prerogative is a right owned by certain institutions, which are independent and absolute in the sense that cannot be sued by other state institutions. This prerogative is generally owned by heads of state such as the president in certain fields voiced in the constitution so that it becomes constitutional authority (hal. 72).
This right is also paired with full authority of executive institutions given by the constitution within the scope of the power of their government, especially for countries adhering to the way of division or division of power (hal. 72)
Thus, the prerogative is termed power or rights possessed by a privileged, independent and absolute head of state given by the constitution within the scope of government power.
Examples of Presidential Prerogative Rights
Based on Mei Susanto's presentation, the president's prerogative in Indonesian state administration is in the form of (hal. 257):
Although based on the Constitutional Court, in considering the Constitutional Court Decision No. 22/PUU-XIII/2015 one of the president's constitutional powers is to appoint state ministers. Not only that constitutional authority, but the president also has the prerogative to appoint other truly strategic positions that have great implications for achieving state goals. In this case, one example of the president's prerogative is to appoint the police chief with the approval of the DPR (hal. 74).
Launching from several sources in the constitution, an example of the prerogative of the president is as follows:
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