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All Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Perspektif Hukum
Yuniar Riza Hakiki
Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kontekstualisasi Prinsip Kekuasaan sebagai Amanah dalam Pertanggungjawaban Presiden dan Wakil Presiden Republik Indonesia Yuniar Riza Hakiki
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : As-Siyasi : Journal of Constitutional Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.293 KB) | DOI: 10.24042/as-siyasi.v2i1.11813

Abstract

This study aims to analyze the contextualization of the principle of power as a mandate in institutionalizing the accountability of the President according to the 1945 Constitution of the Republic of Indonesia. This research is normative juridical, which uses secondary data. The study found that the contextualization of the principle of power as a mandate in the accountability of the President/Vice President of the Republic of Indonesia is institutionalized through a number of provisions stipulated in the 1945 Constitution of the Republic of Indonesia, including: (1) the responsibility of the President in the event of a dispute over authority between State Institutions in the Constitutional Court, as accountability for the implementation of its authority; (2) the responsibility of the President if he is suspected of violating the law and the constitution, as accountability for the actions committed; (3) The President is also responsible in cases of judicial review of the Constitution, as his responsibility in forming and enacting laws; (4) The President is also responsible in cases of reviewing statutory regulations under the Act against the Law, as his responsibility in forming and enacting laws; and (5) political accountability directly to the people 
Politik Hukum Pengaturan Imunitas dalam Pengelolaan Keuangan Negara untuk Penanganan Covid-19 Allan Fatchan Gani Wardhana; Yuniar Riza Hakiki
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.145

Abstract

The government's broad authority in managing state finances for handling the Covid-19 pandemic, which was originally regulated based on Perppu concerning about State Financial Policy and Financial System Stability for Handling the Covid-19. Pandemic and/or Facing Threats That Endanger the National Economy and/or Financial System Stability, was then determined by Law has the potential to cause losses to citizens or legal entities. However, there is an article of the Law that can trigger legal problems because it provides immunity to all government actions taken under this Perppu so that it cannot be the object of a lawsuit to the PTUN. Research with normative methods, through this statutory and conceptual approach, aims to, first, analyze the legal policy of regulating immunity to all government decisions and/or actions in state financial management for handling the Covid-19 pandemic; second, formulate alternative legal protection for legal subject who have the potential to be harmed by government actions and/or decisions in managing state finances for handling the Covid-19 pandemic. This study concludes one of them is legal protection can be accommodated preventively through administrative supervision, ratification and approval, and government openness; and repressively through the mechanism of administrative efforts or reports to the Ombudsman.
Kontekstualisasi Prinsip Kekuasaan sebagai Amanah dalam Pertanggungjawaban Presiden dan Wakil Presiden Republik Indonesia Yuniar Riza Hakiki
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.11813

Abstract

This study aims to analyze the contextualization of the principle of power as a mandate in institutionalizing the accountability of the President according to the 1945 Constitution of the Republic of Indonesia. This research is normative juridical, which uses secondary data. The study found that the contextualization of the principle of power as a mandate in the accountability of the President/Vice President of the Republic of Indonesia is institutionalized through a number of provisions stipulated in the 1945 Constitution of the Republic of Indonesia, including: (1) the responsibility of the President in the event of a dispute over authority between State Institutions in the Constitutional Court, as accountability for the implementation of its authority; (2) the responsibility of the President if he is suspected of violating the law and the constitution, as accountability for the actions committed; (3) The President is also responsible in cases of judicial review of the Constitution, as his responsibility in forming and enacting laws; (4) The President is also responsible in cases of reviewing statutory regulations under the Act against the Law, as his responsibility in forming and enacting laws; and (5) political accountability directly to the people 
Co-Authors Allan Fatchan Gani Wardhana, Allan Fatchan Gani