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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM
Abdul Rahman
Universitas Islam Negeri (UIN) Alauddin Makassar
Humanities Law, Crime, Criminology & Criminal Justice

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IMPEACHMENT DALAM UUD 1945 PASCA AMANDEMEN Abdul Rahman
DIKTUM: Jurnal Syariah dan Hukum Vol 14 No 1 (2016): Diktum: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (228.32 KB) | DOI: 10.35905/diktum.v14i1.226

Abstract

Impeachment of the president and / or vice president from office is not new in the constitutional system of Indonesia. Before the amendment, Indonesia also has a mechanism of impeachment that the President and / or Vice President may be removed from office, as had happened during the Sukarno and Abdurrahman Wahid. However, the impeachment process through a political process and a new law set in the 1945 amendment after amendment. The reasons for the impeachment of a limited manner specified in the constitution, although the reasons have a very wide interpretation and may be subjective, especially in a political institution in the House. There are several things that must be done to complete the impeachment mechanism rules in Indonesia, among others: (a) relating to the impeachment process in the House of Representatives; and (b) the impeachment proceedings in the Constitution Court.
PEMAKZULAN KEPALA NEGARA Abdul Rahman
DIKTUM: Jurnal Syariah dan Hukum Vol 15 No 2 (2017): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (501.822 KB) | DOI: 10.35905/diktum.v15i2.430

Abstract

Abstract: Impeachment is often interpreted as impeachment, whereas both are academically different. Impeachment is to demand the accountability of the president/ head of state in the context of parliamentary oversight to the president, if the president violates the law. While impeachment means to be relegated or substituted to the state/ government from his post after going through the impeachment process. There are differences and similarities between impeachment concepts in the Indonesian constitution with the concept of Islamic state administration, only the concept offered by Islamic constitution is more universal. Al-Mawardi's thoughts can be used as a new offer to improve the impeachment concept in Indonesia's constitution, namely: (1) the reasons for the dismissal of the president when the president is made political puppet by his family or nearest people; and (2) the implementation or effectiveness of the law when it occurs the dismissal of heads of state from these two concepts provides different political stability. Of the two concepts of the Indonesian constitution provides good political stability with the tempo in the process of trial.
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