1945 Constitution

1945 Constitution

From Rakyat Merdeka

The 1945 Constitution, Paragraph 4, Article 1 reads: "The
president of the Republic of Indonesia holds the power of
administration". While Article 2 reads: "In performing his duties
the president is assisted by a vice president".

So, the President does not reserve the right to delegate his
duties to the Vice President because the latter only assists the
President.

The constitutional duty of the President to manage the
government administration is nontransferrable except in case of
an incident as stipulated in Article 8 of the 1945 Constitution,
i.e. whenever the president passes away, quits or fails to
perform his duties during his term of office.

The President can quit his post due to the revocation of his
mandate by the People's Consultative Assembly (MPR). In this case
referring to Chapter III, Paragraph 4, Article 1 in conjunction
with Chapter I, Paragraph 1, Article 2 of the 1945 Constitution,
the president shall abide by the MPR because the MPR is the
manifestation of the people's sovereignty.

For example "The president reserves the right to submit a
draft to the House of Representatives (DPR)", "The president
stipulates a government regulation for the proper upholding of
the law", "The president holds the supreme power over the Army,
the Navy and the Air Force". "The president declares a state of
emergency, the conditions and the extent of which is determined
by law".

So, for whatever reason, the delegation of authority from the
President to the Vice President is unconstitutional. So, whether
he is Akbar Tandjung, Bambang Susilo Yudhoyono or any other
political leader, no political party has the constitutional
grounds for introducing such a delegation of authority. This is
only a political trap aimed at making the Vice President violate
the Constitution, too.

ATILLA GRAZIANI SJAFEI

Jakarta