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