通过修宪延长总统任期的法理分析

Rety Bella Octavya Zain, Catur Wido Haruni, Sholahuddin Al-Fatih, Mohammad Al An'imat
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引用次数: 0

摘要

1945 年《印度尼西亚共和国宪法》第 7 条是宪法修订过程中的内容材料之一,该条规定总统任期仅限两届。在佐科-维多多总统领导的时代,将总统任期延长为三届的问题再次出现。本研究提出的主要问题包括:第一,从总统政府制度的角度看,延长总统任期的法律政治性如何。第二,从总统制的角度看,延长总统任期的紧迫性如何。本研究是一项使用法律材料的规范法学研究。采用的方法是法定方法和概念方法。本研究采用定性描述分析技术。根据研究和讨论的结果,第一,延长总统任期的法律政治,即为筛选领导人留出位置,使他们能够在直接民主党派中晋升,其结果是合乎逻辑的,因此在总统制政府中,政党的存在肯定会对总统采取的每一项政策的支持率产生影响。第二,在总统制政府中延长总统任期的紧迫性,即没有必要延长三届总统任期,因为这会造成印尼总统和副总统任期的不连续性,以防止出现独裁主义。本文的建议是,总统和副总统的任期延长两届即可,没有必要延长总统任期超过两届,因为这会导致滥用权力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Analysis of Presidential Term Extension Through Constitutional Amendment
One of the content materials in constitutional amendment process is Article 7 of 1945 Republic of Indonesia Constitution concerning the President's term of office being limited to only two terms. During the era of President Joko Widodo's leadership, the issue of extending presidential term into three terms resurfaced. This study raises the main issues studied are, First, how is the legal politics of extending the President's term of office in terms of the Presidential Government System. Second, what is the urgency of President's term extension in terms of the Presidential System. This research is a normative juridical research with legal materials. The approach method used is the statutory approach and the conceptual approach. This study uses a qualitative descriptive analysis technique. Based on the results of research and discussion, that First, legal politics in extending the presidential term of office, namely placing a place to filter leaders so they can advance in a direct democratic party has a logical consequence so that in a presidential system of government, the existence of political parties can certainly have an influence on support on every presidential policy taken. Second, the urgency of an extension of the term of office of President in terms of Presidential Government system, that there is no need to extend the term of office for three terms because it causes discontinuity regarding the terms of office of the President and Vice President in Indonesia in order to prevent authoritarianism. The advice from this paper is that the extension of the term of office of the President and Vice President is sufficient for 2 periods and there is no need for an extension of the term of office of the President for more than two consecutive terms, because it can lead to abuse of power.  
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