ANALISIS MEKANISME PENETAPAN KEADAAN BAHAYA OLEH PRESIDEN MENURUT UNDANG UNDANG DASAR 1945

Yansyah, Rizki (2024) ANALISIS MEKANISME PENETAPAN KEADAAN BAHAYA OLEH PRESIDEN MENURUT UNDANG UNDANG DASAR 1945. S1 thesis, Universitas Jambi.

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Abstract

The aim of the research is to find out and analyze the mechanism for determining a state of danger by the President according to the 1945 Constitution as well as to find out and analyze the rules and legal consequences of determining a state of danger in Indonesia. The first problem formulation is how the mechanism for determining a state of danger by the president in Indonesia is, what are the rules and legal consequences for determining a state of danger in Indonesia. The method used in this research is Normative Juridical research, namely research on Check and Balance handling dangerous situations within the constitutional framework. The results of the research are the mechanism for determining a state of danger by the President in Indonesia, namely: It must be based on a problem related to the danger of a country. The President Drafted a Decree to implement a state of emergency in the form of a Government Regulation in Lieu of Law (PERPPU). The process of making a Perppu by the President. Determination of the Perppu into Law. Hearing of the results of the Perppu Decision by the DPR and MPR as examiners. The results of the decision will be submitted to state institutions. The rules for determining the state of danger in Indonesia are based on Perppu Number 23 of 1959 concerning the state of danger. Law no. 6 of 1946. Law no. 74 of 1957 and Law no. 23 of 1959. The consequences of determining a state of danger are that it can give rise to: (a) new legal status, (b) new legal relationships, and (c) new legal consequences. The author suggests for the government to make changes to the 1945 Law of the Republic of Indonesia concerning the level of emergency, in this case the authority and limits during an emergency include a monitoring mechanism by the legislative body. This is important to ensure that the implementation of the constitution is maintained in an emergency.

Type:	Thesis (S1)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	RIZKIYANSYAH
Date Deposited:	28 Aug 2024 02:07
Last Modified:	28 Aug 2024 02:07
URI:	https://repository.unja.ac.id/id/eprint/70181

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