A Regulation of Construction for General Principles of Good Governance as a Review for Impeachment of Indonesian President

Nadir ., Sudarsono ., Azim Hamidi, Muchamad Ali Safaat

Abstract


Construction Principles regulation of Good Governance as a review of impeachment for President in his position, therefore used two methods namely:  Amendment method of  Indonesian constitution of 1945 that is known as the regulatory term; and law  construction method  by the judge of the Constitutional Court (MK-RI) that is known as the system of jurisprudence. Constructed through amendment methods of theIndonesian Republic Constitution of 1945 is the President or Vice President may be impeachment in their position of office by the Assembly on the proposal of the House of Representatives, both if it is proven to have violated the law in the form of treason, corruption, bribery, other high criminals, or misdemeanours, or proved to have violated Principles of Good Governance, and proved no longer qualifies as President or vice President. While the results of the legal construction by the judges of the Constitutional Court (MK-RI) will be included in the legal consideration of judges is not in the dictum of the decision set forth in the jurisprudence. The results of the two methods gave birth to the theory of formal recognition (of the formal recognition), so that it becomes positifis instrumentalist as a review of impeachment for contemporary .

Keywords: Construction, Principles of Good Governance, Review, Impeachment, President.


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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