PREROGATIVE RIGHTS OF PRESIDENTS IN OMNIBUS LAW

Tri Mulyani

Abstract


Omnibus Law can be interpreted as a law (Act) created to target a major issue that might be able to revoke or change several laws at once so that it becomes simpler. Some people think that the President’s actions are still in the corridor of the constitution, because they are seen as part of the President’s prerogative. Some other groups have different views, which the President’s actions are not within the framework of the President’s prerogative rights, but rather violations or arbitrariness. The problem in this paper is the question that arises, whether the 1945 Constitution guarantees prerogative rights to the president, especially in relation to the omnibus law? In general it can be understood that the 1945 Constitution grants prerogative authority to the President through Article 10 through Article 15 and Article 17, so that the President in exercising his authority does not need to seek approval from other institutions, such as the DPR (House of Representatives). However, with the Omnibus Law plan in Indonesia, including the Omnibus Law for Employment and Omnibus Law, Taxation needs to be reviewed and approved by the DPR (HOUSE OF REPRESENTATIVES). In the future, the power of the President must be explicitly regulated in the constitution or law so that its implementation can be easily controlled. For this reason, the DPR (HOUSE OS REPRESENTATIVES) must actively oversee the administration of the government by using its rights optimally and proportionally.

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References


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