President of Indonesia


President of Indonesia

Infobox Political post
post = President
body = the
Republic of Indonesia
insignia = Flag of Indonesia.svg
insigniasize = 100px
insigniacaption = Flag of Indonesia


incumbent = Susilo Bambang Yudhoyono
incumbentsince = 20 October 2004
appointer = direct popular election
termlength = 5 years, renewable once
(amended constitution)
formation = 1945
inaugural = Sukarno
website = [http://www.presidensby.info/ presidensby.info]
The President of the Republic of Indonesia ("Presiden Republik Indonesia") is the Head of State as well as the Head of the Government of the Republic of Indonesia.

History of the office

The Indonesian Presidency was established during the formulation of the 1945 constitution by the Researching Body for the Preparation of the Indonesian Independence (BPUPKI) [ [http://72.14.253.104/search?q=cache:yELXQET6YhIJ:www.alislam.or.id/artikel/arsip/00000002.html+PPKI+UUD&hl=en&ct=clnk&cd=7&lr=lang_en|lang_id 403 Forbidden ] ] . The office was first filled on 18th August 1945 when Sukarno was elected by acclamation [ [http://kepustakaan-presiden.pnri.go.id/biography/index.asp?presiden=sukarno Biografi [Biography - Situs Web Kepustakaan Presiden-presiden RI ] ] . The election was conducted by the Committee for the Preparation of Indonesian Independence (PPKI) because the body responsible for the Presidential elections, the People's Consultative Assembly (MPR), had not been formed yet. On 16th October 1945, Vice President Mohammad Hatta announced a Vice Presidential decree which turned the Central National Committee of Indonesia (KNIP) equal status with that of the President [ [http://www.transparansi.or.id/kajian/kajian10/bab_I.html Usulan MTI tentang Amandemen UUD 1945 ] ] . On 11th November 1945, the KNIP made the decision to separate the role of Head of State with that of Head of Government. Although a new constitution had not been set up yet, Indonesia was now a de facto Parliamentary Democracy with the President as a ceremonial Head of State whose function was to ask the Prime Minister as the Head of the Government to form a new Cabinet.

During the Indonesian National Revolution, both Sukarno and Hatta were captured by the Dutch in Yogyakarta on 18th December 1948. Sukarno then gave mandate for Syarifuddin Prawiranegara to form an emergency Government [ [http://www.mail-archive.com/urangawak@yahoogroups.com/msg01229.html [Urangawak Peran PDRI Akhirnya Diakui ] ] . This was done and the Emergency Government of the Republic of Indonesia (PDRI) was formed in Sumatra with Prawiranegara as its Chairman. Prawiranegara handed back his mandate to Sukarno on 13th July 1949 [http://www.kompas.com/kompas-cetak/0208/16/opini/meng27.htm] . On 17th December 1949, Sukarno was elected President of the Republic of the United States of Indonesia (RIS) and Presidential mandate passed to Asaat [ [http://www.dataphone.se/~ahmad/991128.htm 991128 ] ] . When it became clear that RIS was going to be replaced by a unitary state, Asaat stepped down from the Presidency and Sukarno once again became President on 15th August 1950.

Indonesia now adopted the constitution that had been intended for RIS. Officially known as the Provisional Constitution, the document confirms the President's role as the Head of State and his duty to appoint a Prime Minister on the advice of formateurs [http://www.sjdih.depkeu.go.id/fulltext/1950/UUDSTAHUN~1950UUDS.HTM] . Sukarno was never content with the role of ceremonial Head of State and did not like Parliamentary Democracy. The people were also not happy with Parliamentary Democracy. Taking advantage of the situation, Sukarno made a speech in April 1959 and suggested that Indonesia return to the 1945 Constitution [http://www.republika.co.id/koran_detail.asp?id=30554&kat_id=84&kat_id1=&kat_id2= Republika Online : http://www.republika.co.id ] ] . The People reacted enthusiastically and there was strong pressure on the Constituante, the body responsible for formulating a new constitution, to adopt the 1945 Constitution. When the Constituante did not budge, Sukarno issued a Presidential Decree on 5th July 1959 declaring that Indonesia was returning to the 1945 Constitution. With that, Sukarno took back full power and also became the Head of the Government.

Although Indonesia had re-adopted the 1945 Constitution, it did not mean that it was strictly adhered to. The MPR, which at this stage was still on a provisional basis (MPRS), was subservient to the President despite its status of the Nation's highest Governing Body. It was only in 1966, when the political tide began to turn against Sukarno that the MPRS regained its rightful constitutional status.

All throughout his rise to power, General Suharto seemed determined to do things constitutionally and that determination seemed to continue when he became President in 1967. Suharto allowed the MPR to execute its constitutional duty of formulating the Broad Outlines of State Policy (GBHN) whilst he as the President would be responsible for implementing GBHN. Suharto also made it a Presidential obligation to deliver accountability speeches towards the end of his terms. During the speech, Suharto outlined the achievements that his administration had made and how those achievements had adhered to the GBHN set by the MPR. Despite the constitutional and democratic façade, Suharto made sure that the MPR was also subservient to him. In 1969, a law was passed that required appointments to the MPR to be made official by the President [http://kambing.vlsm.org/bebas/v01/RI/uu/1969/uu-1969-016.txt] . In doing so, Suharto established an environment where it would be easy for him to be re-elected.

Suharto fell from power in May 1998 and the Presidency experienced changes that was brought forth by Reformasi. Compared to Suharto, who had all of his accountability speeches accepted, BJ Habibie had his only accountability speech rejected. Abdurrahman Wahid then made history by being Indonesia's first democratically elected President because of the lack of unconstitutional manipulation evident in the Sukarno and Suharto Presidencies. He also became the first President who had to beat another candidate to be elected whereas Sukarno and Suharto were sole candidates. As a result of this, Wahid was also the first President to be elected through counting votes instead of by acclamation. On the other side of the coin, Wahid ended his Presidency by being impeached by the MPR, a clear sign that the Presidency is now subservient to the MPR.

During the 2001 MPR Annual Session, it was finally decided that from 2004 onwards, the President will directly be elected by the people [ [http://www.voanews.com/indonesian/archive/2001-11/a-2001-11-06-1-1.cfm MPR Dan Pemilihan Presiden Langsung - 2001-11-06 ] ] . In 2004 Susilo Bambang Yudhoyono became Indonesia's first directly elected President.

The Presidency

Requirements to run for office

The 1945 Constitution: The Presidential candidate has to be of Indonesian origins.

The Provisional Constitution: The Presidential candidate has to be an Indonesian citizen aged at least 30 years old. He cannot be someone who is deemed to be undesirable or has had his right to take part in elections stripped. He is also required to not be involved with any private corporations.

The Amended 1945 Constitution: The Presidential candidate has to be an Indonesian citizen since his/her birth, who has not willingly become a citizen in another nation, has not betrayed the nation, and is physically and mentally capable of performing the duties. Amended Constitution also states that further criteria will be determined by laws. The President is also required to be nominated by a Political Party or a coalition of Political Parties.

Election, oath/promise/statement of office, term of office, Constitutional requirement

The 1945 Constitution: Together with the Vice President, the President is elected by the MPR with the largest amount of votes. The President-elect is also required to read either an oath or a promise of office before officially becoming President. The term of office is Five years and after that the President can be re-elected again.

The Provisional Constitution: Together with the Vice President, the President is elected according to rules specified by laws. The President-elect is required to read either an oath or a promise or a statement of office before officially becoming President. The President is constitutionally required to live where the seat of Government is.

The Amended 1945 Constitution: Together with the Vice President, the President is elected directly by the people on a ticket. Further election rules are determined by laws passed by the DPR. The President-elect is required to read either an oath or a promise of office before officially becoming President. The term of office is Five years and after that the President can be re-elected for only one more term.

Oath of Office of the President of the Republic of Indonesia: "I swear by Allah to fulfill the duties of President (Vice President) of the Republic of Indonesia to the best of my capabilities and in the fairest way possible, to uphold the Constitution by all means and to execute all laws and regulations as straightforwardly as possible as well as to dedicate myself to the service of the Nation and the People."

Pledge of Office of the President of the Republic of Indonesia: The Pledge of the President (Vice President):
"I solemnly pledge to fulfill the duties of President (Vice President) of the Republic of Indonesia to the best of my capabilities and in the fairest way possible, to uphold the Constitution by all means and to execute all laws and regulations as straightforwardly as possible as well as to dedicate myself to the service of the Nation and the People."

Powers

The 1945 Constitution: The President has constitutional authority over the Government and has the power to name and remove Ministers. He has the power to create laws with the agreement of the People's Representative Council (DPR) ,to make Government regulations in accordance to laws, and in the case of emergencies has the power to make Government regulations as a substitute to laws. Militarily, the President holds supreme authority over the Army, Navy, and Air Force whilst security-wise, the President has the power to declare a State of Emergency. Diplomatically, the President, with the agreement of the DPR, has the power to declare war, peace, and sign treaties. In addition, he appoints ambassadors and consuls as well as accepting ambassadors from other countries. Finally, the President has power to give amnesty and pardon as well as awarding titles and honours.

The Provisional Constitution: The President has the power to name Cabinets and appoint the Prime Minister with the advice of formateurs. The President is able to remove Ministers from office and has the right to be informed of important matters by the Council of Ministers. As the Head of State, the President has the power to dissolve the DPR and order for an election to be held within 30 days. Militarily, the President holds supreme authority over the Armed Forces although any decision on this matter needs to be countersigned by the appropriate ministers and wartime control of the troops has to be placed under an Armed Forces Commander. The President requires permission from the DPR to declare war and sign treaties although he has independent power to appoint ambassadors and to accept them. The President also has the power to grant pardons.

The Amended 1945 Constitution: The President has constitutional authority over the Government and has the power to name and remove Ministers. He has the right to propose bills to DPR, to discuss bills with the DPR to reach an agreement, make Government regulations in accordance to laws, and in the case of emergencies has the power to make Government regulations as a substitute to laws. Militarily, the President holds supreme authority over the Army, Navy, and Air Force. Diplomatically, the President can only sign treaties, appoint ambassadors, accept ambassadors from other countries, rehabillitate prisoners, and appoint Judicial Committee members with the DPR's agreement. The President has the power to grant pardons but must consider the advice of the Supreme Court. The President also has the final say over Chief Justice candidates.

Assistance in performing duties

The 1945 Constitution: The President is assisted by the Vice President and his Ministers. The President is also able to seek advice from the Supreme Advisory Council (DPA).

The Provisional Constitution: The President is assisted by the Vice President.

The Amended 1945 Constitution: The President is assisted by the Vice President and his Ministers. The President is also allowed to form his own advisory teams which will further be regulated by laws passed by DPR.

Line of succession and impeachment

The 1945 Constitution: If the President dies, resigns, or is unable to perform his/her duties for any reason, he/she is replaced by the Vice President.

The Provisional Constitution: If the President dies, resigns, or is unable to perform his/her duties for any reason, he/she is replaced by the Vice President.

The Amended 1945 Constitution: If the President dies, resigns, or is unable to perform his/her duties for any reason, he/she is replaced by the Vice President. If there is no Vice President, the government will be taken over together by Minister of Foreign Affairs, Minister of Internal Affairs and Minister of Defense. Then the MPR will elect a new president from the two candidates nominated by the political parties whose candidates are the winner and the runner-up in the past presidential election. Under the amended constitution, the President can now be impeached and removed from office. If the President is viewed to be unfit to perform his duties and has committed crimes such as corruption and betraying the Nation, the DPR can appeal to the Supreme Court to try the President. Furthermore, the DPR can ask the Constitutional Court to look into the matter, during which it has 90 days to make a decision. With the decision made, the DPR can motion for the MPR to convene. The President would then be given one last chance to defend himself before the MPR makes the decision whether or not the President should be impeached.

Post-Presidency

Law 7 of 1978 [http://kambing.vlsm.org/bebas/v01/RI/uu/1978/uu-1978-007.txt] stipulates that former Presidents are entitled to a pension. Former Presidents are also entitled to a house with electricity, water, and telephone bills covered by the Government. In addition to that Former Presidents will have free healthcare for his family and a car with chauffeur.

List of Presidents

Official list

*Ir. Sukarno (18 August 1945-12 March 1967)
*General (Ret.) Suharto (12 March 1967-21 May 1998)
*Professor Bacharuddin Jusuf Habibie (21 May 1998-20 October 1999)
*Kiai Haji Abdurrahman Wahid (20 October 1999-23 July 2001)
*Megawati Sukarnoputri (23 July 2001-20 October 2004)
*Dr. Susilo Bambang Yudhoyono (20 October 2004-Present)

Unofficial list

*Ir. Sukarno (18 August 1945-18 December 1948)
*Syarifuddin Prawiranegara (18 December 1948-13 July 1949)
*Ir. Sukarno (13 July 1949-17 December 1949)
*Assaat (17 December 1949-15 August 1950)
*Ir. Sukarno (15 August 1950-12 March 1967)
*General (Ret.) Suharto (12 March 1967-21 May 1998)
*Professor Bacharuddin Jusuf Habibie (21 May 1998-20 October 1999)
*Kiai Haji Abdurrahman Wahid (20 October 1999-23 July 2001)
*Megawati Sukarnoputri (23 July 2001-20 October 2004)
*Dr. Susilo Bambang Yudhoyono (20 October 2004-Present)

External links

*id icon [http://indonesia.ahrchk.net/news/mainfile.php/Constitution/22 1945 Constitution]
*id icon [http://www.sjdih.depkeu.go.id/fulltext/1950/UUDSTAHUN~1950UUDS.HTM Provisional Constitution]
*id icon [http://indonesia.ahrchk.net/news/mainfile.php/Constitution/34 Amended 1945 Constitution]

Notes


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