KONSTITUSIONALITAS DEKRIT PRESIDEN 5 JULI 1959 DAN MAKLUMAT PRESIDEN 23 JULI 2001

Abstract

In 1959, Homeland was in an emergency, In order to restore political
stability at that time, then President Soekarno took firm step to issue a decree
wich contains the return to the Constitution of 1945, dissolved the Constituent
Assembly, and forming MPRS and DPAS. This decree then could be implemented
because of the support of the military, and the people of Indonesia, and then this
decree was added to the state No. sheet 75 of 1959 and become decision of the
President No. 150.
On 30 April 2001, the House of Representatives of the Republic of Indonesia
the Plenary Meeting have dropped Memorandum II as outlined in the Decision of
the Board of Representatives of the Republic of Indonesia No. 47 / IV / 2000-2001
dated 30 April 2001 to President Abdurrahman Wahid which states that 1) the
President has violated the Guidelines of State Policy (Guidelines), 2) Within 3
(three) months, the President does not regard Memorandum, and 3) Provide 1
(one) month to the President to respond to the Memorandum.
Escalation of the conflict increased when President Abdurrahman Wahid on
July 23, 2001 at 1:10 pm President of the Republic of Indonesia edict establishes
that contains clotting Indonesian People's Consultative Assembly and the House
of Representatives of the Republic of Indonesia, to restore sovereignty to the
people, as well as to take action and prepare bodies required to hold elections
within a year, saving a total reform movement of the barrier elements of New
Order to freeze the Golkar Party's decision to wait for the Supreme Court of the
Republic of Indonesia. Furthermore, the Supreme Court of the Republic of
Indonesia on July 23, 2001 issued a legal considerations which contains the
consideration that the edict of President contrary to law.
The legal writing was prepared by the author through a normative juridical
analysis based one through a historical approach which seeks to assess the edict
of President July 23, 2001 from the perspective of Constitutional Law, which is
based on the research results that the edict of President July 23, 2001 a subjective
emergency laws or unwritten (Ongeschreven Staatsnoodrecht), because the reality
is not found in the Indonesian constitution or not a written rule. As far as the
scientific study was conducted by the authors, the controversy notices President
July 23, 2001 is actually a form of resistance against President Abdurrahman
Wahid political dynamics that exist in the House of Representatives of the
Republic of Indonesia and the People's Consultative Assembly of the Republic of
Indonesia.
Keywords : -The Presidential Decree and Intimation -Subjective Emergency
-The Political Dynamics