LEGALITY AND LEGITIMACY OF LAW PROMULGATED WITHOUT PRESIDENTIAL RATIFICATION IN THE PRESIDENTIAL GOVERNMENT SYSTEM

MAXIE SIANIPAR, Morus and ALI SAFA’AT, Muchamad and ANSHARI SETIA NEGARA, Tunggul and EKO WIDIARTO, Aan (2022) LEGALITY AND LEGITIMACY OF LAW PROMULGATED WITHOUT PRESIDENTIAL RATIFICATION IN THE PRESIDENTIAL GOVERNMENT SYSTEM. International Journal of Legal Sciences, 10 (17-18). pp. 63-76. ISSN 2545-4927

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Abstract

After the first amendment to the 1945 Constitution, there was a shift in power to form laws from the President to the DPR. The power of the DPR to form laws is shared with the President because each bill is discussed jointly by the DPR and the President for mutual approval. The joint approval of the DPR and the President is the binding point for the two state institutions that produce material laws. However, there are several bills that have been mutually agreed with the DPR and the President that have not been signed by the President. After a period of thirty days has been lapsed, the mutually agreed Bill by the DPR and the President shall become Law, even without the ratification of the President, and must be promulgated. This phenomenon raises question of why the President does not ratify the Bills he has approved. This research is normative research with a statutory, conceptual, historical and comparative approach, which is expected to provide coherence and continuity to constitutional theories, so that the process of forming laws with outputs at each stage with more measurable results.

Item Type:	Article
Uncontrolled Keywords:	Legislation, government system, representative institutions.
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	27 Oct 2022 11:59
Last Modified:	27 Oct 2022 11:59
URI:	http://eprints.unite.edu.mk/id/eprint/1034

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