TINJAUAN HUKUM PENGATURAN MASA JABATAN PRESIDEN 3 PERIODE MENURUT UUD 1945

Abstract

Restrictions on the term of office of the president in Indonesia are carried out so that there is no abuse of authority and power by the leader of the country. Previously during the days of Presidents Soekarno and Soeharto, they served more than two terms, although elections were held but were always the sole candidates so they were always elected and the term of office was very long. During this period of authoritarian leadership, there were many deviations from the 1945 Constitution. After the end of authoritarian rule, amendments were made to the 1945 Constitution, one of which was the limitation of the presidential term. The 1945 Constitution affirms that the president and vice president, holding office for 5 (five) years and thereafter can be re-elected to the same office for only one term, thus a maximum person can only be president or vice president in two terms, whether consecutive or not. The discourse of changing the presidential term to 3 (three) terms has appeared in the People's Consultative Assembly, but the proposal is contrary to the spirit of the 1998 reforms and many walks of life do not approve of the extension of the presidential term.

This research uses normative types of research and its approach is oriented towards the statute approach, historical approach, and conceptual approach. The legal material used in this study is secondary law and is supported by relevant non-legal materials. This study aims to review and examine the arrangement of a 3-term presidential term. The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceedings journals.

Keywords : Tenure, President, 1945 Constitution