Legality and Legitimacy of Law Promulgated Without Presidential Ratification in the Presidential Government System

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 a 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 to be with more measurable results.

The Urgency of Presidential Institution Regulations in Strengthening the Presidential Government System

“…The characteristics of a presidential system of government according to Scott Mainwaring are (Saraswati, 2012) The Indonesian government system before the amendment to the 1945 Constitution did not state explicitly (verbally expressively) that the country's government system is a presidential government system (Sianipa et al, 2022). (Sukma, & Saraswati, 2013).…”