Hamdan Zoelva Scientific Oration at the Faculty of Law, Yarsi University.
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Constitutional Justice Hamdan Zoelva when presenting scientific papers "Dimensions of Law and Politics in Presidential Impeachment Process" at the Faculty of Law, Yarsi University, Jakarta, Thursday (17/2/11).


Jakarta, MKonline - The process of impeachment of President after the amendment of UUD 1945 began with the proposal initiated by members of parliament to exercise the right to express opinion, concerning allegations that the President violated the law of treason against the state, corruption, bribery, other felonies and moral turpitude. 
"If the proposal to exercise the right to express opinion accepted in the plenary session, Parliament will form a special committee to study this problem by conducting an investigation, looking for evidence, witness testimony and ask the relevant parties, including discussing with the President," said Hamdan Zoelva the Constitutional Justice when giving scientific oration "Dimensions of Law and Politics in Presidential Impeachment Process" at the Faculty of Law, Yarsi University, Jakarta, Thursday (17/2) afternoon.
 
Hamdan also said that, if the House of Representatives plenary session -by the result of the Special Committee discussion- receives a statement of opinion with the approval of at least 2 / 3 members of parliament who attended the plenary meeting which was attended by at least 2 / 3 members, the House of Representatives will then appeal to the Constitutional Court to examine and adjudicate the opinion of the House of Representatives.
 
"The procedural law of President impeachment in the Court shall follow the applicable procedural law in the Constitutional Court, which is governed by the laws and regulations of the Constitutional Court. Also, the Constitutional Court can only investigate and prosecute case when there is a request for the impeachment of President from the Parliament which clearly outlines the allegation of that the President violated the law as previously mentioned" said Hamdan. 

During the 62 years of Indonesia's independence, the impeachment to the President of Indonesia has occured twice. First, the impeachment of President Soekarno in 1967. Second, the impeachment of President K.H. Abdurrahman Wahid in 2001. Soekarno was deposed by the Assembly after receiving the memorandum of House Of Representatives-Mutual Cooperation (DPR-GR). In a speech before the Assembly in Nawaksara June 22, 1966,  Soekarno could not account for the President’s policy regarding the rebellion of G-30 S / PKI and its epilogue, the economic decline and demoralization.
 
"While Gus Dur deposed in Assembly Special Session for violating the 1945 Constitution and the National Guidelines (GBHN), Gus Dur's refusal to attend the request of the Assembly to give account in the Special Session of the Assembly, and the President decree to freeze the Assembly and House of Representatives as well as to disband the Golkar Party are considered by the Assembly as a violation of the President to the 1945 Constitution and the National Guidelines, "said Hamdan.
 
On that occasion, Hamdan expressed the conclusion that as a constitutional state, the process the of impeachment of President in Indonesia should respect and ensure the establishment of the principles and elements of constitutional state. Aspects of law or constitutionality of the impeachment of President becomes an essential element in impeachment.
 
"A president can not be deposed without rightful reason of law and constityutional mechanism. At this level, the meaning of legality and constitutionality of the impeachment of President should be respected, "said Hamdan. 

However, Hamdan continue, legality and constitutionality is not a single aspect of the impeachment of the President. However, impeachment of President is a political act, making it difficult to separate from the political aspect. 

"As a political process, the impeachment of President is strongly related to the balance of power, political conflicts, political forces which play in that process as well as other factors such as the popularity of the President, the mass media, economic conditions and international pressure," said Hamdan. (Nano Tresna A./mh/Sailanov)



Thursday, February 17, 2011 | 16:35 WIB 165