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Mahfud MD Mundur, Siapa Yang Menggantikan? | Helmy Yahya Bicara

Helmy Yahya Bicara・45 minutes read

The current legality of the president campaigning for himself and others is discussed in the context of Indonesian politics, with a focus on ethical and legal norms, constitutional court decisions, and potential consequences of delayed elections. The text also delves into the importance of maintaining civility, respect, and legal challenges in political debates, emphasizing the significance of legal proficiency over justice and the need for ongoing learning and growth in a complex political landscape.

Insights

  • Legal norms allow the President to campaign, but it's seen as a constitutional flaw, requiring adherence to specific regulations like taking leave and not using state resources.
  • The intersection of ethics and law is emphasized, with ethical norms underlying legal norms, showcasing the importance of ethical considerations in legal and human life aspects.

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Recent questions

  • Can the president campaign for candidates?

    Yes, the president can campaign for candidates.

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Summary

00:00

Presidential Campaigning: Legal, Ethical, and Final

  • According to positive law, the president can campaign, taking sides is allowed, but this is considered an illegitimate child of the constitution.
  • Mr. Perowo mentioned towards the end of a period that only three candidates remained, one from outside Java, one from West Java, and one from East Java.
  • Mr. Jokowi was initially hesitant about running for president, but Mr. Mahfud later confirmed he would step down, waiting for the right time.
  • The legality of someone becoming Attorney General through appointment was questioned, with Mr. Le stating it was legal but in the Republic of Dreams.
  • The current political climate is heating up, with serious and fundamental issues facing the nation, requiring deep consideration and solutions.
  • Prof. Yusril Izam Mahendra discussed the President's non-neutrality in campaigning, highlighting the legal aspects and historical context.
  • The current law permits the president to campaign for himself and other candidates, with specific regulations to follow, such as taking leave and not using state facilities.
  • Ethical norms underlie legal norms, with legal norms forming polite norms, and ethical norms being fundamental in human life.
  • The Constitutional Court's decision is final and binding, unable to be appealed, and must be obeyed by all parties, even if criticized.
  • Academic examination of court decisions can be done for academic purposes, but does not invalidate the court's decision, with ethical sanctions possible for judges.

14:17

Political turmoil, ethics, and legal challenges discussed.

  • Political turmoil continues to be a prevalent issue, with its duration uncertain until the person in power steps down.
  • Gossip surrounding past presidents like Gus Dur, Bu Mega, and SBY is expected to persist post-presidency.
  • The importance of ethics and justice, as emphasized in the Quran, is highlighted for fair decision-making.
  • The conflict between justice and legal certainty is explored through a doctoral candidate's dissertation.
  • Legal certainty is prioritized over justice by government officials, even if it leads to complaints.
  • The controversial Constitutional Court decision allowing Mr. Gibran to run as a vice presidential candidate is discussed.
  • Potential consequences of delayed elections, including a constitutional crisis, are mentioned.
  • The significance of legal proficiency over justice in resolving conflicts is emphasized.
  • The need for respectful legal challenges, as seen in the case of Mr. Gibran's candidacy, is encouraged.
  • The importance of maintaining civility and respect in political debates and legal actions is highlighted.

29:36

"Prof. Yusril: Legal Career and Fashion Choices"

  • The law does not mandate resignations unless there is a second round, leaving the decision to individuals.
  • Mr. Mahfud's resignation is optional as there is no legal requirement for it.
  • Prof. Mun's rumored resignation is not confirmed, similar to past rumors about Prof. Yusril.
  • Prof. Yusril has held ministerial positions in Law and Legislation, as well as Justice and Human Rights.
  • Prof. Yusril's fashion choices, influenced by his family and environment, include unique shoes and clothing.
  • Prof. Yusril's childhood love for Mickey Mouse impacted his fashion sense.
  • Prof. Yusril's legal career includes defending various cases, some of which were lost.
  • Prof. Yusril's victories in legal cases, notably challenging the Attorney General's legitimacy, are remembered.
  • Prof. Yusril's family's coffee shop tradition spans three generations in Manggar Kota.
  • Prof. Yusril's legal expertise in drafting laws, including the Attorney General's term, is highlighted.

43:04

Leadership Changes and Legal Challenges in Indonesia

  • Andi Galib appointed as Attorney General of Indonesia with status at the level of a state minister
  • Paisal Tanjung appointed as commander of the TNI with a status at the level of a state minister
  • Abdurrahman Saleh replaced by Hendarman Supanji as Attorney General
  • Hendarman Supanji appointed as Attorney General in the first cabinet and PW in the second cabinet without a decree
  • Constitutional Court declared Attorney General invalid, leading to the absence of an Attorney General in Indonesia
  • Challenges faced by the speaker, including being declared a suspect and reducing law offices due to a bumpy road
  • Collection of books and documents handed over to the Bui Law Faculty
  • Importance of studying philosophy alongside law and political science for sharpening analytical skills
  • Tribute to influential teachers and mentors, including Osman Ralibi, and the significance of continuous learning and growth
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