Presidential Authority Research Articles

Escaping isolation: Harry Truman and the sources of modern presidential authority

AbstractBetween 1947 and 1949, Harry Truman had all the markings of an isolated president. He was unelected, faced a Congress controlled by opposition Republicans, and was opposed by major segments of his own party. Yet unlike other presidents in similar isolated positions, Truman managed to overcome these institutional obstacles and was successfully elected to his own term in office and pulled the Democrats into majorities in both houses of Congress. This article examines the conditions that allowed Truman to escape his political and institutional isolation, arguing not only that Truman gives us a clear view of the strong constitutional basis of presidential power in the modern era, but also that extraconstitutional developments enabled Truman to do what no other isolated president was able to accomplish.

The President's Authority in the Organization of Political Campaign for General Elections May Lead to Presidential Bias

The President's Authority in the Organization of Political Campaign for General Elections May Lead to Presidential Bias

The President's Authority in the Organization of Political Campaign for General Elections May Lead to Presidential Bias

The President's Authority in the Organization of Political Campaign for General Elections May Lead to Presidential Bias

Wewenang Presiden dalam Pemberian Grasi Kepada Terpidana Warga Negara Asing

The granting of clemency is a constitutional authority vested in the president, allowing the reduction of sentences or the release of convicts. This study aims to examine the authority of the Indonesian president in granting clemency to foreign convicts, with a case study on President Susilo Bambang Yudhoyono's clemency granted to Schapelle Corby, an Australian citizen involved in a marijuana smuggling case. This study uses a normative juridical approach with an analysis of the laws and regulations governing clemency, as well as a review of the political, legal, and diplomatic aspects influencing the president's decision. The research also utilizes secondary data such as legal documents, journal articles, and relevant media reports. The findings indicate that the president's authority to grant clemency, including to foreign nationals, is regulated by the constitution and clemency laws. The clemency granted to Schapelle Corby was influenced by various considerations, including diplomatic pressure from the Australian government, the convict's health condition, and humanitarian factors. This decision elicited various public reactions, both supportive and opposing, with arguments encompassing legal, ethical, and national interest aspects. The study concludes that although the president has full authority to grant clemency, the exercise of this power should take into account broader factors, including its impact on international relations and public perception of the judicial system. This case study provides important insights into the dynamics between law and politics in the practice of granting clemency in Indonesia.

Ideological and Linguistic Features Analyses of US Presidential Written Discourse addressing Immigration and Terrorism Issues

The aims of this study seeks to examine the underlying linguistics features and ideological concept found in the political speech of American EX President, with a specific emphasis on tweets related to Islamophobia and immigration. The study employs a descriptive and interpretive research design. The corpus of the study consisted of 50 purposely selected Tweets, spanning from 2nd January 2015 to 20th May 2020. Data analysis were conducted using Fairclough's ten-question model (1993). It is found that Trump strategically employed his presidential authority to target Islam and immigration, portraying them as the root cause of terrorism and economic challenges. Trump employed favourable terms while referring to Americans and his supporters, while associating Islam and immigrants with unfavourable descriptors. The findings of this study revealed that Trump employed hyperbole to magnify the perceived threat posed by Islam and immigrants. Trump predominantly employed modal verbs expressing certainty rather than those indicating likelihood in order to demonstrate authority. The future and simple present tenses were commonly used to depict the current threat posed by immigration and the terrorism perpetrated by Islamic groups. The comparative and superlative forms were employed to compare the current state of brightness in the US with its past. The pronouns "we, our, us" were used most frequently to convey a sense of oneness and reduce the perceived barrier between Trump and the audience. Declarative sentences were the most expressive and meaningful acts.

The Urgency of Expanding the Position and Functions of the Vice President in a Presidential System: A Study on Article 4 of the 1945 Constitution

This research highlights the role and position of the Vice President within Indonesia's presidential system, which remains ambiguous compared to the clearly defined role and authority of the President. The lack of clarity in the division of duties and the poorly defined role often lead to overlaps or gaps in the responsibilities that the Vice President should fulfill. This can result in uncertainty in decision-making and the implementation of government programs. The presence of a Vice President should ideally add an extra layer of accountability within the government. However, if their role is unclear, the public may find it difficult to assess their performance and to hold them accountable for their actions or decisions. When compared to other countries' constitutions, such as the United States and the Philippines, the role of the Vice President is more defined, but the role of the Indonesian Vice President appears to be more dependent on the President's policies. In the 1945 Constitution of Indonesia, the role of the Vice President is only broadly outlined in Article 4 paragraph (2) and Article 8. This ambiguity causes the Vice President's authority to depend on the President's policies. This research utilizes legal regulation, conceptual, and comparative approaches to understand the Vice President's position and powers. The research findings indicate that the Vice President's role is intended to assist the President and has a primary role in assuming the President's position in accordance with Article 8 of the 1945 Constitution. However, the Vice President's role does not have absolute authority as their power depends on the President's policies and preferences. This creates a complex dynamic between the President and the Vice President, with the Vice President's authority merely shadowing the President's power. Upon examining Article 4 of the 1945 Constitution, the Vice President's role should emulate that of the Vice President of the United States. According to this provision, the Vice President, with support from the Ministers, has the authority to declare the President's incapacity to exercise power and presidential duties, and conversely, the President can make statements contrary to the Vice President's statements, complementing each other.

Presidential policymaking, 1877–2020

Abstract While presidents frequently create new policies through unilateral power, empirical scholarship generally focuses on executive orders and overlooks other categories of directives. We introduce data on more than 50,000 unilateral directives issued between 1877 and 2020 and use machine learning techniques to characterize their substantive importance and issue areas. Our measures reveal significant increases in unilateral activity over time, driven largely by increases in foreign affairs and through the substitution of memoranda for executive orders. We use our measures to formally evaluate the historical development of the unilateral presidency and reassess theoretical claims about public opinion and unilateral power. Our research provides new evidence about variation in the use of presidential authority and opens new avenues for empirical inquiry.

Conceptualization of the expansion of the Authority of the Supreme Court as a Dispute Settlement Institution for Authority of State Institutions outside the Constitution

The authority to form state institutions outside the constitution, especially Non-Ministry Government Institutions (LPNK) rests with the President based on Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The formation of these state institutions is not limited as the regulation on the number of state ministries which limits the number of ministries to 34 (thirty four). This can create the potential for overlapping authorities and authority disputes between state institutions outside the constitution so that it requires a state institution that can resolve them. Based on this, this study will examine related 1) how to reconstruct the President's authority in forming state institutions outside the constitution; and 2) how to conceptualize the extension of the authority of the Supreme Court as a dispute resolution institution for the authority of state institutions outside the constitution. This study uses a normative juridical method with a statutory approach. The results of the study indicate that the President has the authority to form state institutions outside the constitution through his authority in submitting Draft Laws, forming Government Regulations in Lieu of Laws, and forming Presidential Regulations, in which there are no restrictions. Arrangements for the formation of state institutions outside the constitution must be limited as state ministries in Article 15 of the Law on State Ministries. Then the concept of extending the authority of the Supreme Court as an institution for resolving disputes over the authority of state institutions outside the constitution can be taken from the granting of authority through attribution through Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The position of the Supreme Court as a constitutional organ and institution of judicial power is independent from other powers so that it has the potential to become an institution for resolving disputes over the authority of state institutions outside the constitution

Presidential Authority and the Legitimation of Far-Right News

What position do far-right news outlets occupy in contemporary U.S. politics, and how did Trump use the power of the presidency to contribute to their rise among Republican legislators and mainstream American media? We posit that Trump’s position as president, in conjunction with his populist communication style that favored far-right outlets, contributed to the legitimation of such outlets. We first analyze Trump’s tweets during his presidency (January 2017–January 2021) mentioning three far-right outlets (One America News Network, Newsmax, and Breitbart), conceptualizing these messages as authority signals that symbolically lend legitimacy to the media sources. We then provide rich descriptive information regarding subsequent mentions of the far-right outlets in four national mainstream newspapers as well as appearances by GOP (Republican) members of Congress in the far-right outlets. We find significant and positive correlations between Trump’s tweets and mainstream media coverage of One America News Network (OANN) and Newsmax, and significant and positive correlations between Trump’s tweets and GOP Congressional interviews on OANN and Newsmax. Together, these results represent an example of presidential authority signals that bolster far-right outlets and aid in their legitimization among legislators and the mainstream press. The findings shed light on the role of political leaders in the recent mainstreaming of the far-right across many democratic countries.

Presidential Campaign Authority in The General Election Law

The President's Authority to Campaign during the General Election has recently become an interesting topic of discourse among the public. Some people think that the President should not campaign to maintain the neutrality of elections, the President's dignity, and so on. However, on the other hand, the public thinks that it is okay for the President to campaign because basically it is not the norm in the laws and regulations that has been violated. Therefore, this research aims to examine the President's authority to campaign in Law Number 7 of 2017 concerning General Elections. This research is a qualitative research with a normative approach that uses legislative regulations as the main focus to elaborate and explain comprehensively the authority of the President's campaign in the General Election Law. The data used in this research is secondary data that researchers obtained from statutory regulations, scientific journals, books, credible websites, and a number of other sources that are commonly used in every research. These data were analyzed using grammatical and teleological legal interpretation methods. The result in this articel show 1. There are two different opinions, namely those who agree with the president's campaign with the argument of maintaining ELECTION neutrality, potentially causing abuse of power, and maintaining presidential ethics. But on the other hand, they think it's okay because no rules have been violated. 2. Article 281 paragraph 1 of Law Number 7 of 2017 concerning General Elections regulates the President's ability to campaign as long as he does not use state facilities and takes leave. However, this article was interpreted differently by Bivitri Susanti because it relates to the President who will nominate again and the President must be registered in the campaign team. Apart from that, Zainal Arifin Mukhtar also has the same opinion that the President's campaign could cause legal complications and could potentially lead to the practice of nepotism. 3. The researcher does not agree with the two constitutional experts because there is an inconsistency in Bivitri Susanti's argument that initially the president was not allowed to campaign by interpreting market 281 paragraph 1 as relating to the incumbent President, but in the next sentence it seems to allow it by requiring the President to be included in the campaign team. Regarding Zainal Arifin Mukhtar's opinion, researchers consider that campaigning and nepotism are two very different things. Can campaigning is something that has not happened and is stated in the laws and regulations, whereas nepotism is something that has already happened and needs to be proven first and it does not necessarily mean that the President campaigning is nepotism. The researcher adheres firmly to the principles of Nullum Delictum, Nulla poena sine praevia lege poenali" and the fiqh rule "Al-Ashlu Fil Muamalah Ibahah Hatta Yadulla Daliil 'Ala Tahrimiha". The researcher believes that article 281 paragraph 1 has provided a comprehensive explanation regarding these abilities and the limits of the President. if you want to campaign.

The Transaction Costs of the Administrative Presidency: Evidence From a Trump-Era Clean Water Act Enforcement Reduction

Over the last two decades, political polarization has gridlocked federal congressional capacity to meet environmental regulatory demands. As a result, presidential authority has expanded to overcome this legislative impediment leading to a new era of “administrative presidency.” In this new era, presidents have increasingly used their administrative authority to meet politically driven environmental goals. Yet, we still know little about how federal-level executive political actions impact the outcomes and operations of local regulatory environmental systems. This study fills this scholarly void by empirically testing the effect of a federal COVID-19 Clean Water Act (CWA) enforcement reduction on Safe Drinking Water Act (SDWA) implementation outcomes for local community water systems (CWSs) sourcing from surface waters (SWs). Using a framework grounded in transaction cost federalism, we argue that a politically motivated executive reduction in federal CWA enforcement is associated with poor local SDWA implementation outcomes. We test this assumption with a differences-in-differences econometric approach using data drawn from the federal Safe Drinking Water Information System database. Our findings suggest that the CWA enforcement reduction resulted in an over 50% increase in SDWA health violations by CWSs sourcing from SWs. The implications of this study extend to U.S. water policy and environmental federalism, highlighting the need for better coordination between the CWA and SDWA and the potential risks associated with relying on broadened executive actions to drive U.S. environmental policy. Further research is warranted to understand the consequences of administrative policy changes on U.S. environmental governance.

Legal Politics Of The Asean-China Free Trade Agreement (Acfta) In The Principles Of National Economic Prosperity

This research wants to find that Article 84 of Law number 7 of 2014 solves AC-FTA trade agreement on the macro economy in terms of the principle of national economic welfare and state institutions ratifying the AC-FTA trade agreement from the perspective of the separation of powers theory in frame of the Indonesian constitutional system. The research method used in this research is a normative juridical research method through literature studies which examine primary, secondary and tertiary legal materials. The results of the research are that the attribution of the President's authority to ratify the AC-FTA trade agreement has consequences for the national economy at a macro level in terms of the principle of national economic prosperity

Comparing the President's Authority in Forming Laws in Indonesia, the United States and Turkey

Each country is unique in running its government system. One of these uniqueness is related to the executive authority in forming laws, where even though these two countries both use a presidential system of government, there are differences in authority. This difference can be seen in Indonesia and the United States and Turkey, where even though these two countries both use a presidential system of government, there are differences in executive authority. To understand the legal ratio there are differences, even though the 3 (three) countries both use a presidential system of government, this research was conducted. The formulation of the problems in this study are 1) Characteristics of a presidential government system and 2) The authority of the President as an executive in making laws in presidential systems in Indonesia, the United States and Turkey. This research is a legalresearch with statutory approach, conceptual approach, and comparative approach. The results of the study show that in the Indonesian constitutional structure which is a Joint Function, the holder of the legislative function is the DPR which is carried out jointly with the President to then obtain joint approval. While the formation of laws and regulations in the United States is the House of Representatives and the Senate which are held by two chambers that have roles and functions of legislation that are balanced and equal to one another. If in Indonesia it is the executive who proposes to revise the law, in Turkey it is the majority party in parliament that proposes to revise the law. The presidential system in Turkey in terms of the relationship between the executive and the legislature is proactive.

2024 Election Delay Instructions Democracy Climate

The 1945 Constitution imposes stringent constraints on the President's authority, confining their tenure to a duration of precisely five years, with the possibility of extension for an additional period not exceeding ten years. In Indonesia, elections are conducted at intervals of five years, allowing for a single occurrence within this time frame. In the event that the 2024 elections are postponed and the presidential term is extended for three periods, it is likely to have a detrimental impact on the democratic climate and raise concerns regarding the violation of the country's constitution. Such actions could be characterized as a form of institutional terrorism.

Analysis of Legality Principle in the President's Authority to Suspend the Execution of Death Penalty Convict Mary Jane Veloso

Clemency is very important for the government of a country because it can reduce the risks arising from a judge's decision, especially for maximum punishment such as death penalty, which allows the execution of innocent people. Problems arise when a death row convict asks for clemency and the President rejects it. However, when the executions were to be carried out, the President issued an order to postpone the executions, causing legal uncertainty regarding the denial of clemency. As a result, law enforcement on narcotics crimes becomes ineffective. This happened when the execution of Mary Jane Veloso was postponed. In this study, delaying the implementation of decisions that have permanent legal force through clemency is not a legal remedy, but it is the right of the Head of State to grant pardons to citizens who have been sentenced by a court. Apart from that, there is a legality principle in the presidential policy in delaying the execution of convict Mary Jane Veloso which has been regulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and Law Number 1 of 2006 concerning Mutual Assistance. In Criminal Matters and Law Number 15 of 2008 concerning Ratification of the Treaty On Mutual Legal Assistance in Criminal Matters (Agreement on Mutual Assistance in Criminal Matters). Setting the provisions of the law is an effort to realize the principle of checks and balances, so that the use of this authority has been limited, that is, before the President decides to grant a postponement of the execution of the death penalty, the President must first obtain consideration from the Supreme Court.

5년단임 대통령제의 명암과 정부형태 개헌의 방향

The greatest achievement of the 5-year term presidency under the 1987 Constitution, which was the product of the June Democracy Movement, was breaking the cycle of dictatorship that had persisted since the enactment of the 1948 Constitution. The isolation from the era of dictatorship became an important foundation for abolishing the legacy of authoritarianism that had taken root throughout Korean society. The 1987 Constitution has had a profound impact on the political, economic, social, and cultural spheres. Since 1987, South Korea has experienced four regime changes, and democracy has matured. Transparency in society as a whole has improved through systems such as disclosure of public officials' assets, real-name financial transaction system, and confirmation hearings for public appointments. The elimination of authoritarianism has also had a positive impact on the economy and culture, leading to economic development and the growth of the cultural industry. As the era of state capitalism comes to an end, global companies are emerging in South Korea, and the era of censorship comes to an end, South Korea's cultural industry has begun to gain global influence.
 Despite the clear achievements of the 5-year term presidency under the 1987 Constitution, there are also significant issues that need to be addressed. These include corruption and malfeasance among the President's inner circle, the damage caused by excessive concentration of power in the hands of the President, the incompetence of the President, problems in the relationship between the President and the National Assembly due to issues in election cycles, and political polarization caused by factional leadership conflicts.
 I would like to propose a Korean-style presidentialism as a constitutional amendment to solve these problems. Specifically, the term of office of the president elected by a runoff vote shall be changed to a four-year mid-term system, but the election cycle shall be adjusted to elect members in half in the early general elections and mid-term elections, respectively. This would give citizens the opportunity to evaluate the President and the National Assembly through two parliamentary elections. Introducing a vice-presidential system could lead to new problems, so it is preferable to maintain the Prime Ministerial system, but if the National Assembly has the power to recommend the Prime Minister, they could play an active role in the appointment of the Prime Minister every two years, in the event of an opposition party victory in a parliamentary election. This could also enable the formation of a coalition government between the ruling and opposition parties. In addition, it is necessary to reduce the President's authority to appoint constitutional officials and to expand the influence of the National Assembly.

Comparative Law on the Authority of the House of Representatives (Indonesia) with the National Parliament (Timor Leste)

Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.

How Jacob Zuma Revitalized Feminism in South Africa

On August 6, 2016, the week of the South African public holiday Women’s Day, an extraordinary protest held the nation spellbound. Then president Jacob Zuma was announcing the results of local government elections live on national television when four young women walked out of the throng of election officials and politicians. They stood in front of the president, silent but visible on the televised screen. They held up placards: “I am 1 in 3,” “Ten Years Later,” “Khanga,” “Remember Khwezi.” Although the protesters stood for the duration of the broadcast, they were forcibly removed by security agents immediately after Zuma left the stage and the cameras moved offscreen. Hustled to the back of the room, they were lambasted by senior women leaders of the African National Congress (ANC) for their “inappropriate” action. This was a spectacular demonstration: silent and nonviolent, its tactics and timing pierced the performance of presidential authority and made visible a new form of feminism.

Protection of Citizens' Constitutional Rights From The Authority of The President In Indonesia

The constitutional rights of Indonesian citizens have been regulated in the 1945 Constitution, that constitutional rights are the rights of citizens which include the right to live, the right to have a family and continue offspring, the right to self-development, the right to obtain justice and access to the same law, the right to personal freedom, the right to feel safe, the right to welfare, the right to participate in government, women's rights and children's rights. One of the efforts to safeguard the rights of citizens that have been protected by the 1945 Constitution of the Republic of Indonesia is the establishment of a state institution whose job is to handle all matters relating to constitutional rights in the country, namely the Constitutional Court. The 1945 Constitution gives limited authority to the Constitutional Court to examine laws passed by the president against the constitution. By using normative legal research methodology and literature studies and using a conceptual approach (conceptional approach). This research will discuss the protection of citizens' constitutional rights from the president's authority in forming PERPU which is subjective. The result of this research is that efforts to protect citizens' constitutional rights can be carried out based on protection from the Constitutional Court as an institution that carries out a constitutional review of laws drafted by the president as well as restrictions on the president's authority in establishing PERPU.

Relationship for the Establishment of Local Regulations in the Job Creation Law

The job creation law was born with the aim of opening the widest possible investment climate in Indonesia. To date, investors still face obstacles in investing in the form of difficult regulations. This can be seen in the inadequate coordination between local regulations and central government regulations. Based on this, the problem arises how is the relationship for the establishment of local regulations in the job creation law? The method used in this research is normative legal research with a qualitative approach method with a focus on regulations and related data to answer problems. It can be concluded that Article 174 of the job creation law adds rules regarding the relationship between the central and local governments, namely the authority of local governments as part of the presidential authority. Article 176 a quo also changes a number of local government authorities. For example, the licensing authority in Article 350 of Law 23/2014. In PP No 6/2021, Article 3 Implementation of Business Licensing in the Regions is carried out by the Central Government, Provincial Government, and City/Regency Goverment in accordance with their respective authorities based on the provisions of laws and regulations. From the licensing rules, it is not executive preview as a form of preventive supervision, but top-down control that dominates. This has the potential to eliminate local content and conditions based on regional interests.