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63 J.L. Pol'y & Globalization 97 (2017)
The Existence of President's Authority and Responsibility in Realizing the Purpose of the State

handle is hein.journals/jawpglob63 and id is 99 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.63, 2017


     The Existence of President's Authority and Responsibility in
                          Realizing the Purpose of the State

               Yeheschiel Bartin Marewa*    Abdul Razak     M. Djafar Saidi   Marthen Arie
                     Graduate School, Hasanuddin University, South Sulawesi, Indonesia

Abstract
The  government  protects the entire Indonesian nation and the entire Indonesian blood, promotes the general
prosperity and educate the life of the nation. As a State that intended to promote the general welfare, the
attachment of the function of promoting the general welfare in the welfare state raises several consequences to
the implementation of government. The  research used in this article is a normative research. The results show
that the existence of arrangement on the President' authority and responsibility remain regulated and guaranteed
by the 1945 Constitution of the Republic of Indonesia. Hence, in realizing the States' goal to prosper the people
is depending on the morale and commitment of the President. The President' responsibility in realizing the State'
goal in this matter Public Welfare in addition to carrying out what has been regulated by legislation, should
formulate a program related to the promises at the time of the campaign as a form of commitment to the people.
Based  on the findings of this research, the authors suggested that for the next presidential election really pay
attention to a candidate not only from physical appearance but need to track record how the commitment to the
1945 Constitution in in Realizing the Purpose of the State.
Keywords:   Constitutional Rights, President, Welfare State

1. Introduction
The  founding fathers' ideal when declaring the State of Indonesia with a principle as the Welfare state. This
spirit as mandated in the Preamble of the Constitution of the Republic of Indonesia determines the goals of the
State to protect the entire nation of Indonesia and to promote the common prosperity and social justice. Welfare
is regarded as an implied concept of the State's natural goal, regardless of the type and goal of the State.
     The concept  of welfare state includes not only a description of a way of organizing welfare or social
services.' It is also a normative concept or an ideal approach system that emphasizes that everyone should obtain
social service as their right. Also, the welfare state is the derivative of ideological struggle and theory, especially
the left wing view, such as Marxism, Socialism and Social Democratic. Nevertheless, and interesting the concept
of welfare state actually develop in democratic and capitalist countries, not in socialist countries.
     In the current era, the discourse of the welfare State to be a public attention, especially among academics
where the concept of welfare State is considered as the right answer to the form of State involvement in this case
the government specifically the president in promoting the people' welfare. The powerful opinion states that the
Indonesia is designed as a welfare state and it can be seen from the preamble of the 1945  Constitution in
paragraph IV which  states that the government protects the entire Indonesian nation and the entire Indonesian
blood, promotes the general prosperity and educate the life of the nation.
     The wishes  and objectives of every president and parliamentarian when  campaigning  or beginning its
administration is to realize the ideals and goals of the State as stated in the preamble of the 1945 Constitution.
However,  as adigium  from  Lord Acton  states that absolutely power tends to corrupt but absolute power
corrupts absolutely, the great power will tend to be corrupt in the sense of abuse of power.
     In addition, in a State where the peoples have not yet understood the State and rational and impersonal
administration, then political and legal institutions tend to coincide with the concept of personal character. Thus,
in such circumstances, all political decisions are largely influenced by the personal character and the personality
and behavior of the leader who determines the decision.
     View this matter if compared to other Asian countries such as South Korea, Taiwan and Singapore and even
Malaysia that are so fast or have succeeded in building their welfare State while in terms of independence era,
we are older and from the natural resources, we are richer, and our population is the world's largest fourth.
     As a State that intended to promote the general welfare, the attachment of the function of promoting the
general welfare in the welfare state raises several consequences to the implementation of government, namely
the government  must play an active role in interfacing the field of socio-economic life of the community. For
that to the government delegated responsibility bestuurszorg or public service.2 In conduct the governmental, the
Government  has been equipped with both attributive and delegative authorities.
     In this context, the President of Indonesia, in performing the duties and responsibilities is very transparent

1 Muryanto Amin, Konsep Negara Kesejahteraan dari Waktu ke Waktu, Jumal Politica Vol.3 No.2 July 2011, 216-245
2 SF. Marbun, Peradilan Administrasi Negara dan Upaya Administratifdi Indonesia, Yogyakarta: FH UII Press, 2011, pages.
137-138


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Journal of Law, Policy and Globalization


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