[hanomantoto]

TEMPO.CO, Jakarta – On Friday, November 8, 2024, Vice President Gibran Rakabuming Raka started to assume presidential duties while President Prabowo Subianto traveled abroad for two weeks. Prabowo will attend the APEC summit in Peru on Nov. 10-16 and the G20 summit in Brazil on Nov. 18-19.

“There are invitations, the G20, the APEC, as head of state, he must attend,” said State Secretary Minister Prasetyo Hadi at the Presidential Palace complex in Jakarta on Tuesday, October 29, 2024. “Of course (the vice president will run the government), that’s the rule.”

Is there a legal basis for the vice president to assume presidential duties when the head of state travels abroad?

The delegation of presidential duties to the Vice President when the President is unable to perform the presidential duties is a mandate of the 1945 Constitution of the Republic of Indonesia. As stated in Article 4 (2), the President shall be assisted by a Vice President in performing his duties.

“In carrying out his duties, the President is assisted by one Vice President,” reads the article.

This regulation is further strengthened in the People’s Consultative Assembly Decision or TAP MPR RI Number VII/MPR/1973 of 1973 concerning the Conditions of the President and/or Vice President of the Republic of Indonesia Being Unable to Fulfill Duties. This regulation governs the provisions if the president is permanently or temporarily unable to fulfill duties.

Article 1 paragraph 2 of this regulation explains that permanent incapacity occurs when the president dies, resigns, or is unable to fulfill the obligations during the term of office. In the event of the permanent incapacity of the president, the vice-president shall replace the president until the end of the term.

Temporary incapacity occurs when the President is unable to perform the duties of the office for reasons other than those specified in Article 1, paragraph 2. If the Head of State is temporarily unable to perform his duties, for example, due to illness or because he is abroad, the President shall designate the Vice President to perform the duties of the President.

The procedure for delegating presidential duties to the Vice President while the President is abroad was also regulated in the Presidential Decree of the Republic of Indonesia No. 8 of 2000 on the Assignment of the Vice President to Carry Out the President’s Duties When the President is Abroad.

In Article 1 paragraph (1) of the decree signed by the 4th President of Indonesia Abdurrahman Wahid or Gus Dur on January 26, 2000, it is stated that when the President is abroad, the President assigns the Vice President to carry out the daily duties of the President. The daily duties of the President that the Vice President can perform include:

1. Leading a Cabinet Meeting

2. Providing policy implementation direction to ministers

3. Coordinating with the heads of the highest state institutions

4. Receiving foreign guests

5. Inaugurating Ambassadors and Full Powers of the Republic of Indonesia and Receiving Letters of Credence from Ambassadors of Foreign Governments

6. Inaugurating, opening, and/or attending state or other official events

7. Other daily governmental duties.

This decree also stipulates that the Vice President’s assignment to carry out the President’s daily duties must be determined by presidential decree. The presidential decree must clearly specify the duration of this assignment.

In addition, if during the period of assignment, it is necessary to establish a new policy immediately, the Vice President, as Acting President, must first consult with and obtain the approval of the President. The vice president must also continue to utilize and receive the full support of the organization that assists the president on a daily basis.

“Upon the president’s return to the homeland, the assignment ends and the vice president immediately reports to the president on the implementation of these tasks,” reads Article 5 of this decree.

HENDRIK KHOIRUL MUHID | DANIEL A. FAJRI

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