Controversy of Presidential Decrees in a State of Emergency in Indonesia: Case Study of The Decrees of President Soekarno And President Abdurrahman Wahid

The debate of the decrees President Soekarno and Abdurrahman Wahid regarding constitutional unconstitutional presidential decree in emergency law continues to be a controversy that does not end until now because it is still being discussed related situation. This paper discusses 2 (two) phenomenal or terms law. By using normative juridical research methods. approaches used are statutory approach, conceptual historical approach. 3 (three) main findings, among others: First, Presidential Decree de facto jure motivated by no recognition political action legal action; Second, formally regulated Article 12 22 Constitution Republic Indonesia 1945 if country state danger, president can make decisions accordance with authority laws regulations; Third, said Indonesian constitution. legislation so formation considered cannot based on However, law, this situation becomes normal use as usual when condition.