Wednesday 27 April 2016

Presidential institution.

President and Vice President of Indonesia (jointly referred to the presidency, Indonesia) has a history almost as old as the history of Indonesia. Said almost the same because at the time of the proclamation of August 17, 1945, Indonesia has not had a government. It was not until the following day, August 18, 1945, Indonesia has a constitution that became the basis for the rules of government (1945) and the presidency, which led the entire nation. From this point the Presidency historic journey begins.
The history of the presidency, Indonesia has its own uniqueness, as each nation has the characteristic of the history of their respective leaders. In the history of the presidential institution through which colored at least three or even four constitutions. Additionally it can be said "only" is set in the constitution. Regulations under the Constitution only regulates a small portion and that too lying scattered in different types and levels of regulation. This contrasts with the legislature and judiciary that have laws regarding the composition and status of the institution itself. Other than that issue and periodization figures also require further scrutiny.
Therefore the presidency is mostly set in the constitution, then the discussion will be focused on the history of this institution according to the settings in the constitution and will be divided according to the respective period of validity of the constitution. Even this division is not entirely off the hook at least two periods. First, the period between 1949-1950 when there are two current constitution simultaneously. Second, between 1999-2002 when dismantling the constitutional experience. In addition, because the dynamics are still ongoing, the discussion of the article will be restricted until 2008, or at least mid-2009.

According to the period.
The period 1945-1950.
The period of August 18, 1945 - August 15, 1950 is the period for which the constitution passed by PPKI on August 18, 1945, who would later referred to as the 1945 Constitution of this period is further divided into two stages, first, between August 18, 1945 - December 27, 1949 when Indonesia stand-alone state, and the second between December 27, 1949 - August 15, 1950 while Indonesia joins countries as state of the federation of the Republic of Indonesia States.
According to the 1945 Constitution, the presidential institution, which is personal, consisting of a president and a vice president. The institute is elected by the Assembly with certain requirements and have a term of 5 years. Before running this institution duties swore before the MPR or DPR.

According to 1945
The president holds the power of government
The President is assisted by a vice president
The vice president replaces the president if the president died, stopped, or can not perform his duties during his
President shall determine the government regulations
The President is assisted by a minister
The President may request consideration to DPA
The President holds the highest authority of the Indonesian National Army
President declare war and make peace as well as agreements with other countries on the approval of Parliament
President declares state of emergency
President appoints and receive diplomatic missions
Presidential pardon, amnesty, abolition and rehabilitation
The President gave the title and honors
The president holds the power to make law with the approval of Parliament
The President reserves the right to veto of the House of Representatives
President is entitled to issue a government regulation in lieu of law in urgent circumstances.

On August 18, 1945, for the first time, the president and vice president elected by PPKI. In this transition period the president's power is very great because the whole power of the MPR, DPR, and DPA, before the agency was established, run by the president with the help of the Central Indonesian National Committee (KNIP). However, heavy duty also imposed on the president to organize and administer all matters set 1945.
Only a few months of government, KNIP who became assistant to the president in the exercise of power MPR, DPR, and DPA asked for more power. It was then addressed by the presidential institution by giving the power to set the state policy and establish laws through the Vice President No. X edict issued on October 16, 1945. Less than a month, the president's power is reduced by the formation of the Cabinet Syahrir I are no longer responsible for him but to Agency Workers KNIP. In the following years when the state of emergency, June 29, 1946 - October 2, 1946 and June 27, 1947-3 July 1947 the president took power again. Similarly, between January 29, 1948 - December 27, 1949 is a presidential cabinet back (responsible to the president).
When the government, including the presidency, in Yogyakarta paralyzed and unable to perform his duties when the Dutch Military Aggression II. While at the same time, on the basis of the mandate given emergency shortly before the fall of Yogyakarta, an Emergency Government of the Republic of Indonesia (Emergency) established in the interior of Sumatra (December 22, 1948 - July 13, 1949) legitimized legitimate. This condition raises the government and the presidency double. For emergency rule and even then has the government leadership (or the Presidency) as Chairman of the Provisional Government. This has often led to controversy and prolonged polemic regarding the status of the emergency government and head of the emergency government status.
For some people, the Emergency Government and also the Chairman of the Provisional Government was the recipient of the baton of leadership of government and the national government in the capital of the enemy captivity. Therefore, his position can not be ignored. Moreover, on July 13, 1949, the Chairman of the Government Emergency sjafruddin prawiranegara formally handed back the mandate to the Vice President Mohammad Hatta, the return of prisoners of the enemy. But for others, not resignation of the president and vice president formally indicate the baton of governance and national kepemmpinan retained by Sukarno and Mohammad Hatta were captured. Moreover, negotiations, such as the Roem-Royen, carried out by government and the presidency were captured not by the emergency government.

The period 1949-1950.
In the period from December 27, 1949 - August 15, 1950, Indonesia joined the federation of the Republic of Indonesia States with a position as a state. This resulted in the enactment of the constitution 2 simultaneously in the state of RI, the RIS Constitution and the Constitution of 1945. On December 27, 1949, President Sukarno was officially handed over to the Indonesian government power Assaat as Stakeholder The President.
According to the Constitution RIS, the presidency, which is personal consists of a president. The president is elected by the Council of Electors (Electoral College) consisting of delegates states with certain conditions. Before carrying out its duties, the president vowed before the Board of Electors.
In contrast to 1945, RIS Constitution regulates the status and powers, duties and authority, and the rights and obligations of presidential institutions in more detail. Additionally in the systematics Constitution RIS, things are set up on the presidential institution is not located in a special chapter, but scattered in various chapters. According to the Constitution RIS (in particular):
The President serves as head of state
The President is part of the government {Article 68 (1) and (2), 70, 72 (1)};
The President shall be inviolable and all liability in the hands of cabinet {Article 74 (4), 118 (2), and 119};
The President may not: (a). dual position with the position of any kind, either inside or outside the federation, (b). participate or guarantor company held federal and state levels, (c). and have accounts at the expense of the state [Article 79 (1), (2) and (3). Prohibition (b) and (c) remain in force for three years after the president resigned {Article 79 (4)};
The President and the former president tried by the Supreme Court for malfeasance or other abuses committed in his tenure {Article 148 (1)}.
Financial terms of the President is set in federal law (article 78);
President with the approval of the Cabinet Council of State Voter form {Article 74 (1) - (4)};
The President witnessed the inauguration of the cabinet (Article 77);
President receives notice of the cabinet regarding important matters {Article 76 (2)};
The President witnessed the inauguration of the Senate (Article 83);
The President appoints the chairman of the Senate {article 85 (1)} and watched his inauguration (Article 86);
The President watched the inauguration of members of Parliament (Article 104);
The President endorsed the election of chairman and vice-deputy chairman of the House {Article 103 (1)};
The President acts as the administrative / legislative affairs {protocol in Article 128 (1) and (2), 133-135; 136 (1) and (2), 137, and 138 (3)};
The President acts as the administrative / protocol in the affairs of the constitutive {Article 187 (1) and 189 (3)}.
President of the Senate consideration of lifting the Chairman, Vice Chairman, and members of the Supreme Court for the first time {Article 114 (1)} and dismiss them at his own request {Article 114 (4)};
President of the Supreme Court consideration of pardon and amnesty (article 160);
President of the Senate consideration of lifting the Chairman, Vice Chairman, and members of the Supervisory Board of Finance for the first time {Article 116 (1)} and dismiss them at his own request {Article 116 (4)};
President convened and ratify international treaties on the power of federal law (Article 175);
President appoints and receive diplomatic missions (Article 178);
The president holds military power {Article 183 (1) and (3)};
President gives honors according to federal law (Article 126).
In addition to acting in particular, as part of the government in administrative functions / protocol, the president, according to the constitution, among others:
Running the federal government (Article 117);
Listening to Senate consideration of Article 123 (1) and (4);
Annotate the Senate (Article 124);
Ratify or veto laws already approved by the House and Senate {Article 138 (2)};
Issued emergency regulations (Emergency Law) in urgent circumstances (article 139);
Issued a government regulation (article 141);
Holding foreign affairs (Article 174, 176, 177);
Declare war with the approval of the House of Representatives and the Senate (article 183);
Declaring a state of emergency {Article 184 (1)};
Proposing draft federal constitution to the constituent {Article 187 (1) and (2)}, and announced the constitution {Article 189 (2) and (3)} and the announced changes to the constitution {Article 191 (1) and (2)}.
Of the presidency in this period only a very short-lived. RI and RIS reached an agreement on May 19, 1950 to return to a unitary state. On August 15, 1950, before the session of the House and the Senate, proclaimed the establishment of the unitary Republic of Indonesia, replacing the Republic of Indonesia States federated states. RIS constitution changed to Constitution While the Republic of Indonesia (hereinafter known as the Provisional Constitution of 1950) under Law No. RIS 7 1950. On that same day, Stakeholder Positions President, Assaat, officially handed over the power of government as President Sukarno of Indonesia to the Republic of Indonesia.

The period 1950-1959.
The third period is the period of implementation of republican Provisional Constitution of 1950 that would later called the Provisional Constitution of 1950. Provisional Constitution of 1950 is actually an amendment to the Provisional Constitution of the Republic of Indonesia (the federal constitution - UUDS RIS). In terms of material, Provisional Constitution of 1950 is a mix between a federal state-owned RIS UUDS Republic of Indonesia States by 1945 which was passed by PPKI property of the Republic of Indonesia, as a result of the approval of RIS and RI on May 19, 1950. In precisely this period took place between August 15, 1950 - July 5, 1959.
According to the Provisional Constitution of 1950, the presidency, which is personal consists of a president and a vice president {Articles 44, 45, 46 (1), 47, and 48}. President and vice president elected by the Act with certain conditions {Article 45 (3) and (5)}. There is no clear tenure for the institution, but from the nature of the interim constitution (articles 134 and explanation of the constitution), this position is maintained until there is a new institution under the constitution drafted by the Constituent fixed. Before performing its duties president and vice president swears in front of the Parliament (Article 47).
Just like UUDS RIS, 1950 Provisional Constitution regulates the status and powers, duties and authority, and the rights and obligations of presidential institutions in more detail. In a systematic constitution while things were set on the presidential institution is not located in a special chapter, but scattered in various articles in the constitution. According to the interim constitution (in particular):
President and vice president are fittings countries (Article 44);
President and vice president based in the seat of government {Article 46 (1)};
The President serves as head of state {article 45 (1)};
The vice president assists the president in carrying out its obligations {Article 45 (2)};
The vice president replaces the president if the president is unable to perform its obligations (Article 48);
President and vice president can not be tampered with and the entire liability in the hands of the cabinet (chapters 83 and 85);
President and vice president are prohibited: (a). dual position with the position of any kind, either inside or outside the country, (b). participate or guarantor company held state and autonomous regions, (c). and have accounts at the expense of state {Article 55 (1), (2) and (3)}. Prohibition (b) and (c) remain in force for three years after the president resigned {Article 55 (4)};
President and vice-president and former president and former vice-president was tried by the Supreme Court for malfeasance or other abuses committed in his tenure {Article 106 (1)};
Financial terms of the president and vice president shall be regulated by law (article 54);
President to form a cabinet (chapters 50 and 51);
The President witnessed the inauguration of the cabinet (Article 53);
President and vice president of the cabinet receive notifications regarding important matters {Article 52 (2)};
The President witnessed the inauguration of the House of Representatives (Article 63);
The President endorsed the election of the Chairman and the Vice Chairman of the House {Article 62 (1)};
The President acts as the administrative / legislative affairs {protocol in Article 90 (1), 92, 93, and 94 (3)};
The President has the right to dissolve the Parliament and ordered the formation of a new parliament (Article 84);
The President witnessed the inauguration of the Constituent Assembly, and endorsed the election of the Chairman and Vice-deputy chairman of the Constituent Assembly (Article 136);
The President acts as the administrative / protocol in the affairs of the constitutive {Article 140 (2)};
President dismiss the Chairman, Vice Chairman, and members of the Supreme Court at the request {Article 79 (4)};
Presidential pardon, amnesty and abolition to the consideration of the Supreme Court (Article 107);
President dismiss the Chairman, Vice Chairman, and Members of the Financial Supervisory Board at his own request {Article 81 (4)};
The President gave a sign of honor according to the Law (Article 87);
President appoints and receive diplomatic missions (Article 123);
President convened and ratify international treaties on the power of the Law (article 120);
The president holds military power (article 127);
The President declared the war with the consent of Parliament (Article 128);
The President declared a state of emergency {Article 129 (1)}.
In addition to acting in particular, as part of the government in administrative functions / protocol, the president (and vice president), according to the constitution, among others:
Running the government (Article 82);
Ratify or veto laws already approved by Parliament {Article 94 (2) and 95 (1)};
Issued emergency regulations (Emergency Law) in urgent circumstances {Article 96 (1)};
Issued a government regulation {Article 98 (1)};
Holding the general financial affairs {Article 111 (1)}.
Of the presidency during the third republic is unique. Leaders who assumed the presidency in this period is the result of the approval of RIS and RI on May 19, 1950 (explanation of the constitution). While the figures for the first vice president appointed by the president of the figures submitted by the House of Representatives {Article 45 (4)}. From these things it is clear that the presidency (president and vice president) is only temporary as the imposition of the provisional constitution and will end with the presidency under the constitution remains to be made.
In the course of the vice president experienced vacancies per December 1, 1956 as the vice president resigned. Rules Article 45 (4) no longer can be used to fill the vacancy while the constitution and election law remains president and vice president yet. In 1958 the president was absent and replaced by acting president. The power of the presidency is automatically ended with the advent of the presidential decree of July 5, 1959 and was replaced by the presidency in 1945 reinstated.

The period 1959-1999.
The fourth republican period is a period re-enactment of the 1945 Constitution In precisely this period took place between July 5, 1959 - October 19, 1999. The re-enactment of this constitution then all the powers, structure and tasks, duties and authority, and the rights and obligations of the presidency is practically equal to republican period I. To view the details are welcome to look back period republic I.
There are some interesting things in terms of the legislation in this period. According to the presidential decree that reinstated the constitution of the republic I, part explanation of the constitution gets a binding legal effect because it was published in the gazette. Thus the Presidency is not only regulated in the articles of the constitution, but also in the explanation of the constitution. With the presence of institutions MPR / MPRS in a constitutional republic IV inviting consequences with false birth of the constitution called MPR Decree / MPRS. Through this legal product, generally the presidential institution is regulated, including through:
MPRS No. X / MPRS / 1966 Status of All State Institutions of Central and Regional Level in the position and function of which is set in 1945.
MPRS No. XV / MPRS / 1966 Election / Appointment of Vice President and Procedure for the Appointment of Acting President.
MPR Decree No. II / MPR / 1973 on Procedures for Election of President and Vice President of the Republic of Indonesia.
Decree No. VI / MPR / 1973 on the Status and Employment Relations Tata-highest state institution with / or inter-State High Institution.
MPR Decree No. VII / MPR / 1973 regarding the state of the President and / or Vice President of the Republic of Indonesia is absent.
Decree No. III / MPR / 1978 regarding the Status and Employment Relations Tata-highest state institution with / or inter-State High Institution.
Decree No. XIII / MPR / 1998 on the restriction Term of Office of Presidential and Vice-President of the Republic of Indonesia.
Besides the president as the mandatory MPR also given the authority and power to take any action in order to govern, among other things:
MPR Decree No. X / MPR / 1973 on Duties and Authority Delegation to the President / Mandatory MPR to Implement Development Task.
MPR Decree No. VIII / MPR / 1978 concerning Delegation of Duties and Powers to the President / Mandatary of the People's Consultative Assembly and Security in the Context of National Development Pengsuksesan.
MPR Decree No. VII / MPR / 1983 on Delegation of Duties and Powers to the President / Mandatary of the People's Consultative Assembly and Security in the Context of National Development Pensuksesan.
MPR Decree No. VI / MPR / 1988 on Delegation of Duties and Powers to the President / Mandatary of the People's Consultative Assembly in the framework of the campaign for the National Development and Security.
MPR Decree No. V / MPR / 1998 on Special Duties and Authorities Granting to the President / Mandatary of the People's Consultative Assembly of the Republic of Indonesia in the framework of the campaign for the National Development and Security as Pancasila Implementation.

With the legal basis of the presidency, especially the president, the highest political institution when compared with other higher institutions.
There are some things unique and interesting to observe in this period. Those things include, first, after MPRS formed institution is not directly in session to set a figure who assumed office in the new presidency. Second, in 1963 MPRS set MPRS lifting incumbent president as president for life. Third, the emergence of the post of "Acting President" when the president was impeached in 1967. Fourth, the establishment of "Acting President" became President in 1968. Fifth, the charging of the presidency in accordance with the new 1945 Constitution made in 1973, thirteen years after the MPR (MPRS ) is formed. Sixth, the presidential inauguration oath by the vice president did not do in front of the Assembly or the House of Representatives but only in front of the leaders of the MPR / DPR and the current Supreme Court president to resign from office in 1998. Actually there are many other interesting things but considering the limited space then only six the above stated.
A wave of people power, known as "the 1998 reform movement" that emerged in 1998 ultimately resulted in the constitutional system changes rapidly. The President no longer has full powers to the withdrawal of MPR Decree No. V / MPR / 1998 to the Legislative Act No. XII / MPR / 1998. And the republican period IV are forty years old this is the end of about one year of a wave of people power.

1999-2002.
The fifth republican period is a transition period due to the process of constitutional change fundamentally the 1945 constitution. In precisely this period lasts between 19 October 1999 - August 10, 2002. This period arises as a result of a wave of people power, known as the reform of 1998. Because of the change of power, structure and tasks, duties and authority, and the rights and obligations of the presidency conducted gradually the discussion period is done according to the stages of constitutional changes.
In 1999 as a result of changes in the constitution I then there are changes in the powers, duties and authority, and the rights and obligations of the presidency are:
Position of the presidency limited to two consecutive terms (Article 7);
President and vice president can swear in front of the leadership of the Assembly and the Supreme Court if parliament can not convene {Article 9 (2)};
The President no longer holds the legislative power to establish laws, but only authorized to submit a bill to parliament and discussants joined {Article 5 (1) and Article 20 (1) - (3)};
The President should pass the bill that has been approved jointly by Parliament {Article 20 (4)};
The President can no longer veto the bill from parliament because the clause is removed (Article 21);
The president must hear the Parliament consideration when lifting and received a diplomatic mission {article 13 (2) and (3)};
The President should listen consideration when the Court grant clemency and rehabilitation as well as the House of Representatives while giving amnesty and abolition (Article 14);
The President must comply with the current laws grant degrees and honorary mark (Article 15).
In 2000 as a result of changes II constitution then there is a change of power, duties and authority, and the rights and obligations of the presidency are:
The President can only delay the ratification of the Bill which has been approved along with the parliamentary maximum of thirty days {Article 20 (5)}.
In 2001 as a result of changes in the constitution III there is a change of power, structure and tasks, duties and authority, and the rights and obligations of the presidency are:
Candidates for president and vice president candidates must meet certain requirements to be president and vice-president (article 6);
President and vice president are no longer elected by the Assembly but through elections with more detailed provisions {Article 6A (1) - (3) and (5)};
President and vice president elected by the Assembly sworn {article 3 (3/2)};
President and / or Vice President can be dismissed by the Assembly in his tenure with the terms of certain dismissal {article 3 (4/3)} and article (7A) after going through certain processes (Article 7B);
The President can not freeze and dissolve parliament (Article 7C);
The President proposed two candidates for vice president to be elected MPR if a vacancy occurred {Article 8 (2)};
President in making international agreements that lead to a certain result must be with the approval of parliament {Article 11 (2)};
The President must comply with the law in forming, changing, and disbanding ministry (Ministry of Indonesia | cabinet) {Article 17 (4)};
President of the state budget bill submitted to parliament {Article 23 (2) and (3)};
The President inaugurated the Audit Board members who have been DPR {Article 23F (1)};
The President set a Chief Justice of the Supreme Court proposed by the Judicial Commission and has been approved by Parliament {Article 24A (3)};
President to appoint and remove members of the Judicial Commission with the approval of the House of Representatives {Article 24B (3)};
President establishes the Constitutional Court to the Constitutional Court proposed by the Supreme Court, Parliament, and the President {Article 24C (3)}.
In 2002 as a result of changes in IV constitution then there is a change of power, structure and tasks, duties and authority, and the rights and obligations of the presidency are:
The process of selecting the president and vice president with certain requirements {Article 6A (4)};
Implementing presidential duties and selection and appointment of the president and vice president of the new by MPR {Article 8 (3)};
President formed a consultative council with the Law (article 16).
Some things to note in this V republican period, among other things, is, first, for the first time the president elected by the Assembly of the candidates of more than one person. Second, the president of the parliament and the resulting freeze dimakzulkannya president. Third, the president is obliged to submit an annual report to the Assembly government administration.
Actually the transition period did not end in 2002 but in 2004. But since then the reference is the constitution of this period paid back in 2002. The transition period is further discussed in section VI republic.

Since 2002.
Dr. (HC), Hj. Setyawati Diah Permata Megawati Sukarnoputri, Vice President of Indonesia and the Indonesian President 2001-2004 1999-2001
The period of the sixth republic is the period of implementation of 1945 after undergoing a process of fundamental constitutional changes that still named the 1945 Constitution In precisely this period shall be computed from August 10 2002 until the occurrence of a fundamental change to the constitution.
With the changes I-IV V republican constitution during the very fundamental changes in terms of the state administration. And it can be said the state institutions, including the presidency, power, structure and tasks, duties and authority, as well as new rights and obligations according to the "new constitution".
According to the 1945 Constitution, the presidential institution is personal and is made up of a president and a vice president {Article 4 (2); 3 (2); 6; 6A; 7; 7A; 7B; 8; and 9}. This institution elected directly by the people with specific requirements and procedures (Article 6 and 6A) with a term of five years and is limited to two terms of office (Article 7). Before performing its duties the agency appointed by the Assembly {article 3 (2)} to swear before the Assembly or the House of Representatives {Article 9 (1)} or the Assembly leadership and the leadership of MA if parliament can not convene {Article 9 (2)}.
In systematics of the presidential institution regulated concentrated in Chapter III of the Constitution 1945. However, there is a setting of the presidency in other chapters of the constitution. According to the constitution:
The president holds executive power (executive power) {Article 4 (1) and Article 5 (2)};
President assisted by a Vice President in the exercise of power of state government (executive power) {Article 4 (2)};
Vice president replaces the president if the president can not carry out what the obligations {Article 8 (1)};
The President proposed two candidates for vice president to be elected MPR if a vacancy occurred {Article 8 (2)};
Implementing presidential duties and selection and appointment of the president and vice president by MPR {new Article 8 (3)};
President and / or Vice President can be dismissed by the Assembly in his tenure with the terms of certain dismissal {article 3 (4/3) and Article 7A} after going through certain processes (Article 7B);
President shall determine the government regulations {Article 5 (2)};
President to form a cabinet responsible to him {Article 17 (1) and (2)} and be subject to the law in forming, changing, and dissolve ministries in the cabinet {Article 17 (4)};
President formed a consultative council with the Law (article 16).
The President holds the highest authority over the military (Article 10);
The President declared a state of emergency (article 12);
President declare war and make peace as well as agreements with other countries and with the approval of the House of Representatives {Article 11 (1)};
President in making international agreements that lead to a certain result must be subject to parliamentary approval {Article 11 (2)};
The president must hear the Parliament consideration when lifting and received a diplomatic mission {article 13 (2) and (3)};
The President should listen consideration when the Court grant clemency and rehabilitation as well as the House of Representatives while giving amnesty and abolition (Article 14);
The President must comply with the current laws grant degrees and honorary mark (Article 15).
The President can not freeze and dissolve parliament (Article 7C);
The President may submit a bill to parliament and authorized to participate to discuss {Article 5 (1) and Article 20 (2)};
President of the state budget bill submitted to parliament {Article 23 (2) and (3)};
The President should pass the bill that has been approved jointly by Parliament {Article 20 (4)} and can only delay the ratification of the Bill which has been approved along with the parliamentary maximum of thirty days {Article 20 (5)};
President right to issue emergency regulations in urgent circumstances {article 22 (1)}.
The President set a Chief Justice of the Supreme Court proposed by the Judicial Commission and has been approved by Parliament {Article 24A (3)};
President to appoint and remove members of the Judicial Commission with the approval of the House of Representatives {Article 24B (3)};
President establishes the Constitutional Court to the Constitutional Court proposed by the Supreme Court, Parliament, and the President {Article 24C (3)};
The President inaugurated the Audit Board members who have been DPR {Article 23F (1)}.
The transition period is still color the republic VI, at least between 2002 - 2004. The quasi-constitutional rules, called the Legislative Act, regulating the presidential institution, gradually declared invalid by the author's own institution, namely the Assembly, until the establishment of government election results 2004 . In addition, the transitional rules of article I and II also apply during this transitional period. In this transitional period also created regulatory laws governing the election of the presidential institution directly. Starting in 2004, powers, structure and tasks, duties and authority, and the rights and obligations of the presidential institution regulated by the 1945 Constitution, Law, PP, as well as regulation. However, in contrast to other state institutions regulated concentrated in a legislation (laws, government regulations, and regulation), the regulation of the presidential institution is not in the law but rather scattered in various laws, government regulations, and regulation. As a final note, in 2004, the first time in history, the presidency elections were held directly by the people.

According to the official.
Sukarno.
Soekarno or more commonly called Bung Karno, subject of the first president of Indonesia. The first term starts since August 18, 1945. Bung Karno elected by acclamation in a hearing on the proposal Otto PPKI Iskandardinata. He was accompanied by the vice president of Drs. Mohammad Hatta or Bung Hatta. According to the rules that existed at that time the president enormous powers. Over time the legislative power handed over to the National Committee in October 1945. Furthermore, in November of the same year, Sukarno hand over executive power to the Cabinet Syahrir I. But on June 29, 1946 - October 2, 1946 and June 27, 1947-3 in July 1947, Sukarno took over power when an emergency occurs [9]. On January 29, 1948 Sukarno back to form a presidential cabinet [10]. Vice president Mohammad Hatta was assigned to lead the cabinet daily. Here it can be seen that the president and vice president do the division of powers. So the vice president not only sit on the bench for the newly lowered when the major players to injury.
On December 19, 1948, the Dutch launched a military action to attack the capital of Yogyakarta. In this event Sukarno and Hatta took captive so that practically paralyzed government, though not formally disbanding. But before captured, the president and his deputy had sent a mandate to the Minister of Welfare Mr. Sjafruddin prawiranegara are located in Sumatra to form a government, and mandated the Minister of Finance Mr. A. A. Maramis who was in India to form a government exile if Syafruddin effort to form a government failed to do. Syafruddin managed to form an emergency government in Sumatra on December 22, 1948. However, the Dutch would prefer to negotiate with the government captured. This has caused a state of dual rule. Until the end of July 13, 1949, after going through the process of winding, Syafruddin return the mandate to the Moh. Hatta. On December 16, 1949 Sukarno was elected president of the federation of the Republic of Indonesia States. At the same time, Hatta was elected prime minister of a federal state. RIS Provisional Constitution, which prohibits dual position for the head of the federal state and federal prime minister with any position, requires Sukarno and Hatta to resign together. This situation is anticipated with the release of Law No. 7 of 1949. In this Act is set when the president and vice president is absent together then the speaker of parliament appointed Stakeholders The President. Finally, on December 27, 1949 Sukarno quit as president and hand over the presidency to the post of Chairman of the Central Working Committee KNI, Mr. Asaat Datuk Mudo.
On December 27, 1949 Sukarno started his first term as president of the federal state of Indonesia. Not much is recorded in the federal presidency is very brief. An agreement between the federal government RIS (acting on behalf of itself and on a full mandate from the state remaining, the state government of East Indonesia and the state government of the State of East Sumatra) and the state government of the Republic of Indonesia (which is capitalized in Yogyakarta) choose Sukarno as president of the unitary state to be formed from the merger of RIS with RI (Yogyakarta). The post of federal president Sukarno laps until August 15, 1950. This position can be calculated as a second term for Sukarno. On the federal president proclaimed the establishment of a unitary state before the joint session of the House and Senate in Jakarta. Bung Karno afternoon flight to Yogyakarta to dissolve the government of Indonesia (Yogyakarta) and received a transfer of power from President Stakeholder Position. After returning to Jakarta on the same day Sukarno accept the transfer of power from the prime minister of RIS.

On August 15, 1950 Sukarno has officially become the first president of the unified state after receiving power from the two governments RIS and RI (Yogyakarta). This position can be calculated as a third term for Sukarno. The next morning, August 16, 1950, the President inaugurated the House of Representatives for the State of Unity, the incorporation of the House of Representatives (RIS), the Senate (RIS), the Working Committee of KNI Centre (RI-Yogyakarta) and DPA (RI-Yogyakarta). In accordance UUDS 1950, Sukarno appointed Hatta as Vice President on the proposal of the House of Representatives while. Hatta for this position can be calculated as a second term. In accordance UUDS 1950 the agency also repeated to form a cabinet. Until the early 1956 presidential institution has established at least six cabinet and accept returns of government mandates five times. At the end of 1956, dated December 1, 1956, Hatta resigned from the post of vice president. From then on, the presidency simply "inhabited" by a president without his deputy. Provisional Constitution of 1950 does not regulate the election of vice president and handed it to the constitution that will be drafted by the Constituent Assembly. The situation is increasingly precarious lead SOB Sukarno issued in 1957. Slowly but surely Sukarno's power as ruler of the Armed Forces increased. The peak Sukarno issued a decree to reinstate the constitution is ever used, the 1945 Constitution, and dissolving the constituent assembly that is not finished preparing the constitution anyway.
Sukarno remained president based on the transitional rules of Article II of the 1945 Constitution Similarly, the House of Representatives while the unitary state changed into the Transitional Parliament to set the new parliament according to the constitution, 1945. This position can be calculated as a transitional presidency or be counted as a fourth term for Sukarno. Meanwhile, the transitional rules of Article III and IV of the 1945 Constitution can not be used anymore. The President is not accompanied by the vice president and the National Committee for causing the entire power of the state government centered on the president. No one else can play around with the president's powers. Transitional Parliament was dissolved on June 24, 1960 for not approving the proposed draft budget Sukarno. Instead Sukarno formed the Mutual Cooperation DPR. In accordance Presidential Edict No. 14 of 1960, the President can make the legislative product if there is no agreement with the Parliament. In December 1960 MPR While Sukarno formed to implement the provisions in the 1945 Constitution the greater the role of Sukarno issued Government Regulation No. 32/1964 which contains the DPR-GR is an assistant to the President / Leader of the Revolution in the legislative field. Through Law No. 19 of 1964 the President the authority to interfere in judicial decisions.
MPRS notching Sukarno issued a pseudo product constitution to establish ideas of Leader of the Revolution and eventually establish definitive Sukarno as president with a lifetime tenure in 1963 without the presence of the vice president. It also gives full powers to Sukarno to hold executive power. This period can be counted as a term of five to Sukarno. In this period Sukarno using double title "President / Leader of the Revolution / Supreme Commander / Mandatory MPRS" more than the title given constitutional "president". Politics weather changes occur rapidly in the years 1966-1968 as the result of a political storm in 1965. This period is the worst conditions experienced proclaimer. In 1966 various attributes heyday began repudiated by MPRS. Starting from the selection / appointment of the president and vice president appointments, understanding the mandatory of MPR Meanwhile, Leader of the Revolution, and culminating in a review of the appointment of Sukarno as president for life. Finally, on February 22, 1967 Sukarno "surrender power" to the acting president and legalized by MPRS No. XXXIII / MPRS / 1967 on Revocation of Power of the State Administration of President Sukarno, Indonesia's president was impeached for the first time officially on March 12, 1967.

Soeharto.
Gen. Suharto or familiarly called Pak Harto is a figure second president of the Republic of Indonesia. His first term began March 27, 1968. Soeharto appointed by the Assembly while the MPRS No. XLIV / MPRS / 1968 concerning the appointment of Bearer MPRS No. IX / MPRS / 1966 as President of the Republic of Indonesia. He is the president of the second set by the Assembly meantime. In his first term is the husband of Mrs. Tien is not accompanied by the vice president as stipulated by the 1945 Constitution as the mandatory of MPR While, in theory, the president is implementing the policy of the highest state institution. Pak Harto perform their duties as president until a president is appointed by the Assembly definitive election results.
In 1973 accountability Gen. Suharto before the 1971 Assembly election results received. Then the president of the military who first appointed by the same institution as the sole presidential candidate on March 24, 1973. In his second term Pak Harto was accompanied by the vice president, ISKS Hamengkubuwono IX, Sultan and Head of Yogyakarta. In this period to about 25 years of national leadership runs in the order that is easy to follow relatively tinged controversy about the characters as well as periodization of office.
In 1978, accountability for Suharto before the 1977 Assembly election results received. In the same month purnawiran this general re-appointed by the Assembly of a single candidate. In term of office for the third time, Pak Harto was accompanied by Adam Malik as vice president. Mathematically, he was appointed a day earlier than his term allotments. Subsequently in 1983, again liability accepted Pak Harto. Even the Assembly election results in 1982 gave him the title Father of Development. On March 11, 1983, the retired again appointed by the Assembly to occupy the presidency is the fourth of a single candidate. According to calculations the numbers he was thirteen days earlier than his term was supposed to end on March 23, 1983. For the first time Pak Harto was accompanied by retired military officers, Gen. (Ret). Wirahadikusumah, as vice president.
In 1988, back in the village birthplace of general liability Kemusuk accepted. Even five years after the presidency, Gen. (ret). Suharto was re-appointed by the Assembly election results 1987 on March 11, 1988. In his fifth term of office of the father of this development was accompanied by the vice president from the military, Lt. Gen. (Ret). Sudarmono SH. In 1993, for the umpteenth time to the accountability of the president accepted. On March 11, 1993, after fulfilling his tenure, Gen. (ret) Haji Muhammad Suharto was appointed to the post's sixth president. Again Assembly election results 1992 lifting of a single candidate. Now he was accompanied by former army chief Gen. (ret) Try Sutrisno, as vice president.

March 1998, amid a storm of political and economic accountability Pak Harto's speech received by the Assembly. None would have thought this is the last time he delivered the accountability report. Less than a day of the term of office that should be followed, on March 10, 1998 General TNI (retired) Haji Muhammad Suharto, based on a single candidate for the seventh time by the Assembly election results of 1997. For the second time he was accompanied by a civilian, Prof. Dr. Ing. Bacharuddin Jusuf Habibie as vice president. The pressures faced the general who are aged dusk this. Actually, he could use the full power to get rid of all the intruder, but it does not do. Leaders of the MPR / DPR at the time had asked the president resign or hold a Special Session, a special session that could lead to impeachment like that ever happened to Sukarno. And finally on May 21, 1998 Soeharto resigned from office by a wave of people power "Reform Movement of 1998".

Baharuddin Jusuf Habibie.
Baharuddin Jusuf Habibie is the third president of the leaders of the Republic of Indonesia. His first term began on May 21, 1998. Habibi replaces the previous president who resigned. The rise of the first president of the Outer This poses a bit of controversy at least in matters of formal procedures of appointment as president. Formally presidential oath made before parliament. However, since the parliament building was occupied by supporters of people power that causes the legistalor can not convene, the pronunciation of the oath is only done by Mr. Habibi in front of the leaders of the MPR / DPR and witnessed by the leadership of the Supreme Court. Several months later the Assembly held a Special Session. But the panel did not give a special appointment letter as has been given to the two previous presidents Sukarno (1963) and Suharto (1968, 1973, 1978, 1983, 1988, 1993, and 1998). The highest institution of the country only recognized by Habibi position in MPR Decree No. X / MPR / 1998 on the Principles of Development Reform in the Context of National Life Rescue and normalization as State Policy. In fact he was not accompanied by the vice president.
Note that achieved by the president of the birth of South Sulawesi province is organizing the 1999 election that produces a new parliament. But the new parliament is elected through the elections after the president rejected the accountability of the president given the opportunity to use the right to reply to parliament. On October 19, 1999 Bacharuddin Yusuf Habibie ended its very short by accompanying the president-elect takes the oath before the general assembly of the Assembly presidency in 1999.

Abdurrahman Wahid.
Abdurrahman Wahid was the 4th President of Indonesia. His term began on 19 October 1999. Gus Dur was the last president elected by the Assembly. He was appointed by the Assembly as president with MPR Decree No. VII / MPR / 1999 on the appointment of the President of the Republic of Indonesia. He defeated his rival Megawati Sukarnoputri in an election conducted by the Assembly. However, the Assembly chose his rival in the election, Megawati, as the vice president who accompanied him. Megawati was appointed by the Assembly as the vice president of the Legislative Act No. VIII / MPR / 1999 on the appointment of the Vice President of the Republic of Indonesia. Because one thing and another about such limitations that have been understandable, Gus Dur delegate the performance of the technical tasks of daily government to the vice president. This assignment is set by Presidential Decree No. 121 of 2000 on assignment from the President to the Vice President for Government Technical Task Implement Everyday President of the Republic of Indonesia. Pendulum power shift from the executive to the legislature resulted in the presidential institution fully subject to the parliament. This is evidenced by him. Twice after facing memorandum of Parliament, Gus Dur faced with an impeachment. The steps of issuing edicts freezing Parliament in the decree no results. MPR is hosting a special session of the decree was immediately rejected by the MPR Decree Number I / MPR / 2001 Act of the Assembly of the Republic of Indonesia to the Edict of the President of Indonesia dated 23 July 2001. The edict also drove faster on pemakzulannya by the Assembly at that time , Abdurrahman Wahid became the second president who was impeached by the Assembly in the middle of his term, by Decree No. II / MPR / 2001 on Indonesian Presidential Accountability K.H. Abdurrahman Wahid.

Megawati Soekarnoputri.
President Megawati Sukarnoputri is the 5th Indonesia. First term beginning July 23, 2001. Megawati replaced Wahid as his position as vice president. He is the second vice president replaces the president when stopped in his tenure. Megawati was appointed by the Assembly as president with R Decision No. III / MPR / 2001 on stipulation of the Indonesian Vice President Megawati Soekarnoputri as President of the Republic of Indonesia. His term of less than five years because he only inherited the tenure of Gus Dur. Indonesia's first female president, accompanied by Vice President Hamzah Haz, who won the vice-president by the Assembly of rival Susilo Bambang Yudhoyono. Hamzah by the Assembly appointed vice-president by Decree No. IV / MPR / 2001 regarding the appointment of the Vice President of the Republic of Indonesia. Notes in his tenure was the legislative elections in April 2004 and the presidential election in July 2004. In the 2004 presidential election, Megawati should recognize the benefits SBY after the two rounds of elections. He ended his first term on October 20, 2004, a day longer than the remaining term of Gus Dur delegated to him.

Susilo Bambang Yudhoyono.
Susilo Bambang Yudhoyono is President of the 6th Indonesia. His first term began on October 20, 2004. He and his partner Muhammad Jusuf Kalla won the presidential election in 2004 which was a direct presidential election for the first time. After ending the first term, the president re-took the oath as president for a second time before the session of the Assembly on October 20, 2009. This time he was accompanied by Boediono as vice president.

Temporary officials.
Sjafruddin prawiranegara.
Sjafruddin prawiranegara is Chairman of the Emergency Government of the Republic of Indonesia (Emergency). He was appointed to the radiogram which contains the mandate of President Sukarno, who then held power state government on December 18, 1948. Therefore his seat Bukittinggi be also attacked the Netherlands, radiogram was not up in time. PDRI is not located in one place but always moving. Starting from tea plantations in Halaban, West Sumatra, Riau and he went to go back again to the West Sumatra. In May 1949, he formed the Emergency Government representative on the island of Java. He quarrels with Soekarno for sending messengers to the Netherlands in the Roem-Royen. After going through various winding process Syafruddin finally agreed to return the mandate given to the president Hatta. Position Chairman of the Emergency Government of the Republic of Indonesia as the head of state and / or head of government or at least the level of the office of president, both de facto and de jure, it is still debatable whether legitimate or not.

Assaat.
Assaat is Pemangku The President of the Republic of Indonesia. Office began on December 27, 1949 when Sukarno formally handed over the post of the President to him. Assaat previously was Chairman of the Working Committee KNIP, the Indonesian Parliament at the time. He served as acting president since Law No. 7 1949 determines if the president and vice president together can not perform its obligations then the Speaker of the House into "The President of the Stakeholders". The position was entrusted to August 15, 1950 when he handed over power to Sukarno as President (a unitary state) as agreed RIS and RI on May 19, 1950.

Sartono.
Sartono has served as Acting President of Indonesia. Not much is known about the data this figure. The only clue that there is Sartono signed the Statute in 1958 the number 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, dated between 13 January 1958 - February 17, 1958, one of which is Law No. 8 of 1958 on the promulgation of Law No. 9 of 1954 Drt change of name of the Lesser Sunda province became Nusa Tenggara (LN 1954 No. 66) as the Act on February 17, 1958. for a while calculation of this figure is negligible, with the understanding, after receiving a clear explanation of his position, this figure will be included.

Soeharto.
Suharto was also the Acting President of Indonesia. Office began on February 22, 1967 despite a new appointment letter issued on March 12, 1967. He became acting president as the provision of MPRS No. XV / MPRS / 1966 Election / Appointment of Vice President and Procedure for the Appointment of Acting President, after Sukarno was impeached by MPRS No. XXXIII / MPRS / 1967 on Revocation of Power of the State Administration of President Soekarno. Soeharto supposed to become acting president until the president elected by the new Assembly of the results of elections. But on March 27, 1968, due to the political situation at the time, he ended his duties as acting president on being president (full) by MPRS at the time.

Polemics period and officials.
Periodization of office of the presidency is often polemical. However, before getting too deep, to note a few things that should be fundamental.
Who is the one who occupied the post of the presidency. Is it enough just the president and vice president. Or is the president and vice-president and acting president (or other designations).
What can a government recognized double, in the sense that at the same time there are two presidential institution.
Does the determination of the rise and fall of a figure in the presidential institution only based on the rules in the constitution. Or based on the constitution and the letter of appointment / inauguration (or another name). Or more simply based on a persona per se, in the sense of the figures calculated one term regardless of how many times he served.
Should an official list of countries for which figures occupy the presidency, along with periodisasinya to be known with certainty.
As an illustration, can be seen in the case of the President of the Philippines. This illustration is also based on the historical side, because Supomo time explaining the 1945 Indonesian Constitution he compares with the Philippine Constitution. Food Diosdado Macapagal is the ninth President of the Philippines and president of the fifth of the third republic of the Philippines. One can see here that he occupied two lists with different serial numbers. President Macapagal in 1962 changed the official celebration of Independence Day on July 4th (the day when the United States granted independence to the Philippines in 1946, a day which also serve as a warning of US independence) to June 12 (the day when Emilio Aguinaldo declared independence from Spain in 1898). This decision as a legal decision about the timing predetermined. He also admitted Jose P. Laurel who made the President of the Philippines by the Japanese occupation army, as the official president of the country. Previous Laurel is not recognized by the governments of the Philippines after World War II, because they do not have any legal status but acknowledged the two presidents who were in exile in America. Here it can be seen that the exile government recognized and double government also recognized. Moreover Macapagal establish a formal decision regarding the admission figures who served in the Philippines presidency, Ng Pangulo Ng Pilipinas.
Periodization tenure or character sequences that sit in the presidential institution often cause disagreement. Here it will be endeavored to sort periodization and order figures who served the Presidency (the president and vice president) in accordance chronology figure when taking office for the first time.
Soekarno has several possible periodization presidency, among others:
If the entire tenure is counted as one unit with the end point of discharge Supersemar, the term of office is since August 18, 1945 until March 11, 1966
If the entire tenure is counted as one unit with the end point of the official impeachment MPRS, then the term of office is since August 18, 1945 until February 22, 1967
If RIS is calculated separately with the end point of the official impeachment MPRS, then the term of office is since August 18, 1945 until December 27, 1949, December 27, 1949 until August 15, 1950, and August 15, 1950 until February 22, 1967
If RIS is calculated separately and a PDRI counted separately with the end point of impeachment official of MPRS, then the term of office is since August 18, 1945 until December 18, 1948, July 13, 1949 until December 27, 1949, December 27, 1949 until August 15, 1950, and August 15, 1950 up to February 22, 1967
If RIS is calculated separately, period PDRI count double, and up and down position based on the constitution and MPRS with the end point of impeachment official of MPRS, then the term of office is since August 18, 1945 until December 27, 1949, December 27, 1949 to August 15, 1950, 15 August 1950 until May 18, 1963, and May 18, 1963 until February 22, 1967
Mohammad Hatta has several possible periodization of the vice presidency, namely:
If the entire tenure counted as one unit with the RIS pause ignore his tenure was from August 18, 1945 until December 1, 1956
If the interval is calculated RIS and heaving position based on the constitution, the term of office is since August 18, 1945 until December 27, 1949 and xx / xx / 1950 to December 1, 1956.
Sjafruddin prawiranegara periodization has several possible positions, namely:
If the title of "Chairman of the Provisional Government" are recognized based on par with the title of "Acting President" and the position of "Acting President" is recognized as positions in the presidential institution with the starting point of telegrams sent presidency of Yogyakarta, the term of office is from December 18, 1948 until July 13 1949
If the title of "Chairman of the Provisional Government" are recognized based on par with the title of "Acting President" and the position of "Acting President" is recognized as positions in the presidential institution with the starting point of the formation of the Emergency Government in West Sumatra, the term of office is from December 22, 1948 until July 13, 1949
If the title of "Chairman of the Provisional Government" is not recognized based on par with the title of "Acting President" and the position of "Acting President" is not recognized as an office in the presidential institution, the term of office: unacknowledged / never existed.
Assaat periodization has 2 possible positions, namely:
If the title of "Stakeholders The President acknowledged" recognized based on par with the title of "Acting President" and the position of "Acting President" is recognized as positions in the presidential institution and the position of Indonesia that is capitalized in Yogyakarta recognized stand-alone (though only state) during the period of the RIS (own constitutional different RIS), the term of office is from December 27, 1949 until August 15, 1950
If the title of "Stakeholders The President" is not recognized based on par with the title of "Acting President" and the position of "Acting President" is not recognized as an office in the presidential institution and the status of the state of RI, with its capital in Yogyakarta is not recognized standing alone during periods RIS (have melted into RI), the term of office is not recognized.

Suharto has several possible periodization positions, among others:
If the entire tenure is counted as one unit with the release Supersemar starting point, then the term of office is from March 11, 1966 until May 21, 1998
If the entire tenure is counted as one unit with the starting point of an official appointment as acting president by MPRS, the term of office is from February 22, 1967 until May 21, 1998
If the up and down positions by 1945 and MPR decree (S) and the period of Acting President counted, then term of office is from February 22, 1967 until March 27, 1968, March 27, 1968 until March 24, 1973, March 24, 1973 until March 23, 1978, March 23 1978 to March 11, 1983, March 11, 1983 to 1988, March 11, 1988 and 1993, March 11, 1993 until March 10, 1998, and March 10, 1998 until May 21, 1998
If the up and down positions by 1945 and MPR decree (S) and the period of Acting President is not counted, then the term of office is from March 27 1968 until March 24, 1973, March 24, 1973 until March 23, 1978, March 23, 1978 until March 11, 1983, 11 March 1983 to 1988, March 11, 1988 and 1993, March 11, 1993 until March 10, 1998, and March 10, 1998 until May 21, 1998
Hamengkubuwana IX have one period of the vice presidency that since March 24, 1973 until March 23, 1978.
Adam Malik had one period of the vice presidency that since March 23, 1978 until March 11, 1983.
Wirahadikusumah have one period of the vice presidency that since March 11, 1983 to 1988.
Soedarmono have one period of the vice presidency that since March 11, 1988 and 1993.
Try Sutrisno had one period of the vice presidency that since March 11, 1993 to 1998.
Baharuddin Jusuf Habibie has a period of office:
As vice president since March 11, 1998 until May 21, 1998,
As president since May 21, 1998 until October 19, 1999.
Abdurrahman Wahid has one period of the presidency that since October 19, 1999 until July 23, 2001.
Megawati Soekarnoputri has a period of office:
As vice president since October 19, 1999 until July 23, 2001.
As president since July 23, 2001 until October 20, 2004.
Hamzah Haz has the first period of the vice presidency that since July 26, 2001 until October 20, 2004.
Susilo Bambang Yudhoyono had two periods of the presidency that since October 20, 2004 to 2009 and since October 20, 2009 and 2014.
Muhammad Jusuf Kalla had two periods of the vice presidency that since October 20, 2004 to 2009 and since October 20, 2014 to the present.
Boediono has one period of the vice presidency that since October 20, 2009 and 2014.
Joko Widodo has one period of the presidency that since October 20, 2014 to the present.
To determine the sequence of characters or sequence of tenure of the presidency is to what is now served the living arrangement of each term of office figures. Need to be careful in assembling some of the figures because there will be over lapping of duty and could not over lapping term. Here you will be given two different examples.
Thank you for reading this article. Written and posted by Bambang Sunarno. sunarnobambang86@gmail.com
author:
https://plus.google.com/105319704331231770941.
name: Bambang Sunarno.
http://www.indonesiansocieti.blogspot.com/2016/04/presidential-institution.html
Date Published: 27 April 2016 at 11:17
Tag : The history of the presidency.
Bambang Sunarno
www.history.com Updated at: 11:17:00

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