ARTICLE
TITLE

Mental and Physical Capability as the Requirement for Indonesian Presidential Candidate: Legal Ratio and the Development of Regulation 10.30641/kebijakan.2022.V16.1-18

SUMMARY

The Third Amendment to the 1945 Constitution has regulated new requirements for presidential candidates. One of which is the requirement to be mentally and physically capable of carrying  out the duties and obligations of the presidential office. This research aims to find the reason for formulating norms or legal ratio of the formation of such a requirement. The nature of this research is qualitative research using a normative-empirical and comparative approach. The results reveal several legal ratios of the requirement. First, the requirement is considered important because the president has the highest position within the governmental structures. Second reason refers to the close relation between health and decision-making matters, and the third demonstrates reasonable and justifiable limitations from the perspective of human rights. Comparison with several countries exposes that the requirement is fundamental since the president has dual functions, namely a head of state and a chief of government. This research also exhibits that the legal basis of the requirement is not in accordance with the 1945 Constitution since the existing regulation takes the form of the Decree of the General Election Commission. Therefore, this research recommends the appropriate legal basis to further regulate mental and physical requirements by law which regulates some fundamental principles dealing with such requirements.

 Articles related

RAQUEL BEATRIZ LEITÃO    

There is strong evidence that good nutrition and regular physical activity reduce the risk of several short-term health problems like anaemia or obesity, while also preventing long-term diseases such as type 2 diabetes, cancer, osteoporosis or cardiovasc... see more

Revista: Society Register

Paula Robinson,Lindsay Oades,Peter Caputi    

Despite the increased use of the term mental fitness in the popular and psychological literature, there is little consensus in relation to theory, definition and measurement. The concept of mental fitness could be used to parsimoniously engage, educate a... see more


James Gavin,Matthew Keough,Michael Abravanel,Tatiana Moudrakovski,Madeleine Mcbrearty    

This investigation explored motivations for engaging in physical activity and how they varied across the lifespan. A total of 1,885 individuals completed a comprehensive questionnaire concerning personal style, activity interests, motives for exercising,... see more


Amanda L. Hyde,Jaclyn P. Maher,Steriani Elavsky    

Physical activity might be a viable tool for enhancing mental wellbeing because, in general, physical activity has been found to be related to more positive affect and higher satisfaction with life. The way we think, feel, and act changes with age, so it... see more


David Jan McQuoid-Mason    

Arising out of the reported evidence in the Life Esidimeni Arbitration hearings into the deaths of mental patients, the question arises whether the former MEC for health, the mental health director, the head of the department of health and the project ma... see more