The President’s Failure in Implementing Presidential Visions, Missions and Programs: Tort or Breach of Contract? (Civil Law Perspective)

Abstract

The visions, missions and programs are offered by candidate in the Presidential election campaign, so they become part of the campaign promises. Campaign promises does not meet the requirements of the contract in Article 1320 of the Indonesian Civil Code, so the failure of fulfilling campaign promises is not breach of contract (based on Judge’s decision on the Case Number 17/PDT.G/2009/PN.JKT.PST). In the name of justice for the people, the failure of fulfilling campaign promise must be able to be sued in court. Since the presidential visions, missions and programs are regulated by Laws, so the failure in implementing it is unlawful (tort) based on the Case Number 278/PDT.G/2010/PN.JKT.PST. The lawsuit against the President for his failure is not to dismiss the President, but to force the President to implement the visions, missions and programs in his term of office.

Keywords: campaign promise; torts; breach of contract; presidential vision, mission and program