PENERAPAN MODEL IMPEACHMENT DALAM PEMBERHENTIAN PRESIDEN DAN/ATAU WAKIL PRESIDEN DI INDONESIA

Authors

  • eva antari Universita Pendidikan Nasional

Keywords:

Impeachment, Constitution, Presidential System.

Abstract

The dismissal of the President and / or Vice President in a presidential government system
is an exception to the fixed term executive character. This is a form of checks and balances
mechanism aimed at preventing the monopoly of power in the state due to the separation of
the three branches of power within the state (Trias Politica). Similarly in Indonesia who
recognize the mechanism of dismissal of the President and/or Vice President in his tenure
as stipulated in the 1945 Constitution. Not only limited to the regulation, in history there are
2 (two) Indonesian President who dismissed in his tenure of Soekarno and Abdurrahman
Wahid. However, after the amendment of the 1945 Constitution, the mechanism of dismissal
has changed where the participation of the Constitutional Court to hear the reasons for the
dismissal of the President and/or Vice President. This indicates that another model is applied
in addition to impeachment in dismissal of the President and / or Vice President in his / her
term of office. This is further examined normatively based on literature and legislation in
order to obtain clarity on the term impeachment used by the community to replace the
dismissal of the President and/or Vice President in his tenure. In addition it also aims to
describe the impeachment model adopted by Indonesia after the amendment of the 1945
Constitution, with the participation of the Constitutional Court. The results will explain
impeachment as one of the dismissal models through political mechanisms, but still based
on constitutional requirements. While in Indonesia the authority of the Constitutional Court
which participates in the dismissal mechanism of the President and/or Vice President in his 

tenure is not a form of impeachment model shift, but only in the form of variations of the
application of the model.

Published

2016-02-07