URGENSI PEMBENTUKAN UNDANG-UNDANG LEMBAGA KEPRESIDENAN DALAM SISTEM KETATANEGARAAN INDONESIA

Aini Rahmania; Galih Aji Nugroho; M. Nur Fadlan; M. Ardi Ananta; Rara Kusuma Wardhani

doi:10.18326/jil.v7i1.6341

Authors

Aini Rahmania Universitas Islam Negeri Salatiga
Galih Aji Nugroho Universitas Islam Negeri Salatiga
M. Nur Fadlan Universitas Islam Negeri Salatiga
M. Ardi Ananta Universitas Islam Negeri Salatiga
Rara Kusuma Wardhani Universitas Islam Negeri Salatiga

DOI:

https://doi.org/10.18326/jil.v7i1.6341

Keywords:

presidential institution, checks and balances, constitutional democracy, presidential powers

Abstract

The Presidential Institution occupies a central position within Indonesia’s constitutional structure as the holder of executive authority pursuant to Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945). However, to date, there has been no specific legislation that comprehensively regulates the status, functions, and powers of the Presidential Institution. This legal vacuum has given rise to overlapping authorities, an ambiguous organizational framework, and a weakened mechanism of public accountability. This study seeks to examine the urgency of formulating a Presidential Institution Law and to determine the appropriate direction for its regulatory framework with the objective of strengthening the principle of checks and balances and preventing the abuse of power. The research adopts a normative juridical methodology employing statutory and conceptual approaches, through analytical examination of the 1945 Constitution of the Republic of Indonesia, the 2001 Draft Law on the Presidential Institution, and relevant academic literature. The findings reveal the necessity of establishing clear limitations on presidential powers in relation to the executive, legislative, and judicial branches; regulating the position of the vice president; defining the scope of presidential authority during electoral periods; setting out procedures for filling a presidential vacancy; and delineating the mechanisms for presidential dismissal and impeachment. The absence of a specific law governing the Presidential Institution has undermined the system of checks and balances within the constitutional order and resulted in inconsistency with the principles of constitutional democracy. Accordingly, the enactment of a Presidential Institution Law constitutes an urgent imperative to reaffirm the separation of powers between the President as head of state and head of government, to establish a coherent framework of accountability, and to safeguard the continuity of Indonesia’s constitutional democratic system.

Keywords: Law, Presidential Institution, Constitutional System.