Jatijajar Law Review
Vol 2, No 2 (2023): JATIJAJAR LAW REVIEW

IMPEACHMENT SEBAGAI BENTUK PERTANGGUNGJAWABAN PRESIDEN INDONESIA DALAM NEGARA HUKUM YANG DEMOKRATIS

Adam Setiawan (Universitas 17 Agustus 1945 Samarinda)
Nehru Asyikin (Lembaga Bantuan Hukum Aksa Bumi Yogyakarta)
Fatma Hidayati (Sekolah Tinggi Agama Islam Nahdlatul Ulama Purworejo)
Isnawati Isnawati (Universitas 17 Agustus 1945 Samarinda)



Article Info

Publish Date
29 Sep 2023

Abstract

Based on the history of Indonesian state administration, there are two cases of impeachment that have occurred against active Presidents, namely President Soekarno and President Abdurrahman Wahid. However, it needs to be understood that the impeachment process is not as easy as the previous experience because it has been rigidly regulated in the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to comprehensively explore the impeachment process as a form of Presidential accountability in a democratic state of law. This research is a doctrinal research, using a legislative approach and a conceptual approach. The results showed that impeachment as the President's responsibility contains two patterns, namely political and legal mechanisms. The political mechanism is when the President is demanded accountability by the DPR which is then submitted to the MPR, (a joint session between DPR and DPD) then the Constitutional Court examines, hears and decides. as for the involvement of the Constitutional Court as a form of legal mechanism. Political and legal mechanisms in the impeachment process involving the role of DPR, MPR (filled with members of DPR and DPD), and the Constitutional Court is a manifestation of the principle of checks and balances. The final result of the institution that decides the impeachment of the President and / or Vice President if proven guilty is the MPR, as a form of accountability to the people through its representatives in the MPR which contains representation of the people (DPR) and representation of groups in the region (DPD) by not also leaving the principle of the rule of law as reflected in the role of the Constitutional Court in examining, adjudicating, and deciding.

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Journal Info

Abbrev

JLR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal bersifat terbuka untuk tulisan-tulisan di dalam bidang ilmu hukum dengan kerangka hukum humanis yang mengedepankan nilai dalam masyarakat, di berbagai sector ilmu hukum yakni Constitutional Law, Administrative Law, Criminal Law, Privat Law, Business and economic law, Civil Law, Islamic Law, ...