Impeachment Mechanism for The President and/or Vice President of Indonesia and United States

In Indonesia, the impeachment process is regulated in the 1945 Constitution and Law no. 24 of 2003 concerning the Constitutional Court. The process is initiated by the House of Representatives (DPR) which proposes impeachment if the President or Vice President is suspected of committing a violation of law, treason against the state, corruption, or disgraceful acts. After the proposal is approved by the DPR, the Constitutional Court examines and decides whether any violations have been committed. If the Constitutional Court declares it proven, this decision is sent back to the DPR for final approval. After that, the People's Consultative Assembly (MPR) can dismiss the President or Vice President. Although both countries have similar mechanisms involving parliament and the judiciary, the differences lie in the institutions involved and the stages of the process. Impeachment reflects the principle of checks and balances in the government system to maintain the accountability of high-ranking officials.

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Publication Details

Journal
Journal of Indonesian Constitutional Law
Published
2024-10-17
DOI
https://doi.org/10.71239/jicl.v1i2.4
Primary Topic
Indonesian Election Politics and Participation
Type
article
Field-Weighted Citation Impact
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article

Impeachment Mechanism for The President and/or Vice President of Indonesia and United States

A Zahid A Zahid, Muhammad Khadafi, Firza Setiawan Putra, Bachtiar Arya Habibillah
Journal of Indonesian Constitutional Law
Indonesian Election Politics and Participation
article

Impeachment Mechanism for The President and/or Vice President of Indonesia and United States

A Zahid A Zahid, Muhammad Khadafi, Firza Setiawan Putra, Bachtiar Arya Habibillah
article en

Abstract

In Indonesia, the impeachment process is regulated in the 1945 Constitution and Law no. 24 of 2003 concerning the Constitutional Court. The process is initiated by the House of Representatives (DPR) which proposes impeachment if the President or Vice President is suspected of committing a violation of law, treason against the state, corruption, or disgraceful acts. After the proposal is approved by the DPR, the Constitutional Court examines and decides whether any violations have been committed. If the Constitutional Court declares it proven, this decision is sent back to the DPR for final approval. After that, the People's Consultative Assembly (MPR) can dismiss the President or Vice President. Although both countries have similar mechanisms involving parliament and the judiciary, the differences lie in the institutions involved and the stages of the process. Impeachment reflects the principle of checks and balances in the government system to maintain the accountability of high-ranking officials.

Journal of Indonesian Constitutional LawVol. 1(2)
Universitas Trunodjoyo Madura (ID), New York University (US)
Openalex Percentile: Top 56%
Indonesian Election Politics and Participation
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