Normative Evaluation of Presidential Powers in Emergency Situations: Constitutional Limits and Legal Guarantees in Indonesia

This study examines the exercise of presidential powers in emergency situations within the framework of Indonesia’s 1945 Constitution, focusing on constitutional limits and legal guarantees. Using a qualitative approach with a normative juridical methodology, the research analyzes constitutional provisions, statutory regulations, and judicial practices to evaluate the effectiveness of Indonesia's legal framework in balancing crisis management with the preservation of democratic principles. The findings reveal ambiguities in emergency criteria, gaps in accountability mechanisms, and concerns over proportionality in restricting fundamental rights. Comparative insights and recommendations are provided to enhance legal clarity, strengthen oversight, and safeguard constitutional democracy during emergencies.

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Publication Details

Journal
International Journal of Business Law and Education
Published
2025-07-01
DOI
https://doi.org/10.56442/ijble.v6i2.1138
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

Normative Evaluation of Presidential Powers in Emergency Situations: Constitutional Limits and Legal Guarantees in Indonesia

Djuhrijjani Djuhrijjani, Wahyul Furqon
International Journal of Business Law and Education
Legal and Policy Analysis in Indonesia
article

Normative Evaluation of Presidential Powers in Emergency Situations: Constitutional Limits and Legal Guarantees in Indonesia

Djuhrijjani Djuhrijjani, Wahyul Furqon
article en

Abstract

This study examines the exercise of presidential powers in emergency situations within the framework of Indonesia’s 1945 Constitution, focusing on constitutional limits and legal guarantees. Using a qualitative approach with a normative juridical methodology, the research analyzes constitutional provisions, statutory regulations, and judicial practices to evaluate the effectiveness of Indonesia's legal framework in balancing crisis management with the preservation of democratic principles. The findings reveal ambiguities in emergency criteria, gaps in accountability mechanisms, and concerns over proportionality in restricting fundamental rights. Comparative insights and recommendations are provided to enhance legal clarity, strengthen oversight, and safeguard constitutional democracy during emergencies.

International Journal of Business Law and EducationVol. 6(2)
Universitas Muhammadiyah Tangerang (ID)
Openalex Percentile: Top 74%
Legal and Policy Analysis in Indonesia
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