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.
Authors
- Djuhrijjani Djuhrijjani
- Wahyul Furqon
Institutions
- Universitas Muhammadiyah Tangerang (ID)
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