Is the Indonesian President Strong or Weak?

Structuring of a political party is a constitutional national law politics insofar as it is consistent with the principle of protection of Human Rights and the principle of democracy. The legitimate principles of restriction of human rights consist of the principle of legality and the principle of interest to exercise restriction. The application of the two principles within the framework of restrictions on Human Rights is also overseen and offset by the principle of proportionality. Political law in the framework of structuring political parties is aimed at two targets, that is: (1) the regulation on the establishment of political parties and (2) the regulation of the holding of elections. The regulatory orientation of the establishment of political parties is intended to be an impediment to the will of a person to form a random political party. While the regulatory orientation on the holding of elections is to limit or reduce the number of political party presence in parliament. The factors influencing the structuring of political parties in Indonesia are socio-political factors, the ineffectiveness of party system adopted by the State of Indonesia, the juridical factor by tightening the terms of the establishment of political parties in the Election Law and the Political Party Law, the condition of pluralism a nation intended to minimize the flow politics, as well as historical conditions that show the historical facts of political parties in Indonesia are quite bleak.

Bulletin of Indonesian Economic Studies, 2019

Journal of Politics and Law, 2020

The constitutional design of the Indonesian democracy has undergone several significant changes from President Sukarno’s regime known as Orde Lama or the Old Order (1945-1965) to Era Reformasi or Reformation Era (1998 to present). During the drafting of the 1945 Constitution, the desire to form a democratic system of government that is unique to Indonesia has led its founding fathers to adopt an ambivalent system of government resembling both a parliamentary and presidential systems of government. By investigating the Indonesian democracy and system of government through the analysis of relevant articles of the 1945 Constitution, the present study seeks to address the question how to design a constitutional presidential democracy in Indonesia. The research results show that with the election of president and vice president and their accountability to the People’s Consultative Assembly or Majelis Perwalikan Rakyat (MPR), the design of the Indonesian system of government better fits a...

JWP (Jurnal Wacana Politik)

Following the amendment of the 1945 Constitution, Indonesia became one of the countries that adopted presidential government system in which the president is directly elected by the people. The interesting thing that is still hitherto controversial is the limitation of presidential term of office for no more than two periods. Our review of various literatures illustrates that there is no standard exemplar to limit or not to limit the period that must be applied in a country that adheres to presidentialism. Furthermore, if it is associated with democracy, the limitation of presidential period will cause contradiction especially with president’s accountability in which the president is directly elected by the people. Based on this, we conducted a study using qualitative method with historiography approach that aims at knowing how the periodisation of presidential term of office in Indonesia viewed from a democratic perspective. This article argues that the model of presidential period...

Contemporary Politics, 2018

Indonesia presents an extremely rare quasi-experimental research case: the constitutional reforms and the transition to full presidentialism have effected a presidentialization of political parties that is largely in line with the changes predicted by the model of Samuels and Shugart [2010. Presidents, parties and prime ministers: How separation of powers affects party organization and behaviour. Cambridge: Cambridge University Press]. Especially the rise of the new president and his difficult relationship with his own party are testimony to this. But a closer look reveals that the model has to be adapted to Indonesian politics. Presidents have tools to forge grand coalitions and to overcome the dualism to an extent. The size and history of political parties as well as wider socio-economic changes, that is an increasing oligarchization of party organization, have to be considered. Moreover, highly personalized vehicle parties serving the interests of a presidential candidate have emerged. It follows that institutional and structural incentives combined have produced a party system consisting of different party types.

Jurnal Daulat Hukum, 2021

The purpose of this paper is to find out and analyze the problems of the choice of the presidential system in the post-reformation of Indonesian state administration. The research method used is normative juridical, using a statutory approach. The data used is secondary data, with primary legal material from the 1945 Constitution and other laws and regulations. The results show that the choice of a presidential government system becomes a problem when juxtaposed with the multi-party system (combined phrase of political parties) in the 1945 Constitution. The MPR in the trial between 1999 and 2002 did not choose a quasi-presidential system in the original 1945 Constitution as well as a parliamentary system and explicitly transplant the American-style presidential system of government, without paying attention to ideological reasons and the identity and traditions of the state that have been explored by the nation's founders such as Soepomo, Soekarno and Muhammad Hatta.�

Cross-cultural Communication Copyright © Canadian Academy of Oriental and Occidental Culture, 2021

The study of finding the right posture for Indonesian democracy has never been completed. The reason is that the history of democracy as understood in Europe and America does not have deep roots in Indonesia since long ago. Moreover, compared to 55 years since independence, Indonesia’s democracy has actually made great leaps and bounds since the start of reforms in 1998, compared to Suharto’s authoritarian (New Order) rule from 1966 to 21 May 1998, and during Soekarno’s reign from the country’s independence. from 1945 to 1966. A year after the fall of Suharto on 21 May 1998, Indonesia held its first democratic elections on 7 June 1999. The elections were participated by 48 political parties. In 2004, Indonesia held its first direct presidential election. A year later, Indonesia held its first regional head elections, in which voters directly elected governors, regents, and mayors. Thus, the elections continued until the last December 9, 2020 until they got their form later in the na...

Halu Oleo Law Review, 2018

In the Indonesian Government System, the president is the supreme authority of the government under the 1945 Constitution of the State of the Republic of Indonesia. After 4 (four) amendments to the 1945 Constitution, the presidential power experienced a shift in function and role as a result of the magnitude of the flow of political interests, so that almost all the power of the president on the authority of legislation in the 1945 Constitution of the 1945 Constitution largely lacked a permanent legal power and formal juridical. We know that the substance of the authority of presidential legislation if based on the presidential system of government does not exist and is not given real space. Consequently, the president as the mandate of the people's sovereignty must be able to control the system of government even though the fact that there is dominance of the legislative institution to the presidential institution together with the cabinet that is the authority of presidential legislation in the constitution of the state 1945 Constitution has no law forces so that the wheel of development does not run normally-target is planned. The hope is that our country's constitution must be able to guarantee the principle of balance of authority and mutual supervision that governs the legislation of the president against the product of the law. Writing methodology based on the literature review contained in books, papers, newspapers, scientific articles, journals, and legislation as the object under study. The results of the study and analysis conclude: (1) The Veto of the President is not effective when reviewed in the constitutional document of the 1945 Constitution of the Republic of Indonesia; (2) The inconsistency of the Presidential Government System of Indonesia with the contents of the articles of the 1945 Constitution of the Republic of Indonesia; (3) it is recommended that the fifth amendment of the 1945 Constitution of the Republic of Indonesia and the revision of Law Number 12 Year 2011 on the Establishment of Legislation to be followed up by MPR RI and the President; (4) The Presidential Regulation in Lieu of Law, according to the authors must be absolutely given to the President without the intervention of the House of Representatives because the President as Head of State and has the Highest Government Authority under the 1945 Constitution between State Institutions.

2020

T his paper examines the impact of implementing an ideological coalition model for strengthening presidential systems in Indonesia. T he reason for raising this issue is because the current application of the parliamentary system coalition in the presidential system in Indonesia is causing problems in the legislative body so that the debate in parliament about a government policy is no longer concerned with the interests of the people but rat her that it highlights the opposing attitude of the government. Parliamentary system coalition, if implemented in a presidential system, will only prioritize political interests, so an ideological coalition model is needed. T he methodology used is a literature study on the ideology coalition model and the writer will look for aspects of the impact of the ideology coalition model for strengthening presidential systems in Indonesia in this modern democr atic era. T he result shows that ideological coalition is needed in the life of the nation and state because ideology is the basis of political party platforms to build a shared vision and mission in organizing the state so that this ideological coalition can strengthen political institutions in the presidential system. Applications of this study can be used for the government, legislative members, teachers, and students. In this research, the model of ideological coalition model for strengthening presidential systems in Indonesia is presented in a comprehensive and complete manner.