KEDUDUKAN PEMAKZULAN PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM KETATANEGARAAN INDONESIA BERDASARKAN UUD 1945

Abstract

This research analyzes the position and mechanism of impeachment of the President and Vice President in the Indonesian constitutional system based on the 1945 Constitution of the Republic of Indonesia. Using a normative juridical approach with an analysis of the 1945 Constitution of the Republic of Indonesia and related regulations. This study examines and analyzes the constitutional basis for impeachment of the President and Vice President before and after the amendment to the 1945 Constitution. The results of the study indicate that before the amendment, the impeachment mechanism was more political because the People's Consultative Assembly (MPR) had full authority to dismiss the President without a clear legal basis. Meanwhile, after the amendment, the impeachment mechanism was strictly regulated in Articles 7A and 7B of the 1945 Constitution by involving three state institutions, namely the DPR, the Constitutional Court, and the MPR, so that the process became more objective, constitutional, and based on law. Thus, the amendment to the 1945 Constitution has changed the impeachment process from political domination to a legal mechanism that guarantees the accountability and stability of the presidential system of government in Indonesia.