TINJAUAN KOMPORATIF KEKUASAAN EKSEKUTIF DI NEGARA REPUBLIK INDONESIA DENGAN NEGARA AMERIKA SERIKAT: STUDI KOMPERATIF UNDANG-UNDANG DASAR 1945 DAN KONSTITUSI 1787 AMERIKA SERIKAT

Abstract

Every country, however modest its level of development, always has a set of rules that regulate the organizational structure of the state consisting of state organs or offices. This set of rules is called the Constitution. In this sense, there is no and has never been a country without a Constitution. However, there is no and there have not been countries that have the same Constitution. There are differences between each other. Differences occur because of different backgrounds, such as history, culture, ideology, and so on. The Indonesian Constitution centers significant authority on the President, reflecting the historical context of this country and the need for strong leadership. In contrast, the United States Constitution establishes a system of division of powers and checks and balances among the executive, legislative, and judicial branches to prevent the concentration of power in a single branch. Under the 1945 Constitution of the Republic of Indonesia, the relationship between the executive, legislative, and judicial branches is designed to be cooperative but distinct, with the President holding significant power but subject to checks by the People's Consultative Assembly (MPR) and the judiciary. In contrast, the 1787 United States Constitution established a more adversarial and balanced system of checks and balances. The U.S. Congress can legislate, override presidential vetoes, and impeach the President, while the judiciary, through judicial review, can override executive actions and laws.