Law Reform, 19.
, 2023, 199-220 Master of Law.
Faculty of Law.
Universitas Diponegoro Research Article The Urgency of Presidential Institution Regulations in Strengthening the Presidential Government System Widayati1*.
Mas Nooraini binti Haji Mohiddin2.
Ratna Herawati3 .
Winanto4 1,4Faculty of Law.
Universitas Islam Sultan Agung.
Indonesia 2Faculty of Shariah and Law.
Universitas Islam Sultan Sharif Ali.
Brunei Darussalam 3Faculty of Law.
Universitas Diponegoro.
Indonesia *widayati@unissula.
ABSTRACT
The existence and authority of the executive, legislative and judicial institutions are regulated in the 1945 Constitution of the Republic of Indonesia, then regulated in more detail in the law, except for the President.
There is no law on presidential institutions yet, so there is concern that the President will exceed or abuse his authority in carrying out his duties.
This research discusses the importance of regulating presidential institutions in strengthening the presidential system.
The research approach was normative juridical.
examining legal rules or regulations as a building system related to a legal event.
The data used were secondary data in the forms of primary and secondary legal materials.
Based on the results of the analysis, it is concluded that: .
the regulation of presidential institutions is only found in the Constitution.
There is no description of the position and division of authority between the President and Vice President and other positions in the presidential institution.
The position of the Vice President is as assistant to the President, and the Vice President replaces the President when the President dies, resigns, is dismissed, or is unable to carry out his obligations during his term of office.
Regulation of presidential institutions in strengthening the presidential government system is very urgent to prevent arbitrary actions by the President and to provide clarity on the authority of positions within the presidential realm so that they can carry out their duties well in supporting the President as head of state and head of government.
With clear arrangements, each person has responsibilities, and there will be no overlapping of authority.
Keywords: Regulatory Urgency.
Presidential Institution.
Presidential Government System.
INTRODUCTION
also regulated further in separate laws, except for The 1945 Constitution of the Republic of the President.
Indonesia Article 1 paragraph .
determines that Since the beginning of independence, the the Indonesian state is a unitary state in the form presidential institution in Indonesia has been the of Republic.
In the Unitary State of the Republic of only state institution that the formation was not Indonesia, there are state institutions that hold regulated by a separate law.
It was only in the and exercise executive, legislative and judicial body of the constitution before the amendments Apart from the 1945 Constitution of the to the 1945 Constitution, so it is commonly Republic of Indonesia, these state institutions are referred to as the executive heavy period.
The president holds executive, legislative and judicial Law Reform, 19.
, 2023, 199-220 Master of Law.
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Universitas Diponegoro The President as the holder of executive those relating to the President.
In other hand, power is contained in Article 4 paragraph .
of there is also the Vice President, the Cabinet the 1945 Constitution which states that the Secretariat, the State Secretariat, and now there President of the Republic of Indonesia holds is the Presidential Staff Office (KSP).
The government power according to the Constitution.
authority of the Vice President is not strictly The President as the holder of legislative power is It is only stated in the 1945 Constitution contained in Article 5 paragraph .
which reads:
of the Republic of Indonesia that: in carrying out The President holds the power to form laws with his obligations, the President is assisted by one the approval of the House of Representatives.
Vice President.
The task of the Cabinet the judicial realm, the provisions of Article 14 give Secretariat based on the Presidential Regulation the President the authority to grant pardon and Number 55 of 2020 concerning the Cabinet Secretariat is to provide cabinet management Supreme Court, as well as granting amnesty and support to the President and Vice President in abolition without consideration by the House of administering the government.
This task was Representatives.
previously given to the KSP based on the After the amendment to the 1945 Presidential Regulation Number 83 of 2019 Constitution, there is a very fundamental change related to the presidential institution, which is Meanwhile, the task of the State Secretariat commonly referred to as a shift in the concept of based on Presidential Regulation Number 31 of executive power from executive heavy to 2020 concerning the Ministry of State Secretariat legislative heavy (Aryani, & Hermanto, 2.
is to provide technical and administrative support The president is placed as executive, and he is no as well as analysis of government affairs in the longer the holder of legislative power because field of state secretariat to assist the President based on Article 20 paragraph .
, the DPR .
he and Vice President in administering state House of Representative.
holds the power to form laws.
Judicial power rests with the Supreme Presidential Staff Office.
The theories used to analyze the problems Court and the Constitutional Court.
The President can grant pardon and rehabilitation by taking into Legal state theory account the considerations of the Supreme Court.
A rule of law is a state that stands on law and grant amnesty and abolition by considering that guarantees justice.
Legal regulations that the House of Representatives.
exist in a country are intended to protect the rights It is important to regulate the presidential of citizens from arbitrary actions by the Likewise, legal state regulations are presidential institution, it is certainly not limited to made to prevent absolute power for the sake of Law Reform, 19.
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Universitas Diponegoro institution that is given authority is of course Therefore, the rule of law aims to protect the human rights of its citizens by limiting and implementing its authority (Carlin.
Love, & monitoring the actions and powers of the state Martinez-Gallardo, 2.
with laws (Azhari, 1.
In a legal state, this For example, when the President issued means that all state administrators, all state Presidential Regulation Number 26 of 2015 officials, and all citizens must comply with the concerning the Presidential Staff Office which applicable legal rules.
expanded the authority of the KSP by increasing Legislative Theory the authority of the KSP to summon ministers, the Maria Farida Indrati Soeprapto .
formation of this presidential regulation did not involve the Vice President.
Minister of State .
egislation, wetgeving or gezetzgebun.
has 2 Secretary, and coordinating minister.
Even though .
different meanings: .
Legislation is a the formation of presidential regulations is within process of establishing/ forming state regulations, the President's authority, based on the 1945 both at the central and regional levels.
Constitution of the Republic of Indonesia and Law Legislation is all state regulations which are the Number 39 of 2008 concerning State Ministries, result of the formation of regulations, both at the the authority to summon ministers only belongs to central and regional levels.
the President.
Vice President and Coordinating The duties of the Vice President and Minister.
When the KSP is given the authority to various presidential regulations that regulate coordinate by summoning and evaluating the institutions assisting the President are to assist performance of ministers, of course this overlaps the President in carrying out state government with the authority of the Coordinating Minister .
There is no clarity regarding which Several studies had been conducted government affairs of each party is responsible related to the presidential institution, but the Therefore, when examined, there is an results focused on the division of duties between overlap and has the potential to give rise to the President and Vice President and did not dualism in duties and functions between discuss the duties of the State Secretariat, institutions within the presidency.
It makes it Cabinet Secretariat, and the KSP.
There is a difficult for the President to make a decision when need for a strict division of duties between the the problems presented by these institutions to president and vice president so that competition the President are different for the same thing.
The does not occur between the two (Wiranto, 2.
lack of clarity in the duties and functions of each Then.
Huda .
examined the division of institution within the President's environment also duties of the President and Vice President during causes unclear accountability.
Every state the administration of President Abdurrahman Law Reform, 19.
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During the reign of Abdurrahmad Wahid, manifested in the form of Presidential Decrees the division of duties of the President and Vice (Keppre.
(Koynja, 2.
President was carried out by issuing Presidential Regarding Decree 121 of 2000 concerning the Assignment according to Jazim Hamidi and Mustofa Lutfi, for of the President to the Vice President to Carry the continuity of national and state life to run well.
Out Daily Technical Government Duties.
This is restructuring is needed through a bill on the considered a strategic and urgent step.
This presidential institution that is more aspirational political and constitutive decision by the President and accommodating based on the understanding is considered more appropriate because the of constitutionalism (Hamidi, & Lutfi, 2.
handover of the technical duties of the President's Meanwhile.
I Gede Yusa and Bagus Hermanto in government to the Vice President is only the their research focused more on strengthening the internal portion (Huda, 2.
Muhammad Jodi presidential government system by realizing Wiranto in his research stated that in order to strong leadership, integrity and ethical politics, "implement a healthy and effective presidential simplifying the party system, and encouraging system, the relationship between the President political cultural participation.
Fourth, building a Director and Deputy President Director needs to modern parliament realizes good governance and be regulated in detail and firmly, particularly with reforms bureaucracy (Yusa, & Hermanto, 2.
regard to the possibility of disharmony due to Partlett's research explains the presidential mutual competition for influence for political system of government and the semi-presidential investment for personal interests" as well as system or what is called crown-presidentialism, political parties (Wiranto, 2.
The results of where the elected president is the guardian Johannes Johny Koynja's research are that the powers to control the legislative branch as well as delegation of authority from the President to the important judicial, prosecutorial, and integrity Vice President through the mechanism of institutions and therefore an important tool in the constitutional conventions is considered to be super-presidentialism of many new authoritarian able to answer the problem of vague or unclear regime (Partlett.
Kuswanto's research norms .
ague van norm.
regarding position, describes that the constitutionality of the working relationships, and division of authorities presidential system in Indonesia contributes to the between Presidents and the Vice President who lack of specific constitutional rules in describing have both been elected as a pair directly by the the relationship between the executive .
Constitutional conventions do not need to and the legislature, including efforts at the level of always be unwritten provisions arising from legislative efforts that have a significant impact on agreements, but they can be in written form the weakening of power President in the executive realm (Kuswanto, 2.
Law Reform, 19.
, 2023, 199-220 Master of Law.
Faculty of Law.
Universitas Diponegoro Based on the description above, clarity and system in question is on principles, norms, rules legal certainty are needed regarding the position, and regulations, and doctrine.
Normative legal authority, division of duties between the President research examines legal rules or regulations as a and Vice President, and clarity on the position building system related to a legal event (Fajar, & and authority of the State Secretariat.
Cabinet Achmad, 2.
The data used were secondary Secretariat, and KSP.
This is because one of the data consisting of primary legal materials in the important principles in the presidential system of form of statutory regulations and secondary legal government is that the ultimate responsibility for materials in the form of books and journals.
state government power lies in the hands of the Secondary data collection was carried out using President.
The direct election of the President and the literature approach method, literature study.
Vice President by the people gives high review of scientific journals, scientific articles and legitimacy to the President.
Impeachment of the scientific works.
The secondary data collected President and/or Vice President is not only were analyzed using normative methods which through a political process but also must go were then presented in a qualitative descriptive through legal process.
The increasingly powerful position of the President requires clear regulation so that it does not fall into arbitrariness RESULTS AND DISCUSSION Therefore, in this article we discuss the Indonesian Government System urgency of regulating the presidential institution in Indonesia's government system.
Every modern country adopts a different government system, depending on the sociocultural conditions of the people in that country.
country's government system is outlined in the RESEARCH METHODS (Budiman.
Government This research was a legal research using system consists of presidential and parliamentary scientific methods by carrying out a series of government systems.
The presidential system of government, also known as the congressional to search for scientific system, is a government system in which the (Irwansyah, 2.
The aim of this research was to provide ideas on the importance of regulating independent positions (Taufik, 2.
Presidential presidential institutions so that there is no Government System is a government system overlapping authority of the institutions that assist centered on the position of the President as head the President.
The approach method used was of government and head of state (Tamrin, 2.
normative juridical.
a legal research by placing the President is elected by the people .
r sometimes law as a building system of norms.
The norm by an electoral colleg.
for a certain period of Law Reform, 19.
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In a presidential system of government, the executive is not responsible to the people's The presidential system of government representative body, meaning that executive requires President as head of state and head of power is out of the direct supervision of government to have a strong position in parliament (Sodikin, 2.
The advantage of the government so that the President's programs can presidential system of government is that the be implemented well (Aulia.
Husen, & Gadjong government run by the executive runs relatively The presidential system of government is stably, and the term of office is stipulated in the referred to as the United States model.
It was first Meanwhile, the weakness is that used by British writers to express the political every government policy decision is a bargaining system in the United States before the Civil War position between the legislature and the executive .
The head of the executive power in (Octovina, 2.
Meanwhile.
Linz believes that the United States is the President, and the the parliamentary system is superior to the President exercises his own power and is not presidential system in maintaining political accountable to the Congress.
The president has One reason is that in a presidential political immunity and is accountable to the system there is double legitimacy because the people (Ruslan, 2.
President and the legislature are directly elected Sri Soemantri states that Government so that no one can claim to be the sole System is a relationship between the legislative representative of the people (Bynte & Thompson, and executive institutions.
There are clear In presidential system, according to Juni differences between the presidential system of Makita's view, it encourages the development of government and the parliamentary system of LSA to the executive-legislative separation based (Yani, 2.
The relationship on Lijphart's criteria.
In parliamentary system, it between the executive and legislature in a country inherently has characteristics that inhibit the shows the system of government adopted by the development of LSA (Makita, 2.
country concerned (Muhtadi, & Ridlwan, 2.
The characteristics of a presidential system When the government system is parliamentary, of government according to Scott Mainwaring are the dominance and concentration of power lies in (Saraswati, 2.
the legislature.
The executive is subject to and The President is both head of state and head responsible to the legislature (Humaidi, & Rahmadanti.
However, concentration of power is in the executive of government.
The president and members of the legislative body are elected by the people.
The executive institution is not part of the (Indarja, 2.
legislative institution, so it cannot be dismissed Law Reform, 19.
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Universitas Diponegoro by the legislative institution, except for the election as Prime Minister is not by the people impeachment mechanism.
directly, but the Prime Minister concerned is The president cannot dissolve parliament.
Jimly Asshiddiqie elected as a member of parliament who characteristics of a presidential government controls a certain majority of seats.
In relation to parliamentary institutions, the system as follows (Asshiddiqie, 2.
President does not submit to parliament and The term of office is certain, for example four, cannot dissolve parliament, and vice versa, five, six, or seven years, so that the President parliament cannot overthrow the President and and Vice President cannot be dismissed in the dissolve the cabinet as is the practice in a middle of their term for political reasons.
parliamentary government system.
some countries, the terms of office of the In a presidential system of government, there President and Vice President are usually is no distinction between the head of state and strictly limited, for example only one term of the head of government.
Meanwhile, in a office or only two consecutive terms of office.
parliamentary system of government, it is The President and Vice President are not common to differentiate or even separate the responsible to a particular political institution positions of head of state and head of commonly known as parliament but are directly responsible to the people.
The Responsibility for government lies with the President and Vice President can only be President, and in principle the President has removed from office for reasons of violation of the authority to form the government and the the law which are usually limited to the cases cabinet and to appoint and dismiss Ministers of certain criminal acts which, if left and public officials whose appointment and unaccounted for, could give rise to serious dismissal are carried out based on political legal problems such as treason against the Therefore, in a presidential state, clear violations of the constitution, and government system, it is usually called so on.
Therefore, it is generally determined that the responsibility upon the president.
Above the President and Vice President are elected President, there is no other higher institution directly by the people or through certain except the constitution.
Therefore, in the intermediary mechanisms which are not constitutional state system, politically the permanent representatives as is the nature of President is considered responsible to the parliamentary institutions.
In a parliamentary people, while legally the President is system, even if a Prime Minister is elected responsible to the constitution.
through a general election, for example, his Law Reform, 19.
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erbally expressivel.
that the when it is proven that he no longer meets the country's government system is a presidential requirements as President and/or Vice President.
government system (Sianipa et al.
, 2.
One of Fourth.
The President cannot dissolve the DPR the changes made to the 1945 Constitution is to as regulated in Article 7C which states that the purify the presidential system.
The efforts to purify President cannot freeze and/or dissolve the the presidential system are carried out in the form People's Representative Council (Yusdiyanto, of holding direct elections for the President and Vice President, limiting the terms of office of the position of head of state and head of government.
President and Vice President, regulating the The President as head of state is regulated in impeachment of the President and/or Vice Articles 10 to 15 of the 1945 Constitution of the President, and the President cannot dissolve the Republic of Indonesia, while the President as DPR .
he House of Representative.
(Yusdiyanto, head of government is regulated in Articles 4 and First.
It is holding the elections for the The President of Indonesia has the position of President and Vice President directly by the head of state and head of government.
Political people as stipulated in Article 6A paragraph .
of power and responsibility rests with the President the 1945 Constitution of the Republic of Indonesia .
oncentration of power and responsibility upon which states that the President and Vice the Presiden.
Ministers are appointed and President are elected as a pair directly by the dismissed by the President so that ministers are Second, there is a limitation on the terms responsible to the President, as regulated in of office of the President and Vice President as Article 17 of the 1945 Constitution of the Republic stated in Article 7 which states that the President of Indonesia.
Apart from that, the President as and Vice President hold office for five years, and head of government also has the authority to after that they can be re-elected in the same appoint Deputy Ministers as stated in Law position only for one term of office.
Third, there Number 39 of 2008 concerning State Ministries are provisions for the impeachment of the (Sukma, & Saraswati, 2.
In Indonesia's President and/or Vice President as stipulated in presidential system, the DPR and the President Article 7A which states that the President and/or are equally strong, so they cannot dissolve each Vice President can be dismissed during their term other (Aritonang, 2.
of office by the People's Consultative Assembly Indonesia's People's The President of Indonesia has the system is implemented with a multiparty political Representative Council, whether they are proven to have committed a violation of the law in the implements a multiparty system because its (Tomsa.
Indonesia Law Reform, 19.
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In theory, combining a characteristics of Indonesia's government system presidential system with multiparty system could were almost the same as America's.
Some of cause problems (Santosa, & Suardita, 2.
these characteristics include the president as the Combining a presidential system with a multi- holder of executive power and administrator of party system is not suitable because it can cause The president is not responsible to unstable government.
It is possible that the congress and cannot be subject to a vote of no elected President will be a President who comes confidence because the president is elected by from a political party or combination of political the people.
The president in office can only be parties that is not supported by a parliamentary elected for two terms, and the president can be majority so that the President's policies may have terminated if he commits a violation (Adinda.
Fatmala, & Hijrie, 2.
Theoretically, a multi-party system is not Presidential Institution conducive to presidential system (Widayati, & Winanto, 2.
President is different from the presidential President is always associated with Mainwaring describes the difficulty of office holders, while presidential institution is combining presidentialism with multi-partyism always associated with office environment because of the risk of increasing ideological (Mochtar, & Afkar, 2.
Presidential institution is polarization and the potential for deadlock an institution or position organization in the between the executive and legislative branches Indonesian government system based on the (Tomsa, 2.
In political activities, of course, 1945 Constitution of the Republic of Indonesia political parties will form coalitions (Mietzner, consists of two positions.
President and Vice In Indonesia's constitutional history.
President.
especially during the reform period, political party requirements for candidates for President and coalitions were pragmatic and very fragile.
In the Vice President in its constitution (Sorik.
Arsil, & presidential institution, it may happen that the Ayuni, 2.
In the United States, the President political parties of the President and Vice and Vice President are elected through elections.
President are different.
This will certainly disrupt The powers of the President and Vice President the harmonization of relations between the are regulated in the United States Constitution.
President and Vice President and will even affect Article II paragraph 1 states that Executive power the solidity and cohesiveness of the cabinet shall be vested in a President of the United States (Suparto, 2.
(Fortin, 2.
The President shall serve a term of Each Indonesia and America both implement a four years, together with the Vice President, who presidential system of government.
Before the is elected for the same term.
Regarding the Vice amendment to the 1945 Constitution, the President.
Article 1 paragraph 3 states that the Law Reform, 19.
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of the United States even though it is Regarding the authority of the Vice constitutionally stipulated that the Vice President President, based on Amendment 25 of the United serves as Chairman of the Senate.
The States Constitution, the Vice President of the President's leadership style can give the Vice United States replaces the President:
President a more prominent role in administering To be the President in the event of the the government (Firdayanti, 2.
Apart from the Vice President and President's removal from office or his death or ministers, the United States presidential institution To be the President when the President also has the Executive Office of the President declares in writing his inability to carry out the which supports the President's work as an powers and duties of the presidency.
executive body.
The Executive Office of the To be the President and nominates a Vice President consists of several positions such as Presidential candidate who must be ratified by the White House Staff who work directly to the the Senate and the Speaker of the House of President, and there are advisors to the President Representatives.
The application must be such as the National Security Advisor.
Budget made through a written declaration.
To be the President when the Vice President and several Ministers or a council of Congress Management Advisor.
Personnel Management.
Special Counsel, and General Services Administration (Lewis, 2.
declare in writing the President's inability to Teehankee .
states that in the carry out the powers and duties of the Philippines, the President and Vice President are elected in separate elections.
The term of office of Based on Amendment 25, it can be the President and Vice President is six years and interpreted that the Vice President, supported by only one term of office.
Based on Article VII ministers, has the authority to declare the inability Section I of the Philippine Constitution, the of the President of the United States to carry out President is the holder of executive power.
the powers and duties of the presidency.
Meanwhile, the Vice President's duties and However, on the other hand, the President can authority still depend on the President.
The submit a statement that contradicts the Vice authority of the Vice President is regulated in President's statement.
In the event of a conflict Article VII Section 3 of the Philippine Constitution, between the two presidential officials, the United that the Vice President can be appointed as a States Constitution leaves the resolution to the cabinet member by the President.
In Article VII United States Congress (Martynez, 2.
Law Reform, 19.
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other hand they are two state organs that are The Vice President of the Philippines replaces different from each other.
This means two organs the position of President if the elected that are inseparable but can and must be President distinguished from each other (Indrastuti, 2.
The Vice President acts as The direct election of the President and President until the elected President qualifies.
Vice President by the people indicates the The Vice President of the Philippines replaces desacralization of the presidential institution.
The the position of President if at the beginning of President and Vice President no longer only the President's term of office, the elected belong to the elite, but anyone can have contact President dies or is unable to carry out his with the presidential institution (Musa, 2.
The duties for a long period of time.
consequence of direct election is that if there is a The Vice President of the Philippines replaces violation committed by the President and/or Vice the position of President if the President President because there is no longer a submits to the Chairman of the Senate and the Speaker of the House of Representatives a President written statement regarding his inability to Assembly, carry out the powers and duties of the impeachment is needed in connection with the presidency, until the president sends a written concept of action against violations by the statement canceling it.
President and/or Vice President (Manan, & The President and Vice President are People's Consultative Asshiddiqie, 2.
elected through elections.
The election for The presidential institution, which consists President and Vice President is not just a fight of the position of President and the position of between two candidates, but also between Vice President, is essentially one inseparable diametrically opposed concepts of power and institution politically.
The Vice President plays a visions for Indonesia's future (Mietzner, 2.
very important role in his relationship with the The election of the President and Vice President.
The Vice President is a substitute for President is carried out directly by the people in the President if the President is unable to carry one pair.
This provision regarding one pair shows out his duties and obligations for a certain period that the positions of President and Vice President of time or for a period of time until the term of are one pair and constitute a dual or unified office of the President he replaces expires or presidential institution.
Even though they are one The role of a Vice President is so important, unified presidential institution, they are two the requirements for being a President and Vice separate constitutional positions.
Therefore, even Law Reform, 19.
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there has been a legal vacuum in the practice of The term of office of the President and Vice state administration (Arsa, 2.
To fill this legal President is five years, and thereafter they can be vacuum, it is necessary to establish a law re-elected once in the same position.
The term of regarding the presidential institution.
office is limited to prevent abuse of power.
This The Urgency of Presidential Institution limitation of power is as stated by Lord Acton that Regulations in Strengthening Indonesia's "Power tends to corrupt, but absolute power Presidential Government System (Budiardjo,1.
The The president is the head of government presidential institution regulations in the 1945 .
olding executive powe.
and also the head of Constitution of the Republic of Indonesia are not In carrying out his duties and obligations, yet comprehensive.
The division of duties and the President is assisted by one Vice President authority between the President and Vice and Ministers.
The relationship between the President is unclear.
The Vice President is only President and the Vice President and the positioned as an assistant to the president relationship between the President and the because the 1945 Constitution of the Republic of Ministers are different because the Vice President Indonesia does not provide clear guidelines for is elected together with the President directly by what the Vice President must do, so the Vice the people, while the Ministers are appointed and President's duties are only dependent on the dismissed by the President.
Even though the Vice President's provision (Husen, 2.
Because of President is elected together with the President, this lack of clarity, the question often arises, the working relationship between the President namely, what exactly is the Vice President's and the Vice President has been determined by In the history of Indonesian constitutional the President.
There are no regulations regarding affairs, the duties and authority of the Vice the working relationship between the President President do not have standard legal norms and and the Vice President or the division of duties state ethics.
This means that legally there is no between the President and the Vice President, obligation for a President to delegate his duties to either in the 1945 Constitution of the Republic of the Vice President if the President is temporarily Indonesia, or in other statutory regulations.
The This task can be given to the Vice 1945 Constitution of the Republic of Indonesia President, or it can also be given to the only stipulates that when the President is triumvirate of ministers, namely the Minister of temporarily unable to carry out his duties and Home Affairs.
Minister of Foreign Affairs and obligations, the Vice President carries out the Minister of Defense.
However, there is no specific President's duties and obligations, and when the regulation on the performance mechanism for President is permanently absent or is dismissed.
Law Reform, 19.
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Universitas Diponegoro he is replaced by the Vice President until the end of his term of office.
The existence of laws governing state institutions is a mandate of the 1945 Constitution In the Indonesian constitutional system, the of the Republic of Indonesia.
President is not only an executive but also Law Number 17 of 2014 is a mandate from:
exercises legislative power together with the DPR Article 2 paragraph .
Article 20A paragraph to form laws (Asrinaldi.
Yusoff, & Karim, 2.
Article 22B.
Article 22D paragraph .
The President also exists in the realm of judicial The Law on the Supreme Court is a mandate the President grants pardon, amnesty, from Article 24A paragraph .
abolition and rehabilitation.
The duties and The Law on the Constitutional Court is a obligations that must be carried out by the mandate from Article 24C paragraph .
and President are highly extensive.
There are many Article 25.
articles in the 1945 Constitution of the Republic of The Law on Judicial Commissions is a Indonesia that regulate the President.
However, mandate from Article 24B paragraph .
the Constitution is a basic law, of course the The Law on the Financial Audit Agency is a content regulated in it is also fundamental.
mandate from Article 23G paragraph .
Further elaboration of the articles in the American Philippine Constitution is needed into laws and regulations constitutional systems, the authority of the under the Constitution, including regulations President and Vice President is regulated in the regarding the presidential institution.
Although the authority of the Vice Until recently, there is no law that regulates President still depends on the President, the the presidential institution, while other state constitution also regulates the position and other institutions already have laws that regulate it.
The powers of the Vice President in more detail.
For state institutions such as the MPR.
DPR.
DPD example, the Vice President of the United States have been regulated and described in more detail becomes President of the Senate even though he in their duties and authorities in Law Number 17 does not have voting rights (Inycio, 2.
When The Supreme Court is regulated by Law the Vice President replaces the President, the Number 14 of 2005, and the Constitutional Court reasons are also regulated.
Likewise in the is regulated by Law Number 24 of 2003.
Then.
Philippines, the Vice President is a member of the the Judicial Commission is regulated by Law Cabinet, and he can also replace the President Number 22 of 2004, and the Financial Audit for reasons specified in the constitution.
Agency (BPK) is regulated by Law Number 15 of course, each country implements a different constitutional system, in accordance with the integrity of the country concerned.
For example, party systems, government systems, electoral Law Reform, 19.
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This law also regulates election to another.
What needs to be noted is that when a organizers, election crimes and other matters country implements a certain constitutional related to elections.
system, the hope is that the system can be Law Number 7 of 2017 relating to the implemented well, there is no overlap in authority.
President and Vice President only regulates the and it is oriented towards the goals of the country holding of elections for President and Vice (Teehankee, 2.
President and the conditions for becoming The Indonesian constitutional system must President and Vice President which does not also be oriented towards the basic goals and regulate other things.
This is different from the ideals of the state as stated in the Preamble to regulations of other state institutions which is not the 1945 Constitution of the Republic of Indonesia limited to the requirements for becoming a because the Constitution is the highest law and member of a state institution and the procedures has the highest position in the country of for filling out membership but also regulates Indonesia (Marwiyah et.
al, 2.
The basic rights, obligations, duties, authority, and so on.
ideals of the Indonesian state are to create an Regulation Indonesian state that is free, united, sovereign, institution in a separate law is very important just and prosperous based on the values of because although the 1945 Constitution of the divinity, humanity, unity, deliberation and justice Republic of Indonesia has many articles that (Abrianto.
Ibrahim.
Nugraha, 2.
regulate the presidential institution, there is no The mandate of the 1945 Constitution separate law yet, which is lex specialist like other relating to the President is contained in Article 6 state institutions.
The President has broad powers paragraph .
which reads: The requirements for so that the President does not take arbitrary becoming President and Vice President are actions, and the President's power can be further regulated by law.
As a follow-up to the controlled and limited by law.
Apart from that, to provisions of Article 6 paragraph .
, the Law strengthen the presidential government system, concerning the General Election of the President arrangements or regulations governing the and Vice President was established, namely Law presidential institution are a necessity.
Number 23 of 2003 which was later revoked by The urgency of establishing the Law on the Law Number 42 of 2008.
In the regulations Presidential Institution is based on historical, regarding the election of the President and juridical and empirical reality considerations.
Deputy, in its development, the President has order to implement a healthy and effective made it into one law with the elections for presidential government system, the relationship members of the DPR.
DPD and DPRD, namely between the President and the Vice President Law Number 7 of 2017 concerning General needs to be regulated in detail and firmly.
Law Reform, 19.
, 2023, 199-220 Master of Law.
Faculty of Law.
Universitas Diponegoro especially the matters relating to the possibility of in the law, considering that Ministers are disharmony due to conflicting interests as part of appointed and dismissed by the President, while political investments aimed at personal interests.
the Vice President together with the President are as well as the interests of political parties in elected directly by the people in election.
It is Indonesia (Wiranto, 2.
necessary to clarify the relationship and position Apart from the Vice President, in the between the President and the Vice President so presidential institution there are other positions that an unharmonious relationship between the such as Ministers.
State Secretariat.
Cabinet President and the Vice President can be avoided.
Secretariat, and Presidential Staff Office (KSP).
With this clarity, there will be no overlapping of The position of Vice President in the Indonesian authority and of course it will also make it easier government system so far can almost be said to to account for the institutions within the be like a banserep, which will only function when presidential institution.
the President is absent, whether temporarily or The content of the law regarding the permanently (Huda, 2.
The State Secretariat, presidential institution is about the position.
Cabinet Secretariat, and KSP have main tasks functions, duties, authority, rights, obligations, and organizational functions that are related to prohibitions of the President.
Vice President, each other.
KSP was formed by Presidential Ministers and other institutions determined to be Regulation Number 83 of 2019 concerning the included in the presidential institution.
Likewise, it Presidential Staff Office which is chaired by a is necessary to regulate the relationship between Presidential Chief of Staff.
KSP was formed with the President.
Vice President.
Ministers and other the aim of providing support to the President and What institutions exist within the Vice President in controlling the implementation of realm of the presidential institution are clearly determined in law, so that the President does not implementation of national priority programs, add to institutions that have already been In the executive sector, there needs communication, and management of strategic to be a clear division between the authority of the issues (Suyadi, 2.
President and the Vice President.
In the To clarify its existence and authority, as legislative field, because the President is given well as the relationship between the institutions the right to submit draft laws to the DPR, a special included in the presidential institution, a law is institution can be formed to assist the President in needed that regulates it.
Likewise regarding the preparing academic texts and draft laws.
differences in position between Ministers and the The content of the presidential institution's President , and the position of the Vice President laws must not conflict with Pancasila by taking and the President, further explanation is needed into account the values of divinity, humanity.
Law Reform, 19.
, 2023, 199-220 Master of Law.
Faculty of Law.
Universitas Diponegoro unity, deliberation and the value of justice, and limited to regulating the President.
Vice President must not conflict with the 1945 Constitution of the and Ministers.
The content material in the Republic of Indonesia.
In forming laws regarding constitution only stipulates that in carrying out his the presidential institution, one must also pay obligations the President is assisted by one Vice attention to the principles of forming statutory President, and does not regulate the division of regulations and the principles of the content of authority between the President and the Vice statutory regulations.
The principles for forming President so that the position of the Vice statutory regulations are clarity of purpose.
President seems to be only a spare tire, whose appropriate institutions or forming officials, role will be seen when The President is absent.
suitability between type, hierarchy and material The position and authority of the President content, can be implemented, effectiveness and and Vice President in Indonesia's presidential usefulness, clarity of formulation and openness.
The material principles of the content of statutory constitutional history has not changed.
The Vice President has the position of assistant to the nationality, kinship, archipelago, unity in diversity.
President, and the Vice President will replace the justice, equality of position in the law and President if the President dies, resigns, is government, order and legal certainty, and/or dismissed or is unable to carry out his obligations balance, harmony, and alignment.
Based on during his term of office.
The Constitution only legislative theory, the formation of laws regarding regulates the authority of the President but does the presidential institution is also in accordance not regulate the authority of the Vice President.
Indonesia's with the procedures for forming laws starting from Based on the theory of the rule of law, planning, drafting, discussing, ratifying and power must be limited, and limitations on power What must not be left out in the are carried out by law.
Therefore, it is urgent to formation of laws is community participation, regulate presidential institutions in strengthening because Indonesia is a country with people's Indonesia's presidential government system to prevent arbitrary actions by the President and to provide clarity on the authority of institutions CONCLUSION within the realm of the presidency.
the Vice Based on the analysis described above, it President.
Ministers.
State Secretariat.
Cabinet can be concluded that the regulation of the Secretariat, including currently the KSP.
Each of presidential institution in Indonesian constitutional these institutions should ideally be given clear history is only found in the 1945 Constitution of and firm authority so that there is no overlap in the Republic of Indonesia.
In relation to the To clarify authority, this is done by presidential institution, the material content is forming a law regarding the presidential Law Reform, 19.
, 2023, 199-220 Master of Law.
Faculty of Law.
Universitas Diponegoro With clarity of authority, these dan Konseling.
Vol.
5, (No.
, p.
institutions can carry out their duties well in https://doi.
org/10.
31004/jpdk.
supporting the President, both as head of state Aritonang.
Dinoroy M.
Penerapan Sistem and head of government.
These institutions are Presidensil Indonesia Pasca responsible for the authority they have been Amandemen UUD 1945.
Mimbar Hukum, given, and there will be no shifting of Vol.
22,(No.
,p.
responsibility if problems occur.
https://doi.
org/10.
22146/jmh.
Based on the description above, it is Arsa.
Ria C.
Urgensi Pengaturan recommended that the DPR and the President as Lembaga Kepresidenan Dalam Rangka state institutions that are given the authority by Mewujudkan the 1945 Constitution of the Republic of Indonesia Pemerintahan Presidensiil.
Jurnal Hukum to form laws immediately set an agenda for Kenegaraan,Vol.
2,(No.
,pp.
(Jurnal drafting a law Tercetak.
Asosiasi Pengajar HTN-Han regarding the presidential In the process of forming a law, of Konsolidasi Sistem Jawa Timu.
course, you have to pay attention to the Aryani.
Nyoman Mas.
, & Hermanto.
Bagus.
procedures for its formation starting from .
Rekonstruksi Kejelasan Kedudukan planning, drafting, discussing, and ratifying, up to Wakil Penguatan Apart Presiden Kerangka Penegasan Sistem procedures, what must also be taken into account Presidensiil Indonesia.
Jurnal Legislasi are the principles of formation and the material Indonesia, principles of the content of the legislation.
https://doi.
org/10.
54629/jli.
every stage of the formation of the law, of course.
Asrinaldi.
Yusoff.
Muhammad Agus.
, & Karim, there must be public participation so that the Zamzani Abdul.
Oligarchy in the resulting law can be accepted by the public, and Jokowi government and its influence on the the public can assess the performance of implementation of legislative function in institutions within the realm of the Presidential Indonesia.
Asian Journal of Comparative Institution.
Politics,Vol.
7,(No.
,pp.
189Ae203.
Vol.
(No.
https://doi.
org/10.
1177/205789112
REFERENCES