TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI

J Sahalessy

doi:10.47268/sasi.v21i1.312

TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI

J Sahalessy⁽¹⁾

(1) Fakultas Hukum Universitas Pattimura, Indonesia
email

Corresponding Author

Abstract

The President as the holder of power operation of the Republic of Indonesia as mandated by the 1945 constitution, have full responsibility in the case of the head of state and head of government. In running the government, the president is assisted by a vice president. When the president and vice president elected directly by the people in a general election is considered to be incapable of running the state government for reasons that have been determined by the 1945 Constitution, the legislative body that oversees the running of the government led by the president can give a confidence vote in the name parliament is then submitted to the judiciary in this case the Constitutional Court to decide the president and / or vice president deserves to be dismissed from office or not, and then a plenary session of People's Consultative Assembly (MPR), which is a combination of DPR and DPD to determine the dismissal of the President from office. Of course, the President of Indonesia dismissal mechanism which implicitly specified in the 1945 Constitution states that when the president removed from office, the Vice President also dismissed as "a package" is selected in elections democracy. in constitutional system, dismissing the President in the middle of a term called with the power of "impeachment".

The feud between the Parliament and the President in the year 2001, where the House of Representatives after the General Election in 1999 by President Abdurrahman Wahid appointed by the Assembly election results in 1999 suffered a feud that continued confidence vote Parliament on President Abdurrahman Wahid or Gus Dur commonly called. Vote of no confidence on the results of the feud then continued the dismissal or resignation of President Abrurrahman Wahid from the presidency through a Special Session in 2001 the Legislative Act No. III / MPR / 2001. The Act contained in the revocation matter of state power from the hands of President Abdurrahman Wahid who was replaced by Megawati Soearnoputri as Vice President at the time.

Keywords

impeachment; democracy

DOI

10.47268/sasi.v21i1.312

Published

2015-06-01

How To Cite

APA: Sahalessy, J. (2015). TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI. SASI, 21(1), 1-11. DOI: https://doi.org/10.47268/sasi.v21i1.312.

IEEE: J. Sahalessy, "TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI", SASI, vol. 21, no. 1, pp. 1-11, Jun. 2015. Accessed on: Jul. 12, 2025. [Online]. Available DOI: https://doi.org/10.47268/sasi.v21i1.312

Harvard: Sahalessy, J., (2015). "TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI". SASI, Volume 21(1), pp. 1-11. [Online]. Available DOI: https://doi.org/10.47268/sasi.v21i1.312 (Accessed on: 12 July 2025)

Chicago: Sahalessy, J. "TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI." SASI 21, no. 1 (June 1, 2015): 1-11. Accessed July 12, 2025. doi:10.47268/sasi.v21i1.312

Vancouver: Sahalessy J. TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI. SASI [Internet]. 2015 Jun 1 [cited 2025 Jul 12];21(1):1-11. Available from: https://doi.org/10.47268/sasi.v21i1.312

MLA 8th: Sahalessy, J. "TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI." SASI, vol. 21, no. 1, 1 Jun. 2015, pp. 1-11, doi:10.47268/sasi.v21i1.312. Accessed 12 Jul. 2025.

BibTeX:

@article{SASI312,
		author = {J Sahalessy},
		title = {TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI},
		journal = {SASI},
		volume = {21},
		number = {1},
		year = {2015},
		keywords = {impeachment; democracy},
		abstract = {The President as the holder of power operation of the Republic of Indonesia as mandated by the 1945 constitution, have full responsibility in the case of the head of state and head of government. In running the government, the president is assisted by a vice president. When the president and vice president elected directly by the people in a general election is considered to be incapable of running the state government for reasons that have been determined by the 1945 Constitution, the legislative body that oversees the running of the government led by the president can give a confidence vote in the name parliament is then submitted to the judiciary in this case the Constitutional Court to decide the president and / or vice president deserves to be dismissed from office or not, and then a plenary session of People's Consultative Assembly (MPR), which is a combination of DPR and DPD to determine the dismissal of the President from office. Of course, the President of Indonesia dismissal mechanism which implicitly specified in the 1945 Constitution states that when the president removed from office, the Vice President also dismissed as "a package" is selected in elections democracy. in constitutional system, dismissing the President in the middle of a term called with the power of "impeachment".The feud between the Parliament and the President in the year 2001, where the House of Representatives after the General Election in 1999 by President Abdurrahman Wahid appointed by the Assembly election results in 1999 suffered a feud that continued confidence vote Parliament on President Abdurrahman Wahid or Gus Dur commonly called. Vote of no confidence on the results of the feud then continued the dismissal or resignation of President Abrurrahman Wahid from the presidency through a Special Session in 2001 the Legislative Act No. III / MPR / 2001. The Act contained in the revocation matter of state power from the hands of President Abdurrahman Wahid who was replaced by Megawati Soearnoputri as Vice President at the time.},
				issn = {2614-2961},		pages = {1--11}			doi = {10.47268/sasi.v21i1.312},
				url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/312}
		}

RefWorks:

Citation format: Download Citation:

Hamdan Zoelva. 2005. Impeachment Presiden: Alasan Tindak Pidana Pemberhentian Presiden Menurut UUD 1945. Jakarta: Konstitusi Press.

Soimin. 2009. Impeachment Presiden dan Wakil Presiden di Indonesia. Yogyakarta: UII Press.

Munir Fuady. 2009. Teori Negara Hukum Modern (Rechsstaat). Bandung: Refika Aditama.

Firmansyah Arifin, dkk . 2005. Lembaga Negara dan Sengketa Kewenangan Antar Lembaga. Jakarta: Konsorsium Reformasi Hukum Nasional.

Dahlan Thaib. 1989. Implementasi Sistem Ketatanegaraan Menurut UUD 1945. Yogyakarta: Liberty.

Miriam Budiharjo. 1991. Dasar-Dasar Ilmu Politik. Jakarta: Gramedia.

Bagir Manan. 2003. Lembaga Kepresidenan.Yogyakarta: FH UII Press.

Moh. Kusnardi dan Bintan Siragih. 2000. Ilmu Negara, Edisi Revisi. Jakarta: Gaya Media Pratama

Jimly Asshiddiqie. 2005. Laporan Penelitian. Mekanisme Impeachment dan Hukum Acara Mahkamah Konstitusi. Jakarta: Kerjasama Mahkamah Konstitusi Republik Indonesia dengan Konrad Adenauer Siftung.

Ni’matul Huda. 2006. Hukum Tata Negara Indonesia. Jakarta: Raja Grafindo Persada.

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI

2.	Creator	Author's name, affiliation, country	J Sahalessy; Fakultas Hukum Universitas Pattimura; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	impeachment; democracy

4.	Description	Abstract	The President as the holder of power operation of the Republic of Indonesia as mandated by the 1945 constitution, have full responsibility in the case of the head of state and head of government. In running the government, the president is assisted by a vice president. When the president and vice president elected directly by the people in a general election is considered to be incapable of running the state government for reasons that have been determined by the 1945 Constitution, the legislative body that oversees the running of the government led by the president can give a confidence vote in the name parliament is then submitted to the judiciary in this case the Constitutional Court to decide the president and / or vice president deserves to be dismissed from office or not, and then a plenary session of People's Consultative Assembly (MPR), which is a combination of DPR and DPD to determine the dismissal of the President from office. Of course, the President of Indonesia dismissal mechanism which implicitly specified in the 1945 Constitution states that when the president removed from office, the Vice President also dismissed as "a package" is selected in elections democracy. in constitutional system, dismissing the President in the middle of a term called with the power of "impeachment".The feud between the Parliament and the President in the year 2001, where the House of Representatives after the General Election in 1999 by President Abdurrahman Wahid appointed by the Assembly election results in 1999 suffered a feud that continued confidence vote Parliament on President Abdurrahman Wahid or Gus Dur commonly called. Vote of no confidence on the results of the feud then continued the dismissal or resignation of President Abrurrahman Wahid from the presidency through a Special Session in 2001 the Legislative Act No. III / MPR / 2001. The Act contained in the revocation matter of state power from the hands of President Abdurrahman Wahid who was replaced by Megawati Soearnoputri as Vice President at the time.

5.	Publisher	Organizing agency, location	Faculty of Law, Universitas Pattimura

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2015-06-01

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/312

10.	Identifier	Digital Object Identifier	10.47268/sasi.v21i1.312

11.	Source	Title; vol., no. (year)	SASI; Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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