Gagasan Penataan Mekanisme Impeachment Presiden dan/atau Wakil Presiden dalam Ketatanegaraan Indonesia

Abstract

In a country, the role of a head of state in this case called the Executive is very important. That there
is power given to him. Executive power is the power that holds the highest administrative authority of the
state. The President's power seems very broad and is not explained in detail in the constitution. However, it
does not mean unlimited presidential power. To compensate for the President's power, supervision is needed
which leads to the process of Impeachment. One of the dynamics of constitutionality that clearly shows the
close relationship between legal processes and political processes is the process of dismissing the President
and / or Vice President as head of state. The process of dismissal of the President / or Vice-President is
known in the practice of constitution in various countries, in terms of this constitutional process referred to
as Impeachment. The 1945 Constitution has undergone 4 (four) changes, one of the changes determined
through the fourth amendment to the 1945 Constitution is the direct election of the President and his
dismissal through a judicial process that is in addition to the DPR and MPR also involving the
Constitutional Court in it.
The research used is normative legal research, normative legal research is library legal research
conducted by examining library materials or secondary data. This study uses a research methodology for
legal principles. This research starts from certain fields of legal (written) governance, by first identifying the
legal rules that have been formulated in certain laws.
From the results of the research that the authors did, it can be concluded that first, the process of
Impeachment of the President and / or Deputy President in Indonesia was initially regulated before the
amendment to the 1945 Constitution. proposal by the DPR. Third, the MPR was made as a breaker
institution due to the mandate of the 1945 Constitution and Representatives of the people in terms of
deciding the Impeachment case against the President and / or Vice President in Indonesia.
Keywords: Impeachment - President and / or Vice President – Constitution - Mechanism