Abstract
The current presidential system in Indonesia is the result of the amendments of the 1945 Constitution. Prior to Indonesian reform, the presidential system was influenced by a strong parliamentary pattern in which the president was responsible for the People's Consultative Assembly. Today, this provision is no longer exist. However, consistency of the presidential system is still problematic because the the dominance power of the president over the House of Representatives. These problematic points are not in line with presidential system principle because it reduce the authority of president. The Parliament may only establish any law as long as it is pursuant to the 1945 Constitution. This article aims to examine the issue of the Indonesian presidential system at least in two following sections. Firstly, it deals with dominance of presidential power over the House of Representatives. Secondly, president establishes the independent bodies such as Corruption Eraditation Commission (KPK) and National Commission of Human Rights (Komnas HAM) which are constitutionally less restricted.
Highlights
The process of constitutional reform in Indonesia in 1999-2002 was a very interesting political event and legal event
The main issue of this paper is the institutionalization of presidential powers in Indonesia in relation to legislative powers based on the presidential system in the amendment of the 1945 Constitution
The drafters of the amendment of the 1945 Constitution ignore the loophole in the institutionalization of a presidential system to sustain the parliamentary political behaviour
Summary
The process of constitutional reform in Indonesia in 1999-2002 was a very interesting political event and legal event. This process was preceded by a process of political reform in 1998. The main issue of this paper is the institutionalization of presidential powers in Indonesia in relation to legislative powers based on the presidential system in the amendment of the 1945 Constitution. Constitutional change as a political process is very difficult to produce a product of legal decision consistent with the principle or principle of law (legal principle) which is ideal.
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