Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Analysis of the Indonesian Presidential System Based on the 1945 Constitution of the Republic of Indonesia

Author(s): Sulardi, Hilaire Tegnan

This study aims at discussing the Indonesian system of government based on the 1945 Constitution. The implementation of a couple of post-independence constitutions (the constitution of 1949, 1950 and 1959) has resulted in the establishment of diver’s political systems in Indonesia. The four amendments to the current constitution (the 1945 Constitution) that took place from 1999-2002 were intended to strengthen the presidential system by transforming both the legal and political landscapes in Indonesia. This is a socio-legal research drawing on qualitative data by using constructivism paradigm. The choice of constructivism paradigm allows for a better understanding of presidential system set forth in the Indonesian 1945 Constitution before and after its amendments. The study reveals that prior to the amendments, a rather distorted presidential system was used in Indonesia as both Presidents Sukarno and Suharto controlled both the legislative and the judiciary branches. The study also shows that despite bringing about positive changes, the reinstatement of the 1945 Constitution lacks legal basis as it was the result of a presidential decree rather than an act of parliament. Finally, the study found that even though elements of presidential system can be found in the 1945 Constitution, the government system in Indonesia remains also close to the parliamentary system as the law-making power is still shared between both the executive and the legislative.