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

Abstract

Three models of impeachment in a presidential system (comparative study of Indonesia, the Philippines, and America)

Author(s): Hotma P. Sibuea, Hotmaria Hertawaty Sijabat

In the constitutional system of Indonesia, the Philippines, and America there is a system of limitation and control of power called Impeachment. Impeachment institutions are institutions that are commonly known in the constitution of the Presidential system and the Parliamentary system. The focus of the research is directed at the Impeachment research in the presidential government system. Under the Impeachment system, a public official of the President/Vice President can be dismissed during his term of office. The authority to carry out impeachment rests with the House of Representatives of Indonesia, the Philippines, and America. However, the reasons for carrying out Impeachment are limited by the constitution to prevent possible abuse of power and Impeachment actions for political reasons with consideration of party interests and others. Each country builds Impeachment systems and methods according to its historical background and needs. These differences in background result in differences and similarities between the elements of Impeachment in each country. The differences and similarities between the elements of the Impeachment of Indonesia, the Philippines, and America will be investigated as a focus of attention. The research method used is a normative juridical research method with a constitutional comparison method as an approach method. The results showed the similarities and differences between the elements of the Indonesian, Filipino and American Impeachment. The differences and similarities in the elements of Impeachment can be used as comparison material to improve or amend the Impeachment model in the respective countries of Indonesia, the Philippines, and America.

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