This is the mechanism for the impeachment of the President or Vice President in the 1945 Constitution
JAKARTA (Antara) – Purchasing is not just a term that is widely discussed when the political crisis or power conflict occurs. Behind it, there are legal procedures that have been clearly regulated in the Indonesian constitution.
The president or vice president as the highest executive power holder, can indeed be dismissed from his position. However, the process cannot be done haphazardly or only based on political pressure.
The 1945 Constitution of the Republic of Indonesia (1945 Constitution) has established a strict and layered mechanism for impeachment, starting from the proposal in the DPR, examination by the Constitutional Court, to the final decision in the MPR.
This process is designed to maintain the stability of the country and ensure that the dismissal of the president or vice president only occurs if there are serious violations of the law or constitutional provisions.
The following is a detailed mechanism in the impeachment process, launching from online legal sites and various other sources.
Also read: What is the meaning of impeachment? This is understanding and application in Indonesia
The mechanism of impeachment of the president or vice president according to the 1945 Constitution
• In accordance with Article 7B paragraph (1) of the 1945 Constitution, the proposed termination of the President or Vice President can be submitted by the DPR to the MPR.
• The DPR must first ask the Constitutional Court (MK) to examine and decide whether the president and/or vice president really violated the law such as betrayal of the state, corruption, bribery, serious criminal offenses, or despicable acts or no longer fulfilling the requirements as heads of state.
• The Constitutional Court, based on Article 24C paragraph (2) of the 1945 Constitution, has an obligation to issue a decision on the opinion submitted by the DPR.
• The submission from the DPR to the Constitutional Court can only be carried out if approved by a minimum of two -thirds of the DPR members who attended the plenary session, with the condition that the session was attended by a minimum of two -thirds of the total DPR members, as explained in Article 7B paragraph (3).
• After receiving an official request from the DPR, the Constitutional Court has a maximum time of 90 days to examine, try, and give a fair decision regarding the opinion of the DPR, in accordance with the provisions of Article 7B paragraph (4).
• If the Constitutional Court states that the President or Vice President is proven to violate the law, the DPR will hold a plenary session to continue the proposal of dismissal to the MPR.
• The MPR, after receiving the proposal, is required to hold a hearing to make decisions no later than 30 days, as regulated in Article 7B paragraph (6).
• The impeachment decision can only be taken at the MPR plenary meeting which is attended by at least three -quarters of the total members, and approved by two -thirds of the members present.
• Before the decision was taken, the president or vice president concerned was given the opportunity to submit a defense before the MPR session, as stated in Article 7B paragraph (7).
From this process it can be concluded that the dismissal of the President and Vice President has indeed become the authority of the MPR, but the mechanism involves the DPR and the Constitutional Court. The DPR acts as the proposer, the Constitutional Court as an alleged violation assessment institution, and the MPR as the final decision maker.
This procedure shows that the impeachment cannot be done haphazardly, but must go through strict stages of law and constitutional constitutional.
Also read: MPR: There is no rapim discipline of the impeachment of the Vice President
Reporter: Sean Anggiatheda Sitorus
Editor: Suryanto
Copyright © between 2025
Tinggalkan Balasan