IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PRESIDENSIL PADA MASA SEBELUM DAN SESUDAH AMANDEMEN UNDANG-UNDANG DASAR 1945

Abstract

Impeachment is a process of charges filed by the legislative branch of a government against
a civilian official. Legally the term impeachment is applied only to charges. In common usage, it
includes trials of defendants conducted by the higher branch of the legislature.
This research will examine the main issues according to the scope and identification of
problems through a normative juridical approach. Based on normative research methods, the data
sources used in this research are secondary data sources which consist of 3 legal materials,
namely: primary legal materials, secondary legal materials, and tertiary legal materials. Data
collected from literature studies.
After the Amendment to the 1945 Constitution, the mechanism for dismissing the President
in Indonesia is far more complicated than before. Starting from the institutions involved and the
process that must be passed is very different from before the 1945 Constitution was changed.
Under normal circumstances, it is very difficult to remove or impeach the President and/or Vice
President. Whereas it is true that the procedure for dismissing the President and/or Vice President
during their term of office has been provided for in the 1945 Constitution. It's just that to be able to
do so requires a political and legal process that is quite long and tortuous. From the point of view
of the involvement of state organs and the regulation of the impeachment mechanism in the 1945
Constitution, there is still room for struggle between politics and law. Given that the position of
authority to dismiss the President and/or Vice President rests with the MPR but involves the
Constitutional Court in it.

Keywords: Impeachment - President and Vice President - Presidency - Amendment to the 1945

Constitution