STUDI PERBANDINGAN PENGATURAN PEMBERHENTIAN PRESIDEN DAN ATAU WAKIL PRESIDEN ANTARA INDONESIA DENGAN INDIA ATAS PERBUATAN TERCELA

Abstract

In the constitutional system, there is an institution called impeachment. Many
parties understand that impeachment is the downfall, cessation, or dismissal of
the President or high-ranking officials from office. In fact, the meaning of
impeachment itself is an accusation or indictment so that impeachment focuses
more on the process and does not necessarily end with the cessation or removal
of the President and other high-ranking state officials from office. Each country
that has adopted the provisions on impeachment regulates these matters
differently, in accordance with the arrangements in the constitution. In Indonesia,
there are grounds for impeachment of the President, one of which is misconduct,
where there is still no clarity regarding the regulation of misconduct both in the
1945 Constitution and other laws. Misconduct as a reason for impeachment of
the President in Indonesia is still multi-interpreted, making it a rubber article
that can be "played" by the House of Representatives. Therefore, it is necessary
to have a comparative country to find a clear arrangement regarding the reasons
for misconduct as a reason for impeachment of the President, in this case, India
is the comparative country.
This research is normative legal research. It is based on library research
that takes quotations from reading books or supporting books related to the
problem under study. This research uses secondary data sources consisting of
primary, secondary, and tertiary legal materials. This research also uses
qualitative data analysis and produces descriptive data.
From the results of the research and discussion conducted, it is necessary to
have certainty regarding the regulation of criteria or standardization of
misconduct to be used as a reason for impeachment of the President in Indonesia,
so that the reason for misconduct cannot be used as a rubber article that can be
"played" by the House of Representatives. There is also a need for a more
efficient dismissal mechanism so that it does not take too long.
Keywords: President; Impeachment; reprehensible deeds