Presidential Impeachment Procedure in Indonesian Constitutional Law

 

Impeachment of the President is a constitutional mechanism that serves as a form of checks and balances on executive power within a democratic system of governance. In Indonesia, this procedure is systematically regulated under the 1945 Constitution of the Republic of Indonesia (UUD 1945), particularly after the third amendment. However, unlike some countries that adopt a pure presidential system, the impeachment mechanism in Indonesia carries unique characteristics and challenges.

Legal Basis for Presidential Impeachment in Indonesia

The procedures for impeaching the President and/or Vice President are governed by:

• Articles 7A and 7B of the 1945 Constitution (UUD 1945)
• Rules of Procedure of the House of Representatives (DPR) and the People’s Consultative Assembly (MPR)

Article 7A of the 1945 Constitution states:

“The President and/or Vice President may be dismissed during their term of office by the People’s Consultative Assembly on the recommendation of the House of Representatives, if they are proven to have committed a legal violation in the form of treason against the state, corruption, bribery, other serious criminal offenses, or disgraceful acts, and/or if they are proven to no longer meet the qualifications as President and/or Vice President.”

 

Stages of the Presidential Impeachment Procedure

1. Proposal by the House of Representatives (DPR)
   The process begins with the DPR, which must gather strong evidence that the President or Vice President has committed one of the violations specified in Article 7A. This step requires:
• Approval by two-thirds of DPR members present at a plenary session, with a quorum of two-thirds of the total DPR membership in attendance.
2. Request for Opinion from the Constitutional Court (MK)
   Once the proposal is approved, the DPR submits a request to the Constitutional Court (Mahkamah Konstitusi or MK) to assess whether the President has indeed committed the alleged violations. At this stage, the MK acts as an independent judicial body tasked with objectively examining the evidence and arguments.
3. Decision by the Constitutional Court
   If the MK concludes that the President is guilty of serious legal violations or no longer meets the qualifications as head of state, the process moves to the next stage.
4. Plenary Session of the People’s Consultative Assembly (MPR)
   The MPR then holds a plenary session to decide on the dismissal of the President or Vice President. This decision must be made within 30 days of receiving the MK’s ruling, with at least three-quarters of MPR members in attendance and two-thirds of those present voting in favor of the dismissal.

 

Criticism and Challenges of the Impeachment Procedure in Indonesia

1. High Political Thresholds
   The procedure sets very high political requirements from both the DPR and the MPR. While this acts as a safeguard for government stability, it also makes impeachment difficult—even when there is strong suspicion of misconduct.
2. Institutional Independence
   Although the MK is legally independent, in political practice, concerns persist over potential political interference or conflicts of interest—especially if MK justices have affiliations with certain political factions.
3. Ambiguity of the Term “Disgraceful Acts”
   The Constitution does not clearly define the term “disgraceful acts,” which opens the door to subjective interpretations. This ambiguity can be exploited for political purposes, rather than upholding legal and constitutional integrity.
4. Historical Context of Impeachment in Indonesia
   Since the reform era, no Indonesian President has been successfully impeached through this constitutional process. The case of President Soeharto in 1998 involved a resignation amid public pressure, not a formal impeachment under the Constitution.

 

Comparison with Other Countries

Country	Main Mechanism	Unique/Critical Points
United States	Vote in the House of Representatives, trial in Senate	More political; no role for Constitutional Court
South Korea	Involves the Constitutional Court	Similar to Indonesia but more efficient
Philippines	Through Congress and the Supreme Court	More judicial in nature compared to Indonesia

 

Conclusion

The Indonesian presidential impeachment procedure is a hybrid of legal and political processes, aimed at balancing governmental stability with leadership accountability. However, the high political thresholds and ambiguous constitutional norms risk undermining the oversight function.

To strengthen Indonesia's democracy, the following steps are recommended:

• Clarify or revise articles with multiple interpretations in the Constitution.
• Ensure transparency and accountability at every stage of the impeachment process.
• Promote constitutional literacy among the public, enabling citizens to become active participants—not merely passive observers—in the constitutional system.

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Learn about the presidential impeachment process in Indonesia as outlined in the 1945 Constitution. This article critically and comprehensively explores the legal stages, political challenges, and international comparisons.

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