RECONSTRUCTION THE AUTHORITY OF CONSTITUTIONAL COURT ON IMPEACHMENT PROCESS OF PRESIDENT AND/OR VICE PRESIDENT IN INDONESIAN CONSTITUTIONAL SYSTEM
Abstract: In the process of
impeachment, Constitutional Court has the obligation to give its judgement to
House of Representatives’s opinion regarding allegation of violation by the
President and/or Vice President. Constitutional Court checks and judges House
of Representatives’s opinion on whether or not the President and/or Vice
President works fulfill Article 7A of Constitution of Republic Indonesia 1945
(UUD NRI 1945). The inspection done by Constitutional Court is the judicial
process whose decision is in the form of justisil. The result of this
impeachment process heavily depends on the judgement of People's Consultative
Assembly in its plenary meeting which is also a politics forum, where President
and/or Vice President could be dismissed or not. Constitutional Court’s
judgement does not apply to People's Consultative Assembly, hence, the
difference of Constitutional Court and People's Consultative Assembly’s judgement
in plenary meeting that is very political by its nature is very likely to
happen. Involvement of Constitutional Court in the procss of impeachment is, of
course, different in each country. It depends on governance system in that
particular country, it also relies on how much authority that is given by
Constitution to Constitutional Court in the process of impeachment itself.
Author: Hezron Sabar Rotua
Tinambunan
Journal Code: jphukumgg160034
