| Summary: | The Republic of Indonesia Constitution of 1945 arranged People�s
Consultative Assembly supremacy system. As a high state institution, the
Assembly has a high position of all other state institution. Then, this position
changed followed the Amendment of The Republic of Indonesia Constitution of
1945. Now, according to The Republic of Indonesia Constitution of 1945
(amendment), People�s Consultative Assembly position is in the same degree with
another state institution like the House of Representative (DPR), President,
Supreme Court (MA), and another state institution.
Although its position has changed, as representative institution, the People�s
Consultative Assembly still has power to dismiss or not president and/or vice
president. That power sharing is seen not be integrated with the cohesiveness
consideration of parliament system will be chosen. That is can be seen on absence
of practice of checks and balances concept between representative institution like
there is no role played by Regional Representative Council (DPD).
That power grant gives People�s Consultative Assembly opportunity to
break of law. Because, People�s Consultative Assembly can ignore Verdict of
Constitutional Court that confirming indictment of the House of Representative
concerning either when president and/or vice president proven guilty of violating
the law by betrayal of the state, of corruption, of bribery, of any other felony, or
because of disgraceful behavior, as well as when proven no longer to fulfill the
conditions as president and/ or vice president. It is clear that scheme not
compatible with presidential system that emphasizes just law reasoning to
impeach president and/or vice president. Mechanism of presidential impeachment
will be appeared to be aligned with the idea presidential system of government if
we only observe the early process of impeachment that have been using reasoning
of law. But if we observe all of process of impeachment, so mechanism of
presidential impeachment isn�t yet in accordance with this concept, because
distribution role in presidential impeachment proceedings isn�t yet in accordance
with check and balance concept between states organs that is �core� of
presidential system.
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