Analysis of the Dynamics of the Mechanism of Limitation of Executive Power in Southeast Asia Between Indonesia and Thailand

Abstract

The dynamics of constitutionalism and the limitation of executive power in Indonesia and Thailand are in a phase where executive power is on the path of absolute Constitutionalism plays a fundamental role in limiting state power and ensuring that government authority operates within ethical, legal, and democratic limits. Indonesia and Thailand offer examples of contrasting constitutional developments in Southeast Asia. After the 1998 Reformasi era, Indonesia succeeded in strengthening the checks and balances mechanism through the establishment of the Constitutional Court, decentralization reform, and the empowerment of independent supervisory bodies. By using a normative-empirical qualitative approach. Constitutionalism as the foundation of democracy in Southeast Asia is tested through a comparison of formal institutional design with real political practice. Indonesia after the 1998 Reform built a strong framework of checks and balances through the amendment of the 1945 Constitution and the establishment of the Constitutional Court. Its effectiveness is hampered by executive dominance and informal practices. Thailand shows an illiberal trajectory of constitutionalism marked by repeated military interventions, the constitution is used to legitimize authoritarianism, making formal institutions lose autonomy. The result is that the success of power limits does not depend solely on institutional design, but rather on a consistent political commitment to uphold the law in the midst of pressure from informal forces. Synthesize the existing scientific literature and identify critical research gaps related to the study of constitutionalism in both countries. First, there is still a scarcity of long-term empirical and quantitative studies examining the effectiveness of constitutional restrictions on executive, legislative, and judicial power. Second, current research has not sufficiently examined informal political practices, including patronage networks, the influence of oligarchs, and the military camp in state institutions, comparative constitutional studies of which are still limited. The study examined the existing scientific literature and identified critical research gaps related to the study of constitutionalism in both countries, The findings of this review highlight the need for more in-depth interdisciplinary research, which integrates political science, legal studies, and institutional analysis to better understand the development of constitutionalism in Southeast Asia.