Impeachment Process of the President and/or Vice President in the Government System of Indonesia, the United States and Germany

Authors

  • Agus Prasetia Wiranto Universitas Islam Sultan Agung Author

Keywords:

Impeachment, President, Vice President, Indonesia, United States, Germany, Democracy, Rule of Law

Abstract

The impeachment process against the President and/or Vice President is an important constitutional mechanism in the system of government of a democratic country. In Indonesia, this process is regulated in the 1945 Constitution which involves the House of Representatives (DPR), the Constitutional Court (MK), and the People's Consultative Assembly (MPR). This process aims to ensure that there is a mechanism to supervise the abuse of authority carried out by the executive. On the other hand, the United States and Germany have different impeachment mechanisms, each with a legal and procedural basis that is well established in their constitutions. In the United States, the impeachment process begins in the House of Representatives and ends with a trial in the Senate. Meanwhile, in Germany, which adopts a parliamentary system, impeachment is more juridical with the role of the Federal Constitutional Court (Bundesverfassungsgericht) which decides on the dismissal of the President if proven to have violated the basic law. This study aims to compare the impeachment process in Indonesia, the United States, and Germany, as well as to analyze the application of this mechanism in the context of democracy and the rule of law.

References

Asshiddiqie, Jimly. (2018). Indonesian Constitution and Constitutionalism. Jakarta: Sinar Grafika.

Asshiddiqie, Jimly. (2019). Constitutional Law and the Pillars of Democracy. Jakarta: Sinar Grafika.

Asshiddiqie, Jimly. (2019). Comparison of the Constitutions of Countries in the World. Jakarta: Constitution Press.

Huda, Ni'matul. (2015). Indonesian Constitutional Law. Jakarta: RajaGrafindo Persada. Huda, Ni'matul. (2020). Comparison of the Constitutional System: A Study of Indonesia,

the United States, and European Countries. Jakarta: Rajawali Press.

Kusnardi, Moh., & Ibrahim, Harmaily. (2018). Introduction to Indonesian Constitutional

Law. Jakarta: Sinar Grafika.

Lijphart, Arend. (2020). Presidential and Parliamentary Government System: A Comparative Study. Translation by Tri Wibowo. Jakarta: Rajawali Press. Manan, Bagir. (2018). Presidential Institutions in the Governance Systems of Various

Countries. Bandung: Alumni.

Manan, Bagir. (2018). Constitutional Theory and Politics. Bandung: FH UII Press. Soerjono Soekanto & Sri Mamudji. (2019). Normative Law Research: A Brief Review.

Jakarta: Rajawali Press.

Journal

Arliman, Laurensius. (2020). "Presidential Impeachment in the Indonesian Constitutional Law Perspective." Indonesian Journal of Legislation, 17(3).

Arliman, Laurensius. (2020). "Presidential Impeachment in a Comparative Perspective of the Constitutional System." Indonesian Journal of Legislation, 17(4), 377–392.

Fitrah, Rahmat. (2020). "The Authority of the Constitutional Court in the Impeachment Process of the President and/or Vice President in Indonesia." Journal of Law Ius Quia Iustum, 27(2), 275–294.

Huda, Ni'matul. (2018). "Comparison of the Government System of Indonesia, the United States, and Germany." Journal of Constitution, 15(4), 711–730.

Puspitasari, Rini. (2020). "The German System of Government in the Perspective of Constitutional Law." Journal of Right Vinding, 9(2), 233–247.

Siregar, Dian. (2019). "The Position of the Federal President in the German Constitutional System." Journal of Law and Development, 49(3), 401–418.

Susanti, Dyah Ochtorina. (2018). "The State of Law and Democracy in the Perspective of the Indonesian Constitution." Constitutional Journal, 15(2), 25.

Susanti, Ratna. (2018). "The United States Presidential System of Government: An Analysis of the Impeachment Mechanism." Journal of Law and State, 5(1), 45– 60.

Widodo, Joko. (2019). "The Impeachment Mechanism in the United States Constitutional System and Its Relevance to Indonesia." Journal of Constitution, 16(2), 355–372. Yuliandri. (2020). "The Position of the Constitutional Court in the Process of Impeachment of the President and/or Vice President in Indonesia." Journal of

Justice, 9(2), 177–190.

Yunanto, Sri. (2020). "The Role of the Constitutional Court in the Impeachment Process

of the President and/or Vice President." Indonesian Journal of Legislation, 17(2), 145–160.

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Published

2026-03-04

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Articles