Indonesian Separation of Powers, Checks and Balances Presidential System


Indonesian separation of powers basically can be divided into 3 main branches; executive, legislative, and judicial. This is the best decision to give diverse powers to each branch and make checks and balances toward its presidential system. It points to ensure everything is under control.

The 3 branches need to work together to create a great government. The implementation of a democratic system can be seen in its constitution. The emergence of these 3 branches is prevention to avoid the reappearance of corruption, collusion, and nepotism that fertility wormed in New Order (Orde Baru).

The highest executive power in Indonesia belongs to the president and vice-president who are elected by the general election. In the presidential constitution, they have a huge responsibility to be both the head of government and state. However, the president has an exclusive right to choose minister heading departments aside his aides.


Based on the Indonesian separation of powers, the President and all his staff in the Office of the President are the centers of the executive branch. The power has to manage national affairs and the relation with other foreign nations. Specifically, it consists of President, vice-president, and all the cabinet members.

Along with its duty to be the head of state and government, the president also has a responsibility to be the Commander-in-Chief for the armed forces. Thus, the president not only represents Indonesia at official events but also acts to the highest administrative leader.

In Indonesia, the president is elected every 5 years. It has been started since 2004 to hold a direct vote by all of Indonesian. The first and newest amendment limits the president to a maximum of 2 terms of office, ratified on November 19, 1999.

Indonesian separation of powers
Indonesian separation of powers


The second Indonesian separation of powers is legislative that implies the House of Representatives (Dewan Perwakilan Rakyat) and Senate (Dewan Perwakilan Daerah). Like the presidential election, members are officially chosen through the general election every 5 years. The main power of DPR is to legislate and make decisions about lawmaking. Besides, it also has budgeting authority and conducts interpellation.

Meanwhile, DPD is like the Indonesian version of the Senate that weaker than the parliamentary counterpart but can act independently. It bears authorities to prepare bills and make recommendations to regional autonomy issues, merger regions, balances in every aspect between central and regional, and other management.

Some of the DPR and DPD congregate an institution named People’s Consultative Assembly (Majelis Permusyawaratan Rakyat). The members are from the chosen candidate of DPRD and DPD. As a separate entity, it has the authority to amend the 1945 Constitution, appoint the president’s position, and others.

Indonesian separation of powers
Indonesian separation of powers


To make the presidential system work balanced, Indonesia has the 3rd branch that works independently. The judicial branch consists of both the Supreme Court (Mahkamah Agung) and the Constitutional Court. The main authority is to conduct judicial reviews through the laws.

Mahkamah Agung is the highest judicial institution for all matters and issues to be resolved. It prevails as the final court in Indonesia, to every criminal case, , religious, civil, military and state administrative, and the others. It has a special card named cassation appeal that can reexamination of these lower courts’ decisions.

The amendment will continuously hold to make sure the checks and balances can be appointed. It indicates how people live and Indonesia and how well the protection of human rights. The 3 branch of Indonesian separation of powers has its own part to make all the constitutional system better.

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