Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia

Research Article

The Ideas of Founding Fathers Choose The Presidential System As The Government System In Indonesia

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  • @INPROCEEDINGS{10.4108/eai.26-9-2020.2302609,
        author={Yusdiyanto  Yusdiyanto},
        title={The Ideas of Founding Fathers Choose The Presidential System As The Government System In Indonesia},
        proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICETLAWBE},
        year={2020},
        month={12},
        keywords={founding fathers presidential system uud 1945},
        doi={10.4108/eai.26-9-2020.2302609}
    }
    
  • Yusdiyanto Yusdiyanto
    Year: 2020
    The Ideas of Founding Fathers Choose The Presidential System As The Government System In Indonesia
    ICETLAWBE
    EAI
    DOI: 10.4108/eai.26-9-2020.2302609
Yusdiyanto Yusdiyanto1,*
  • 1: Constitutional Law Departement, Faculty of Law, Universitas Lampung, Indonesia
*Contact email: yusdiyanto@gmail.com

Abstract

Constitutional experts in Indonesia have explained that in every government structure sometimes adopts a presidential, parliamentary and sometimes mixed system. The government is pushing for amendments to the 1945 Constitution which initially aimed to reduce and rearrange the presidential government system. In practice, the amendment results raise several problems, namely the relationship between the executive and legislature tends to be "tangled", the two parties often do not understand their functions and authorities. This research method uses literature study in the field of constitutionality, with a historical approach and descriptive analytic research specifications. The results show that the Indonesian government system formulated by the founding fathers in the 1945 Constitution is a presidential system, with the following reasons: a) The agreement on a presidential system of government was formed from a process of debate in formulating the 1945 Constitution; b) There is an emphasis on power and responsibility in the hands of the President as head of state and head of government. c) The willingness to run the government can be carried out in a stable manner with the principle of separation of powers, and d) The President is elected based on the principle of deliberation / representation and is accountable to the assembly as the highest holder of the people. sovereignty to limit the power of the President without limitation (dictator).