PEMBERHETIAN PRESIDEN DAN/ATAU WAKIL PRESIDEN SEBAGAI AKIBAT MELAKUKAN PERBUATAN TERCELA

Abstract

The implementation of an elected government system indirectly has implications for the mechanism for dismissing the head of government. Indonesia, which adopts a presidential system of government, as do other countries that adopt a presidential system of government, has an impeachment mechanism. The constitution regulates that there are situations where the President and/or Vice President can be dismissed, namely if they are proven to have committed a violation of the law in the form of treason against the state, corruption, bribery, other serious crimes, or disgraceful acts or if they are proven to no longer meet the requirements as President and/or Vice President. Of these mistakes, disgraceful acts do not have clear limits, to what extent a President and/or Vice President can be declared to have committed disgraceful acts so that they are worthy of being impeached. However, the norm of this disgraceful act is found in Law Number 23 of 2003 concerning the Constitutional Court that disgraceful acts are acts that degrade the dignity of the president and/or vice president. The norm that regulates the limits of disgraceful acts is not sufficiently regulated in a law but must be regulated in the norms of the constitution.