Dismissal of President in Indonesian State Administration System

The experience of indonesia’s statehood has gone through a fairly long phase. starting after theindependence on august 17, 1945, indonesia immediately ratified the 1945 constitution (uud 1945) onaugust 18, 1945. considering the transition from colonialism, the indonesian state administration systemwas not yet stable. soekarno was appointed as a president at that time. the constitution had experiencedsome changes (provisional constitution of 1949 and provisional constitution of 1950) and with thepresidential decree of july 5, 1959, the 1945 constitution was re-enacted. interestingly, the articles of the1945 constitution do not explicitly regulate the dismissal of the president. however, it is regulated in theelucidation of the 1945 constitution and that is implicit in the form of the authority of the house ofrepresentatives (dpr) asking the people's consultative assembly (mpr) to hold a special session tohold the president accountable if he is considered violating the state’s course. it is not confirmed what thesanctions are, it is only interpreted by the mpr decree that president can be dismissed. then there wasreformation in 1998 by making some changes to the 1945 constitution four times (in 1999, 2000, 2001and 2002) and it is confirmed in article 7 of the 1945 constitution (post-amendment) the president couldbe dismissed if proven to have violated the law and must go through an inspection mechanism in theconstitutional court before the special session of the mpr. this paper aims to compare the dismissal ofpresident procedures in pre- and post-reform and a description of the challenges ahead in the presidentdismissal procedures.