Strengthen the Legislative Branch

Oct 13, 2025 by talynt.org 120 views

The Application of the Trias Politica Concept in Indonesia Based on the Perspective of the 1945 Constitution after the Amendment

Introduction

The concept of trias politics, which divides state power into three branches, namely the legislative (lawmaker), executive (implementing law), and judiciary (judiciary), is a fundamental principle in the governance of many countries. This concept aims to create balance and prevent the abuse of power by separating the three branches of government. Indonesia, as a country that adheres to the concept of trias politics, has chosen to apply the concept of power division instead of power separation. This is stated in the 1945 Constitution, which regulates the position and authority of each state institution.

The Concept of Trias Politics in Indonesia

The concept of trias politics is based on the idea that power should be divided among three branches of government to prevent any one branch from becoming too powerful. This concept is designed to create a system of checks and balances, where each branch of government has the power to limit the actions of the other two branches. In Indonesia, the 1945 Constitution has implemented a system of power division, where the legislative, executive, and judiciary branches of government have distinct roles and responsibilities.

The 1945 Constitution and the Supremacy of the MPR

The 1945 Constitution is the foundation of the Indonesian constitutional system. It regulates the position and authority of each state institution and provides a framework for the governance of the country. The Constitution also establishes the supremacy of the People's Consultative Assembly (MPR), which is the highest legislative body in Indonesia. However, the amendments to the Constitution conducted in 1999-2002 brought significant changes to the Indonesian constitutional system. One of the most prominent changes is the shift in the supremacy of the MPR to the people. This shows that the 1945 Constitution as the basis of the Indonesian constitution must remain respected and become a guide in running the wheels of government.

The Presidential System and Presidential Power

The presidential system adopted by Indonesia places the President as Head of State and Head of Government. This gives the President a greater degree of authority in the decision-making process and policy implementation. However, it is essential to remember that the President's authority is not absolute and remains bound by the 1945 Constitution. The President's role is to implement the laws and policies passed by the legislative branch, while also serving as the head of state.

Challenges of Applying Trias Politics in Indonesia

Although the 1945 Constitution has regulated the system of distribution of power and checks and balances, the application of the concept of politics trias in Indonesia still faces various challenges. Some of the challenges include:

Executive Dominance: The strength of the President in the presidential system and centralized government structure can cause executive dominance over the legislative and judiciary institutions.
Political Intervention: Political intervention of judicial institutions can hamper the process of law enforcement and threaten the independence of the judicial institution.
Lack of Accountability: Low transparency and accountability in decision-making and management of state finances can trigger corruption and injustice.

Conclusion

The concept of trias politics adopted by Indonesia through the distribution of power and the checks and balances systems is an essential pillar in the constitutional system. The 1945 Constitution as the foundation of the constitution became a guide in running the government. However, efforts need to be made to overcome the challenges in the application of the concept of trias politics to create better, just, and authoritative governance.

Recommendations

To overcome the challenges in the application of the concept of trias politics, the following recommendations can be made:

Strengthen the Legislative Branch: The legislative branch should be strengthened to ensure that it can effectively check the power of the executive branch.
Improve Transparency and Accountability: Transparency and accountability in decision-making and management of state finances should be improved to prevent corruption and injustice.
Protect the Independence of the Judicial Institution: The independence of the judicial institution should be protected to ensure that it can effectively check the power of the executive branch.

Future Research Directions

Future research directions on the application of the concept of trias politics in Indonesia can include:

An in-depth analysis of the impact of the 1945 Constitution on the governance of Indonesia
An examination of the challenges faced by the application of the concept of trias politics in Indonesia
An analysis of the effectiveness of the checks and balances systems in Indonesia

By understanding the concept of trias politics and its application in Indonesia, policymakers and scholars can work together to create a more just and authoritative governance system.
Frequently Asked Questions (FAQs) on the Application of the Trias Politica Concept in Indonesia

Q: What is the concept of trias politics?

A: The concept of trias politics is a system of government where power is divided among three branches: the legislative, executive, and judiciary. This division of power aims to prevent any one branch from becoming too powerful and to create a system of checks and balances.

Q: How does the 1945 Constitution regulate the concept of trias politics in Indonesia?

A: The 1945 Constitution regulates the concept of trias politics in Indonesia by dividing power among the legislative, executive, and judiciary branches of government. The Constitution also establishes the supremacy of the People's Consultative Assembly (MPR) and provides a framework for the governance of the country.

Q: What are the challenges faced by the application of the concept of trias politics in Indonesia?

A: The challenges faced by the application of the concept of trias politics in Indonesia include executive dominance, political intervention, and lack of accountability. These challenges can lead to corruption, injustice, and the erosion of the rule of law.

Q: How can the challenges faced by the application of the concept of trias politics in Indonesia be overcome?

A: The challenges faced by the application of the concept of trias politics in Indonesia can be overcome by strengthening the legislative branch, improving transparency and accountability, and protecting the independence of the judicial institution.

Q: What is the role of the President in the presidential system adopted by Indonesia?

A: The President in the presidential system adopted by Indonesia serves as both the Head of State and the Head of Government. The President has a significant degree of authority in the decision-making process and policy implementation, but is still bound by the 1945 Constitution.

Q: How does the concept of trias politics ensure accountability in government?

A: The concept of trias politics ensures accountability in government by providing a system of checks and balances. Each branch of government has the power to limit the actions of the other two branches, preventing any one branch from becoming too powerful.

Q: What is the significance of the 1945 Constitution in the governance of Indonesia?

A: The 1945 Constitution is the foundation of the Indonesian constitutional system and provides a framework for the governance of the country. The Constitution regulates the position and authority of each state institution and ensures that power is divided among the legislative, executive, and judiciary branches of government.

Q: How can the concept of trias politics be applied in other countries?

A: The concept of trias politics can be applied in other countries by dividing power among the legislative, executive, and judiciary branches of government. This division of power can help to prevent the concentration of power and ensure that each branch of government has a role in checking the actions of the other two branches.

Q: What are the benefits of the concept of trias politics?

A: The benefits of the concept of trias politics include:

Prevention of the concentration of power: The concept of trias politics prevents any one branch of government from becoming too powerful.
Ensuring accountability: The concept of trias politics ensures that each branch of government is accountable to the other two branches.
Promoting democracy: The concept of trias politics promotes democracy by ensuring that power is divided among the legislative, executive, and judiciary branches of government.

Q: What are the limitations of the concept of trias politics?

A: The limitations of the concept of trias politics include:

Complexity: The concept of trias politics can be complex and difficult to implement.
Conflicting interests: The concept of trias politics can lead to conflicting interests between the legislative, executive, and judiciary branches of government.
Inefficiency: The concept of trias politics can lead to inefficiency and delay in decision-making.