KAJIAN YURIDIS PERIODESASI MASA JABATAN PRESIDEN REPUBLIK INDONESIA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA 1945

Abstract

Abstract

Limiting the presidential term of office is an important instrument in a democratic state system that aims to prevent the concentration of power and ensure the constitutional circulation of leadership. This study aims to analyze the dynamics of the regulation of the presidential term of office in Indonesia and assess its compliance with the principles of democracy and constitutionalism. The research method used is normative legal research with a statute approach and a conceptual approach. The results show that before the amendment to the 1945 Constitution, the provisions regarding the presidential term of office did not provide a clear limit, thus opening the opportunity for the concentration of power as seen during the administrations of Sukarno and Suharto. Constitutional reform through the amendment of Article 7 of the 1945 Constitution, which limits the term of office of the president and vice president to two terms, is an important step in strengthening democracy, constitutional supremacy, and the mechanism of checks and balances. This limitation also reflects the principle of accountability and popular sovereignty through a periodic and democratic transfer of power. However, the emergence of discourse on extending the presidential term of office indicates that the implementation of the principle of limiting power still faces political challenges. Therefore, a commitment from all elements of the nation is needed to maintain consistent implementation of constitutional provisions to ensure the sustainability of democracy and the rule of law in Indonesia.

Keywords: Presidential Term, Democracy, Constitutionalism, Limitations on Power.