PENGARUH IMUNITAS JABATAN LEMBAGA EKSEKUTIF DAN FUNGSI PENGAWASAN LEGISLATIF TERHADAP EFEKTIVITAS MEKANISME PEMAKZULAN SISTEM KETATANEGARAN INDONESIA DALAM PRESPEKTIF NEGARA HUKUM

Abstract

This study examines the relationship between executive immunity and legislative oversight in the context of the impeachment mechanism in the Indonesian constitutional system. A constitutional dilemma arises between the need to ensure government stability through immunity and the importance of accountability of state officials based on the principle of checks and balances in a democratic state. This study aims to analyze the balance between the protection of the Presidential/Vice Presidential office through immunity and the constitutional accountability mechanism in the Indonesian constitutional system. This study uses a normative legal approach with four analytical methods: legislation, historical, conceptual, and case to gain a comprehensive understanding of the dynamics of immunity and the impeachment process. The study found that the immunity of the President/Vice President in Indonesia is limited and procedural. The effectiveness of the impeachment mechanism is greatly influenced by the political dynamics in the House of Representatives (DPR) and the level of independence of the Constitutional Court. The legislative oversight function plays a crucial role in preventing moral hazard in government and ensuring the upholding of the rule of law in the impeachment process.