Fiat Justisia (Apr 2023)
Reinstating the National Guidelines of State Policy within Indonesia's Presidential System: Exploring the Possibilities
Abstract
Placing the National Guidelines of State Policy (GBHN or PPHN) developed by the People's Consultative Assembly (MPR) as a guiding framework for the President could elevate the MPR above the President, a model practiced in Indonesia from 1945 to 1999. This paper analyzes the fundamental characteristics of a presidential system and assesses the compatibility of PPHN within this framework, proposing a model for codifying PPHN into laws and regulations that align with Indonesia's presidential system. It concludes that the essence of a presidential system lies in the separation of the legislature and executive, which prevents any accountability mechanism that subordinates the President to the legislature. While PPHN can be reinstated within a presidential system, it must not create accountability mechanisms placing the President under the MPR. The most relevant approach is to incorporate PPHN as a law replacing the RPJPN Law, while also establishing checks and balances through the budgetary rights of the House of Representatives.
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