TINJAUAN YURIDIS TENTANG KEKOSONGAN KEKUASAAN PEMERINTAH DALAM PERSPEKTIF KETATANEGARAAN REPUBLIK INDONESIA

Abstract

This study aims to determine whether the laws and regulations have been effective in overcoming the vacuum of government power, and what anticipatory steps Indonesia can take to overcome the vacuum of government power. This study uses a normative juridical research method. The results of the research and discussion show that the existing laws and regulations in Indonesia have not been effective in overcoming the vacuum of government power, because in the provisions of Article 8 Paragraph (3) of the 1945 Constitution, it shows that the People's Consultative Assembly has the authority to elect the President and Vice President in the event of a vacancy. the power of the government, this provision injures the value of people's sovereignty in the previous provision, namely Article 1 Paragraph (2), so that the system of separation of powers based on the principle of checks and balances becomes unclear. Therefore, the government needs to abolish or change these provisions and the provisions of other relevant laws and regulations, as well as consider the implementation of the safety protocol for survivors in the executive government system of the Republic of Indonesia.