Implementation of the Concept of Trias Politica in the Government System of the Republic of Indonesia According to the 1945 Basic Act
- DOI
- 10.2991/978-2-38476-279-8_17How to use a DOI?
- Keywords
- Implementation; Trias Politica; System of Government of the Republic of Indonesia and the 1945 Constitution
- Abstract
The division of government power aims to prevent the concentration of power in a single institution, which can lead to arbitrariness, and to ensure that all citizens receive their rights. One key concept in power sharing is the trias politica, which divides state government powers into three types: Legislative, Executive, and Judiciary. Legislative power is the authority to make laws, Executive power is the authority to enforce laws, and Judicial power is the authority to uphold laws and administer justice. In Indonesia, the trias politica concept is implemented according to the constitution, evident in the separation of legislative, executive, and judicial powers. Despite this division, achieving the goals of the Indonesian state requires cooperation among these branches to allow for mutual exercise of powers. Although regulated by the 1945 Constitution, additional regulations are necessary to limit and further define these powers to prevent arbitrariness. The research employs a statutory and conceptual approach, utilizing secondary data. This data is analyzed using qualitative normative methods, involving the examination of legal norms, doctrines, and theories. The conclusions are drawn inductively from the analyzed data.
- Copyright
- © 2024 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Dede Mulyasandi AU - Ujang Badru Jaman PY - 2024 DA - 2024/08/30 TI - Implementation of the Concept of Trias Politica in the Government System of the Republic of Indonesia According to the 1945 Basic Act BT - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023) PB - Atlantis Press SP - 138 EP - 146 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-279-8_17 DO - 10.2991/978-2-38476-279-8_17 ID - Mulyasandi2024 ER -