Faculty of Law UI




Counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups.
Checks and balances was the system added to the separation of powers to make sure on group doesn't become more powerful than the others.
This means each branch observes the other groups and what they are currently doing so that they don't have more power over what the others are doing.
A system that allows each branch of a government to amend or veto acts of another branch so as to prevent any one branch from exerting too much power
Faculty of Law UI



It was John Locke who came up with the idea about the necessity to divide state power into
3 (three) functions namely (1) Legislative, (2)
Executive, and (3) Federative.
Based on John Locke’s idea, Montesquieu in his book published in 1748,
power into 3 (three) branches, namely (1) legislative,
(2) executive and (3) judicial powers.
Faculty of Law UI




To prevent one branch from becoming supreme,
To protect the "opulent minority" from the majority, and
To induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches



The term ‘separation of powers’ is misleading
Powerholders are separated between different institutions
But many powers are shared between institutions
Better description:
‘Separated institutions sharing powers’ (Richard
Neustadt, 1960)
Faculty of Law UI

Faculty of Law UI

Faculty of Law UI

Faculty of Law UI




In the context of Indonesian state administration system following the amendments to the
Constitution in 1999 -2002, the concept of separation of powers is applied by referring to the following principles:
First, the legislative, executive and judicial powers have different functions, namely to make laws, to implement laws and to administer courts in order to enforce laws and justice, respectively.
Second, it is not allowed to hold concurrent positions in those three branches of power.
Faculty of Law UI




in the implementation of their respective functions.
branches have equal positions with coordinative function rather than subordinative function.
(Moh. Mahfud MD)
Faculty of Law UI

BEFORE AMANDMENT UUD 1945
MPR
BPK DPR PRESIDEN DPA MA
Faculty of Law UI

UUD 1945 kpu
BPK bank sentral
Presiden/
Wakil
Presiden
Kementerian
Negara dewan pertimbangan
TNI/POLRI
DPR
PERWAKILAN BPK
PROVINSI
PEMDA PROVINSI
KPD DPRD
PEMDA KAB/KOTA
KPD DPRD
MPR DPD
MA badan-badan lain yang fungsinya ber kaitan dengan kekuasaan kehakiman
MK
KY
PUSAT
Lingkungan
Peradilan
Umum
Agama
Militer
DAERAH
TUN
Faculty of Law UI





Each institution:
◦ Has separate membership
◦ Is chosen by a different method
◦ Is chosen for a different length of time
In 2008No person can serve in two institutions at the same time
Obama and Biden were members of the
Senate when they were elected to the presidency and vice presidency
On election to the executive branch, their seats in the Senate became vacant
Faculty of Law UI

Faculty of Law UI

Art. 7C
Art. 24A par (3)
Art. 24A par (3)
Legislative
Branch
Art. 23F par (1)
Art. 5 par (1)
Art. 20 par (1), (2), etc
Art. 11 par (2)
Art. 13 par (2), and (3)
Judicial
Branch
Executive
Branch
Art. 7B par (1), (2), ect
Art. 24C par 2
Faculty of Law UI






Art. 23F par (1)
Art. 5 par (1)
Art. 20 par (1), (2), etc
Art. 11 par (2)
Art. 13 par (2), and (3)
Faculty of Law UI



Art. 7B par (1), (2), ect
Art. 24C par 2
Faculty of Law UI




Art. 7C
Art. 24A par (3)
Art. 24A par (3)
Faculty of Law UI


Art. 14?
Faculty of Law UI