Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

<Previous Article In Volume
Next Article In Volume>

Implementation of the Concept of Trias Politica in the Government System of the Republic of Indonesia According to the 1945 Basic Act

Authors
Dede Mulyasandi1, *, Ujang Badru Jaman1
1Law Study Program, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: dede.mulyasandi_hk19@nusaputra.ac.id
Corresponding Author
Dede Mulyasandi
Available Online 30 August 2024.
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.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_17How to use a DOI?
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

risenwbib
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  -