MEMBATASI KEWENANGAN MEMBENTUK PERATURAN PERUNDANG-UNDANGAN PRESIDEN: STUDI PERBANDINGAN NEGARA AMERIKA SERIKAT

LIMITING THE AUTHORITY TO FORM PRESIDENTIAL LEGISLATION: A COMPARATIVE STUDY OF THE UNITED STATES

Abstract

This study examines the limitation of the President’s legislative authority within Indonesia’s presidential system. Using a normative legal approach through conceptual, statutory, and comparative analysis, the research highlights the President’s dominant role in lawmaking with the House of Representatives, including the power to issue Laws, Government Regulations in Lieu of Law (Perppu), Government Regulations, and Presidential Regulations. This dominance risks weakening the separation of powers and leading to a hyper-presidential system. By comparison, the United States’ presidential model grants full legislative authority to Congress, while the President is limited to administrative powers through executive orders. This study recommends reducing the Indonesian President’s legislative authority, restricting it to implementing regulations, thereby promoting a purer and more balanced presidential system. Learning from the U.S. practice may strengthen Indonesia’s constitutional framework by reinforcing the boundaries between legislative and executive powers. Ultimately, this reform aims to restore the function of each branch in accordance with the principle of checks and balances.