Comparison of the Authority to Temporarily Suspend the President and Vice President in Impeachment: Indonesia Vs South Korea

Abstract

The temporary suspension of the President in an impeachment process is a crucial constitutional issue in maintaining the integrity of the legal process and the stability of the government. Indonesia and South Korea, although both adhere to the presidential system, have fundamental differences in the regulation and implementation of this mechanism. This study aims to analyze and compare the mechanisms and authorities of state institutions in the temporary suspension of the President during the impeachment process in both countries. The formulation of the problem in this study is how the mechanism of the temporary suspension of the President and how the distribution of the authority of state institutions in the process in Indonesia and South Korea. This research uses normative juridical method with statutory and conceptual approaches. The results of the discussion show that South Korea explicitly regulates the temporary suspension of the President since the impeachment motion is passed by the National Assembly. In contrast, Indonesia does not have an explicit provision in the 1945 Constitution of the Republic of Indonesia regarding this matter, thus potentially creating a norm vacuum and legal uncertainty. Therefore, the Constitutional Court is proposed as the ideal institution to determine the temporary suspension of the President in Indonesia through an interlocutory decision in order to maintain the principle of checks and balances in the constitutional system