International Journal of Social Science And Human Research ISSN(print): 2644-0679, ISSN(online): 2644-0695 Volume 06 Issue 01 January 2023 DOI: 10.47191/ijsshr/v6-i1-07, Impact factor- 5.871 Page No: 46-51 IJSSHR, Volume 06 Issue 01 January 2023 www.ijsshr.in Page 46 Impeachment in Indonesia's Democracy System Wihellmina Quein 1 , Riko Pambudi 2 , Fitri Rohmadhanita 3 , Bagus Ramadi 4 1,2,3,4 Faculty of Law, University of Lampung, Bandar Lampung, Indonesia ABSTRACT: Process of termination that results in the Impeachment of a person involved in a crime or misconduct can also be used against a president or vice president who violates the law or the constitution while in office. Therefore, it is important to understand the impeachment process of the president both before and after the amendments to the 1945 Constitution. In addition, it is important to understand whether the impeachment process in Indonesia that can remove the president from office is a legal process and is carried out in accordance with the rule of law, or whether the law is only as a power trap for state politics. This investigation is a normative legal investigation. One tool that states can use to maintain checks and balances between the legislature and the executive is the impeachment process. Impeachment is not just a political process but also a legal process. Impeachment allows for the smooth running of democracy and provides legal clarity, thereby fostering political stability. KEYWORDS: Impeachment; Democracy system I. INTRODUCTION In the Indonesian dictionary Impeachment means to step down from the throne; dismiss from office; put down his (own) position as king; stop being king. The word impeachment or impeachment is not used in the sound of Article 7A and 7B of the 1945 Constitution, instead preferring the words "dismissed" or "dismissal". Impeachment or dismissal itself can have different meanings in a region. Depending on the country, impeachment may be seen as a legal procedure resulting in the removal or resignation of the president, or may simply be a formal impeachment similar to that used in criminal prosecutions, where impeachment is not part of the legal process. [1] The principles of impeachment can also vary from country to country and can vary widely. Debates about the interpretation of the reasons for impeachment will also affect the impeachment process itself or can become an exploratory discourse on theory development from an academic standpoint. This is what gives rise to research and provides new perspectives on the impeachment phenomenon that occurs in a country. [2] Reasons The President and/or Vice President in Indonesia can be dismissed during their term of office by the People's Consultative Assembly on the recommendation of the People's Representative Council, if they are proven to have violated the law in the form of treason against the state, corruption, bribery, other serious crimes, or disgraceful acts or if it is proven that he no longer fulfills the requirements as President and/or Vice President as stipulated in Article 7A of the 1945 Constitution while the mechanism for dismissing the President and/or Vice President is regulated in Article 7B of the 1945 Constitution where the dismissal of the President and/or Vice President is carried out by 3 (three) ) state institutions, namely the House of Representatives, Constitutional Court, and people's consultative assembly, each of which has different powers. According to Law No. 24/2003 the reasons for Impeachment are detailed in Article 10 paragraph (3) of the Law, namely: treason against the state is a crime against state security as stipulated in the law; Corruption and bribery are criminal acts of corruption or bribery as stipulated in the law; Other serious crimes are crimes punishable by imprisonment for 5 (five) years or more; A disgraceful act is an act that can humiliate the President and/or Vice President. The impeachment trial is a political trial, so there are no known fines or imprisonment. However, after being impeached, a state official can be tried again in a general court with the prosecution process starting from the beginning according to the charges against him. Impeachment is one of the powers possessed by the legislature as a form of control over the actions of all public officials entrusted by the public in carrying out their duties and obligations. If a public official commits a serious violation regulated in the constitution or positive law, then the impeachment process can be initiated against the person concerned and that person can be dismissed from office. The emphasis on impeachment research is more on the mechanism for dismissing the president / vice president before and after the amendment to the 1945 Constitution as research conducted by Fatkhurohman and Miftachus Shujhad (2010). In essence, the impeachment mechanism after the amendment to the 1945 Constitution, the institution involved is the House of Representatives as the proposer, while the Indonesian Constitutional Court acts as the evidentiary party