Reconstructing Presidential Legislative Authority: Analyzing the System and Strengthening Modern Democracy

Sari

This study aims to reconstruct the President’s legislative authority within Indonesia’s
constitutional framework by reformulating Article 20 of the 1945 Constitution to
align with the principles of modern presidentialism. The research employs a normative
juridical method using conceptual, statutory, and comparative constitutional
approaches. Comparative analyses are conducted with the presidential systems of the
United States and Brazil to identify an institutional design that ensures an effective
separation of powers and strengthens checks and balances. The findings indicate that
limiting the President’s legislative authority by transferring deliberative functions
entirely to the House of Representatives, while maintaining the President’s role in
budget initiation and administrative assent, establishes a more accountable and
balanced governance system. This model enhances public participation, ensures
legislative transparency, and reinforces democratic legitimacy through the absolute
majority voting principle and automatic approval mechanism. The study suggests that
constitutional amendments should clearly separate executive and legislative powers
and institutionalize public involvement in lawmaking to prevent executive dominance.
Strengthening legislative independence through these reforms will promote a more
participatory and responsive democratic system consistent with the rule of law and the
principles of modern constitutional democracy.