Vol. 3 No. 1 (2020): Jentera: Jurnal Hukum

Menakar Kohabitasi Perancis Dalam Mekanisme Koalisi Oposisi Pasca Pemilu Serentak 2019

Dri Utari
Fakultas Hukum Universitas Airlangga

Published 2021-01-26


The people's sovereignty in the Presidential election does not make easy for the President to form a zaken cabinet. Political appointment has been often a consequence because of accommodating the Presidential threshold. The power of the President tends to be without control, which is the antithesis of a democratic state. The first formula examines France with its Fifth Republic which seeks to strengthen the President despite the consequences of government cohabitation. This is also subject to analyze the Presidential threshold effect which is expected to bring about the strength of the Presidential system. The second formula unravels the President's authority in the Presidential system in the United States with the nomenclature: enumerated power; implied power; inherent power; or prerogative power. A cabinet that has both competence and integrity is a necessity, related to the prerogative realm of the President.

The first analysis states that the purification of the Presidential system carried out by Indonesia in several Presidential elections still shows cohabitation in government. 20% Presidential threshold weakens the position of President because the President must be able to accommodate the interests of supporting political parties or opposition parties within the framework of a fragile coalition. The second analysis shows that the appointment of ministers who are prerogative or attached to the President still refer to the 1945 Constitution of the Republic of Indonesia as the supreme of the land and the principle of meritocracy.