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MEKANISME PEMAKZULAN PRESIDEN DALAM SISTEM PRESIDENSIAL PERSPEKTIF FIQH IMAMAH (STUDI PERBANDINGAN: PEMAKZULAN PRESIDEN INDONESIA DAN KOREA SELATAN)
The impeachment of a president is one of the constitutional mechanisms in a presidential system of government that serves as a form of oversight of executive power. This mechanism is used to uphold the principle of accountability and prevent the abuse of power by the president in the exercise of his authority. Indonesia and South Korea are countries that both use a presidential system and have a long history of presidential impeachment. Two examples are President Abdurrahman Wahid in Indonesia and President Yoon Suk Yeol in South Korea. Differences in the legal systems, institutional structures, and political dynamics of the two countries show variations in the regulation and implementation of the impeachment mechanism. This study aims to analyze the mechanism of presidential impeachment as seen in the constitutions of Indonesia and South Korea, as well as to examine the similarities and differences in legal and political aspects, and to examine its relevance from the perspective of fiqh imamah. This study uses a normative legal research method with a descriptive-analytical nature. The approaches used include a legislative approach, a comparative law approach, and a conceptual approach. The research data was obtained through a literature study sourced from legislation, the constitution, decisions of state institutions, constitutional law literature, and the thoughts of fiqh siyasah scholars. The theoretical framework used in this study includes the theory of impeachment, the theory of checks and balances, and the concept of fiqh imamah, which emphasizes the principles of trust, justice, and benefit in leadership. The results of the study show that the mechanisms for impeaching the president in Indonesia and South Korea differ in terms of procedures and the institutions with authority. In Indonesia, impeachment involves the House of Representatives, the Constitutional Court, and the People's Consultative Assembly, while in South Korea it involves the National Assembly and the Constitutional Court. However, both mechanisms are carried out through constitutional procedures as a manifestation of the principle of checks and balances. From the perspective of fiqh imamah, the impeachment of the president can be understood as an effort to remove a leader who is no longer able to carry out the mandate of power in accordance with the principles of justice and the welfare of the people.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103070052 Ishfia Roykhana Rahmah
MEKANISME PEMAKZULAN PRESIDEN DALAM SISTEM PRESIDENSIAL PERSPEKTIF FIQH IMAMAH (STUDI PERBANDINGAN: PEMAKZULAN PRESIDEN INDONESIA DAN KOREA SELATAN) (Text)
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