The Dynamics of the Presidential Impeachment: A Comparative Study Between Indonesia and South Korea

Abstract

Presidential impeachment is a constitutional mechanism that functions as an instrument of supervision against the abuse of executive power in the presidential system. Although it is expressly regulated in the constitution, its application often faces complex legal and political dynamics. This study aims to analyze the concept and dynamics of presidential impeachment in general, as well as compare its regulation and application in Indonesia and South Korea. The formulation of the problem includes: (1) how the concept and dynamics of presidential impeachment in the presidential system in general; and (2) how to compare the implementation of the presidential impeachment mechanism in the two countries, including legal issues in the form of vagueness of norms that affect legal certainty and legitimacy of the constitutional process. The research method used is normative juridical with a legislative, conceptual, and comparative approach, through the study of constitutional documents, laws, decisions of constitutional institutions, and related academic literature. The results show that both countries have an impeachment mechanism as a constitutional control, but South Korea has more judicial procedures and clearer norms, while Indonesia still faces the potential for politicization due to the ambiguity of norms. In conclusion, strengthening constitutional judicial institutions and clarity of legal norms is needed to increase the legitimacy and effectiveness of the impeachment mechanism in Indonesia.