Redesain Pengisian Kekosongan Jabatan Wakil Presiden Menurut Konstitusi

Abstract

The regulation of the period for filling the vacant position of Vice President as stipulated in Article 8 paragraph (2) of the 1945 Constitution of the Republic of Indonesia (Constitution) only governs the duration of People’s Consultative Assembly (MPR) sessions. Nonetheless, it does not govern the appointment of the elected Vice President. Therefore, it left problems in the effectiveness and efficiency of electing the Vice President. This research focused on two issues, the practice of filling the Vice President’s vacant position in Indonesia and its ideal concept in Indonesia. This research applies normative legal research method with a comparative approach to provisions related to the Vice President’s vacant position in several countries. In the end, the conclusion shows two findings. First, after the amendment to the Constitution, a mechanism for filling the vacant position of Vice President has been regulated, supported by two factors, Vice President is a constitutional position, also because of the effectiveness and efficiency of the elections through the MPR. Second, Article 8 paragraph (2) of the Constitution needs to be revised by requiring one candidate, limiting the period for the Vice President’s election to seven days, as well as amending MPR’s authority to approve and fill the position of interim Vice President.