A NORMATIVE LEGAL ANALYSIS OF THE SEPARATION OF POWERS IN THE STATE BASED ON THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA FOLLOWING THE AMENDMENTS

Abstract

The separation of powers is a fundamental principle of Indonesia’s constitutional system, as enshrined in the 1945 Constitution of the Republic of Indonesia. This study aims to conduct a normative legal analysis of the changes in the structure and mechanisms of the separation of powers before and after the amendments to the 1945 Constitution, as well as their implications for strengthening the principle of checks and balances. This study employs a normative legal methodology using legislative, historical and conceptual approaches. Legal data was collected through a literature review of primary, secondary and tertiary legal sources. The analysis of legal materials was conducted qualitatively through systematic, historical and comparative interpretation of the provisions of the 1945 Constitution before and after the amendments. The results of the research indicate that the amendments to the 1945 Constitution have restructured the separation of powers from a model of institutional supremacy to a more balanced distribution of power through the strengthening of state institutions and oversight mechanisms. The novelty of this research lies in its integrative analysis of normative changes and practical implications within Indonesia’s constitutional system. This research contributes to enriching the study of constitutional law regarding the dynamics of the separation of powers within the framework of a democratic constitutional state.