Checks and Balances

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Definitions
 Counterbalancing influences by which an
organization or system is regulated, typically those
ensuring that political power is not concentrated in
the hands of individuals or groups.
 Checks and balances was the system added to the
separation of powers to make sure on group doesn't
become more powerful than the others. This means
each branch observes the other groups and what they
are currently doing so that they don't have more
power over what the others are doing. 
  A system that allows each branch of a government to
amend or veto acts of another branch so as to
prevent any one branch from exerting too much
power
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Separation of Power
 It was John Locke who came up with the idea
about the necessity to divide state power into
3 (three) functions namely (1) Legislative, (2)
Executive, and (3) Federative.
 Based on John Locke’s idea, Montesquieu in

his book published in 1748, “L’Esprit des

Lois” (The Spirit of Laws), divided state power
into 3 (three) branches, namely (1) legislative,
(2) executive and (3) judicial powers.

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Checks and Balances
 To prevent one branch from
becoming supreme,
 To protect the "opulent
minority" from the majority,
and
 To induce the branches to
cooperate, government
systems that employ a
separation of powers need
a way to balance each of
the branches
 The term ‘separation of
powers’ is misleading
 Powerholders are separated
between different
institutions
 But many powers are
shared between institutions
Better description:
‘Separated institutions
sharing powers’ (Richard
Neustadt, 1960)
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Checks and Balances Mechanism

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Checks and Balances Mechanism

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Reformation 1998
 In the context of Indonesian state administration
system following the amendments to the
Constitution in 1999 -2002, the concept of
separation of powers is applied by referring to
the following principles:
 First, the legislative, executive and judicial

powers have different functions, namely to make

laws, to implement laws and to administer courts
in order to enforce laws and justice, respectively.
 Second, it is not allowed to hold concurrent

positions in those three branches of power.

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Reformation 1998
 Third, none of these institutions can
intervene in the implementation of their
respective functions.
 Fourth, the principle of checks and balances

prevails among the branches of power.

 Fifth, the branches have equal positions with

coordinative function rather than

subordinative function.
(Moh. Mahfud MD)

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 AMANDMENT UUD 1945
BEFORE AMANDMENT UUD 1945
MPR

BPK DPR PRESIDEN DPA MA

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AFTER AMANDMENT UUD 1945

UUD 1945

Presiden/
BPK Wakil
DPR MPR DPD MA MK
Presiden
KY
kpu bank Kementerian badan-badan
Negara
sentral lain yang
fungsinya ber
dewan kaitan dengan
pertimbangan kekuasaan
kehakiman
PUSAT
TNI/POLRI

PERWAKILAN BPK PEMDA PROVINSI

PROVINSI
Lingkungan
Peradilan DAERAH
KPD DPRD
Umum
PEMDA KAB/KOTA Agama
Militer
KPD DPRD TUN

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Separation of powers
 Each institution:
◦ Has separate membership
◦ Is chosen by a different method
◦ Is chosen for a different length of time
 In 2008No person can serve in two institutions
at the same time
 Obama and Biden were members of the Senate
when they were elected to the presidency and
vice presidency
 On election to the executive branch, their seats
in the Senate became vacant

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 Legislativ
e Branch Art. 23F par (1)
Art. 7C Art. 5 par (1)
Art. 24A par (3) Art. 20 par (1), (2), etc
Art. 24A par (3) Art. 11 par (2)
Judicial
Branch
Art. 13 par (2), and (3)

Executiv
e Branch

Art. 7B par (1), (2), ect

Art. 24C par 2
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Legislative and Executive
 Art. 23F par (1)
 Art. 5 par (1)
 Art. 20 par (1), (2), etc
 Art. 11 par (2)
 Art. 13 par (2), and (3)

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Judicial and Executive
 Art. 7B par (1), (2), ect
 Art. 24C par 2

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Judicial and Legislative
 Art. 7C
 Art. 24A par (3)
 Art. 24A par (3)

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 Art. 14?

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