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All Journal Ius Comparatum: Journal of Law Studies
Suluganwata Sihombing
Universitas Pembangunan Nasional Veteran Jakarta

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The Role of Parliament in Emergency Powers: A Comparative Study of Indonesia and the United Kingdom Alif Andika; Suluganwata Sihombing; Christian Joseph Silaban
Journal of Ius Comparatum Law Studies Vol 2 No 1 (2026): January-April (Constitutionalism and Emergency Powers: A Comparative Study of Leg
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/icjls.v2i1.14843

Abstract

Abstract: This research examines parliament's role in supervising executive emergency powers, comparing Indonesia’s presidential system with the United Kingdom’s parliamentary model. Grounded in debates on emergency constitutional law and parliamentary sovereignty, this normative legal research uses a comparative approach to analyse constitutional frameworks and legislative structures. Data were collected through a comprehensive literature review of secondary materials, including relevant emergency statutes. The findings show that Indonesia relies on a codified model in which the President has unilateral authority to issue Perpu based on subjective urgency, delaying DPR scrutiny to a retrospective stage. Conversely, the UK operates under parliamentary supremacy, utilising the Civil Contingencies Act 2004 and fast-track legislation to enforce immediate ex-ante oversight. In conclusion, the structural differences show that a presidential system with a dominant executive coalition carries a higher risk of turning legislative oversight into a symbolic rubber stamp during crises. Keywords: Parliament, Executive. Emergency Power
Co-Authors Alif Andika Christian Joseph Silaban