Mimbar Keadilan
Vol. 19 No. 2 (2026): Agustus 2026

Expanding Power or Constitutional Violation? The DPR’s Authority to Evaluate State Officials under Checks and Balances

Haikal Wisnu Saputra (Universitas 17 Agustus 1945 Surabaya, Indonesia)
Daksh Daksh (Kurukshetra University, India)



Article Info

Publish Date
01 Aug 2026

Abstract

This study aims to examine the Rules of Procedure of the Indonesian House of Representatives (DPR) concerning the authority to evaluate state officials within the framework of the checks-and-balances principle. This research employs a normative legal method using statutory and conceptual approaches. The primary focus is the legal basis for the DPR’s evaluative authority viewed through the existing constitutional principles of checks and balances. The findings indicate that the legal basis for the DPR’s authority to evaluate state officials creates legal uncertainty, thereby generating the potential for abuse of power and inconsistency with the checks-and-balances model embodied in the 1945 Constitution of the Republic of Indonesia (UUD 1945). Under Article 228A of the DPR Rules of Procedure of 2025, the DPR is permitted to conduct periodic evaluations of candidates who have been confirmed in a plenary session. Such regulation grants an authority that may threaten the independence of state institutions and rests on a weak legal foundation, as it does not fall within the recognized hierarchy of legislation and exceeds the DPR’s internal regulatory scope. Moreover, this norm poses risks to the balance among branches of state power, endangers the independence of public officials, and creates potential horizontal conflicts and legal uncertainty.

Copyrights © 2026






Journal Info

Abbrev

mimbarkeadilan

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is ...