Ajudikasi : Jurnal Ilmu Hukum
Vol. 10 No. 1 (2026): Ajudikasi : Jurnal Ilmu Hukum (on Process)

Presidential Prerogative Powers in the Judicial Sphere: A Review of Legal Politics in Applying the Separation of Powers

Fuqoha Fuqoha (Universitas Serang Raya)
Hasuri Hasuri (Universitas Serang Raya)
Rivani Arif Rezeki (Universitas Serang Raya)
Silfi Barten (Universitas Serang Raya)



Article Info

Publish Date
29 Jun 2026

Abstract

The President’s authority in the judicial sphere serves as a constitutional link between the executive and judicial branches in Indonesia. Article 14 of the 1945 Constitution of the Republic of Indonesia grants the President the powers to grant pardons, rehabilitation, amnesty, and to abolish sentences. This arrangement demonstrates that Indonesia’s separation of powers is defined by division and delegation, rather than by absolute separation. This study examines the legal policy regulating the President’s prerogative powers in the judicial sphere and investigates the implementation of the trias politica in relation to the rule of law, judicial independence, and constraints on authority. The research utilizes a qualitative, normative legal methodology, including literature review and legislative analysis. The findings show that, while the Constitution distributes power among the executive, legislative, and judicial branches, the President retains constitutionally mandated authority within the judicial domain. Judicial independence is preserved, ensuring autonomy in judicial functions. The President must exercise prerogative powers in the judicial sphere in accordance with constitutional principles and with consideration of input from the legislative and judicial branches. Legal policy may influence judicial power if the boundaries of authority within the separation of powers are not clearly defined.

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Journal Info

Abbrev

ajudikasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi ...