Journal of Constitutional and Governance Studies

Transformation of Ministerial Performance Evaluation: Integrating Key Performance Indicators and Principles of Transparency into the Governance System

Muhamad Saleh, Retno Widiastuti — Wed, 19 Nov 2025 00:00:00 +0000

Presidentialism system emphasizes that president possess the authority to appoint and dismiss ministers, as stipulated in Article 17 of the 1945 Constitution of the Republic of Indonesia and the Law on State Ministries. However, this authority is often perceived as an absolute prerogative, lacking a clear mechanism for accountability. In a democratic system, the president’s power must inherently carry public responsibility, including in the appointment and dismissal of ministers. This study aims to analyze the problems in evaluating ministerial performance in Indonesia and how the integration of Key Performance Indicators (KPI) with the principle of public transparency can strengthen the accountability of ministerial governance. Currently, performance evaluation is conducted through the Government Agency Performance Accountability System (SAKIP), which relies heavily on internal reports from each ministry and lacks transparency and standardization. As a result, the evaluation process tends to be administrative, closed, subjective, limiting the public’s ability to assess ministerial performance comprehensively. Using a normative legal research method with statutory and conceptual approaches, this study focuses on integrating an objective, standardized, and transparent performance evaluation system. The findings emphasize the need for a comprehensive ministerial performance index grounded in public openness. The index as an objective basis for presidential decisions, including cabinet reshuffles, and enable public oversight. This study recommends the formulation of a specific regulation, such as a Presidential Regulation, to govern the standardized and transparent evaluation model, coordinated by the Cabinet Secretariat. Integrating KPIs and the principle of transparency will foster a more accountable, responsive, and democratic government.

Institutional Redesign to Strengthen the Presidential System and Government Effectiveness in Indonesia

M. Mustofah Bisri — Wed, 19 Nov 2025 00:00:00 +0000

The presidential system of government in Indonesia faces various challenges, particularly the fragmentation of power between the executive and legislative branches, which hampers the effectiveness of public policy implementation. This study aims to analyze the legal challenges confronting the presidential system and explore how institutional redesign can strengthen the checks and balances mechanism between these branches. The research method employed is qualitative, utilizing a literature study approach, where data is collected from various sources, including books, scientific journals, and official documents. The findings indicate that the existing power imbalance complicates the president's ability to implement government programs effectively, often leading to policy stagnation and inefficiency. Proposed institutional redesigns include clarifying the president's authority, reducing dependence on the House of Representatives (DPR) for approvals, and simplifying the structure of the presidential institution to enhance operational efficiency. The discussion emphasizes the importance of inter-institutional coordination and structured institutional reform to achieve greater government stability and effectiveness. By addressing these critical issues, the proposed reforms aim to create a more responsive and accountable government that prioritizes national interests. Ultimately, this study concludes that appropriate institutional reforms can significantly strengthen the presidential system and improve governance in Indonesia, ensuring adherence to democratic principles and enhancing public trust in government institutions.

Legal Politics and Presidential Lawmaking: Balancing Powers to Realize State Objectives

Agnes Fitryantica, Rizki Rahayu Fitri — Wed, 03 Dec 2025 00:00:00 +0000

Legal politics plays a pivotal role in the formation of legislation proposed by the President in Indonesia, particularly in aligning lawmaking with the constitutional goals of the state. As the highest executive authority, the President functions not only as an implementer of laws but also as an initiator of legal reforms aimed at addressing pressing societal needs. This study investigates the extent to which legal politics influences presidential legislative initiatives and how such initiatives contribute to realizing the state’s goals within the framework of the rule of law and democratic governance. Utilizing a qualitative and normative legal research approach, this paper examines the interaction between political interests, legal authority, and legislative responsiveness. The study finds that inclusive and participatory legal politics is essential for ensuring that legislation is democratic, transparent, and responsive to public aspirations. It highlights the importance of aligning presidential legislative initiatives with the principles of legal accountability, public participation, and institutional balance. Moreover, the research underscores the need to bridge the gap between presidential visions and practical law enforcement, particularly concerning the effectiveness of laws in recovering state losses and achieving justice. Ultimately, strengthening checks and balances in the legislative process initiated by the President is crucial for preserving the integrity of Indonesia’s legal system and upholding democratic values.

Institutionalizing Indonesia’s Indigenous Legal Purpose “Pengayoman” As the Presidential Institution’s Guiding Principle

Theo Negoro — Wed, 03 Dec 2025 00:00:00 +0000

This article examines the contemporary relevance and constitutional positioning of the indigenous legal principle of pengayoman as a normative foundation for strengthening the Indonesian presidency in the post-Reformasi era. Focusing specifically on the President’s constitutional powers—namely the oath and mandate under Article 9, the clemency and amnesty mechanisms under Article 14, and the human rights guarantees under Articles 28A–28J—the study analyzes how pengayoman operates as a protective function embedded within these provisions. Using a juridical-conceptual approach complemented by a socio-legal perspective, the research reconstructs the genealogy of pengayoman from Soepomo’s integralistic state philosophy and Sahardjo’s 1960 Banyan Tree emblem and evaluates its normative relevance within Indonesia’s current separation-of-powers framework. The analysis demonstrates that although constitutional amendments have redistributed authority and strengthened checks and balances, the President’s protective mandate remains inherent and legally traceable within explicit constitutional norms. However, the absence of a statutory instrument systematically regulating the presidential institution has caused pengayoman to persist only symbolically rather than operationally. To address this gap, the article proposes two concrete mechanisms for incorporation into a forthcoming Presidential Institution Act: (1) codifying the President’s protective function through clear obligations to uphold human rights, ensure proportional use of clemency and amnesty powers, and issue periodic protection-oriented governance reports; and (2) embedding pengayoman as a guiding principle in the Act’s general provisions to bind presidential discretion to constitutional accountability. These recommendations aim to transform pengayoman from a cultural-historical value into a functional normative standard for democratic executive governance.