MEASURING THE THEORY OF STATE POWER IN THE PERIODIZATION OF THE OFFICE OF THE PRESIDENT OF INDONESIA ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

Abstract

The theory of state power is a foundation in understanding the dynamics of government, especially in the context of presidential term limits in Indonesia. The 1945 Constitution of the Republic of Indonesia regulates the limitation of presidential power, including the term of office, to prevent authoritarianism and ensure democratic principles. However, constitutional practice shows complexity in its implementation, especially regarding the meaning of executive power, checks and balances, and the potential for abuse of authority. Therefore, examining the theory of state power in presidential periodization is important to evaluate the consistency of the constitution with political practice in Indonesia. Objectives: This study aims to analyze the theory of state power in the context of presidential term limits under the 1945 Constitution, examine the legal and political implications of term limits, and evaluate the effectiveness of constitutional control mechanisms over presidential power. Methods: This research uses a qualitative method with a juridical-normative approach. Data were obtained through a literature study of constitutional texts, laws and regulations, decisions of the Constitutional Court, as well as theoretical studies of the thoughts of Locke, Montesquieu, and modern theories of power. Analysis is done descriptively- critically to compare normative aspects with Indonesian constitutional practice. Results: The results show that the 1945 Constitution has limited presidential power through term limits (maximum two terms) to prevent concentration of power. However, in practice, there are challenges such as the potential expansion of political influence beyond the term of office, unclear post-presidential oversight mechanisms, and flexibility in constitutional interpretation. This study recommends strengthening the system of checks and balances and legal reforms to ensure presidential powers remain in line with the spirit of the constitution.