Indonesia Conference Directory

The doctrine of separation of powers as one of the rule of law principles distributes the state authority among branches, namely the executive, the legislative, and the judiciary. The separation has the purpose to avoid concentration of power to one branch that may lead to the abuse of authority, which in this case gives tendency to the rule of power. The common constitutional power of the executive includes the state administration and the execution and enforcement of laws. This paper examines how the practices of state administration activities such as policy decision-making, execution of power and enforcement activities by the executive branch in Malaysia and Indonesia. It also analyses how the executive branch perfoms the powers in accordance to the rule of law. It mainly focuses on the institutional framework of the head of the government and head of state and the cabinet. The analysis allows for identifications of issues and proposals on the enhancement of the executive branch in both countries that would increase the quality of state administration in as well as promoting the rule of law. The study adopts a qualitative method where the fundamental discussions are based on doctrinal study with content analysis approach on the constitutional provisions, legal cases, circular and directive. The data acquired through doctrinal study is supported by semi-structured interviews with respondents that have been selected through purposive approach. This article concludes that the executive branch plays important roles in promoting the rule of law in both countries. The Constitution, in this case, provides constitutional limitation for the institutional branch of the executive to perform its powers. In the age of rule of law, the executive powers has to be limited. There is no power without limits. The laws has to provide a clear legal direction and reliable mechanism of checks and balances to govern the exercise of the executive powers.