Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)

<Previous Article In Volume
Next Article In Volume>

Urgency of Regulating Presidential Neutrality to Ensure Legal Certainty in Indonesia

Authors
Biantara Albab1, *, Agus Riwanto1, Topo Santoso2
1Faculty of Law, Sebelas Maret University, Surakarta, Indonesia
2Faculty of Law, University of Indonesia, Surakarta, Indonesia
*Corresponding author. Email: biantara.albab@umy.ac.id
Corresponding Author
Biantara Albab
Available Online 29 December 2025.
DOI
10.2991/978-2-38476-519-5_35How to use a DOI?
Keywords
Legal Certainty; Neutrality; Presidential Election
Abstract

The presidential election in Indonesia demands the principle of neutrality; however, there is currently no clear regulation governing the neutrality of the President during elections. The President’s involvement in the electoral process and political affiliations potentially create conflicts of interest and legal uncertainty. This study aims to examine the urgency of legal regulations concerning the President’s neutrality to safeguard electoral integrity and to formulate an ideal regulatory framework to prevent conflicts of interest. The research uses a normative legal method with statutory and conceptual approaches. The findings indicate that there is no clear legal certainty regarding the President’s neutrality in Indonesia’s elections. The President’s lack of neutrality not only violates the oath of office but also contradicts their position as Head of State and Head of Government. Additionally, weaknesses in regulations regarding the President’s campaign leave pose risks to democracy. To establish legal certainty, it is necessary to limit presidential powers, repeal provisions on presidential campaign leave in the Election Law, and enact a Presidential Institution Law that explicitly regulates the President’s neutrality during elections.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 December 2025
ISBN
978-2-38476-519-5
ISSN
2352-5398
DOI
10.2991/978-2-38476-519-5_35How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Biantara Albab
AU  - Agus Riwanto
AU  - Topo Santoso
PY  - 2025
DA  - 2025/12/29
TI  - Urgency of Regulating Presidential Neutrality to Ensure Legal Certainty in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 441
EP  - 456
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_35
DO  - 10.2991/978-2-38476-519-5_35
ID  - Albab2025
ER  -