Abstract

Abstract The opposition is an essential element in constitutional democracy, functioning to maintain the balance of power (checks and balances), protecting the political rights of minorities, and strengthening government accountability. In Indonesia, the constitution and laws and regulations do not explicitly regulate the existence and position of the opposition, thus creating an asymmetry of power between the executive and legislative branches. This study uses a juridical-normative method with a legislative, conceptual, and comparative legal approach to the institutional practices of the opposition in India, Germany, and South Africa. The research findings indicate that formal recognition of the opposition contributes significantly to the effectiveness of the legislative oversight function and the strengthening of substantive democracy. Based on normative and comparative analysis, this article recommends a limited amendment to the 1945 Constitution of the Republic of Indonesia or the establishment of a special law that regulates the definition, rights, and obligations of the opposition within the framework of the Indonesian presidential system.

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