No Wapres, No Problem

Resilience

A constitution is not only written for times when everything goes according to plan.

It must also be able to respond when a leader resigns, institutions face vacancies, or decisions need to be made in unanticipated circumstances.

Here, three issues need to be distinguished.

The continuity of governance relates to the state's ability to exercise executive functions.

Succession security pertains to certainty about who legitimately replaces the leader.

While constitutional resilience indicates the overall system's capability to handle disruptions without losing its foundational authority.

All three are interconnected, but do not always possess the same level of resilience.

Indonesia can still have a functioning government when the vice presidential position is vacant.

However, the situation becomes more complicated if that vacancy is followed by circumstances whereby the President can no longer fulfill his duties.

Unlike a minister, whose replacement can be determined through presidential authority, the vice president is in a succession structure directly outlined by the 1945 Constitution.

This vacancy touches on issues larger than mere cabinet job distribution.

Indeed, Article 8, paragraph (2) provides a mechanism for filling the vice presidential vacancy. The MPR must conduct an election within sixty days from the two candidates proposed by the President.

This regulation indicates that the constitution anticipates vacancies but does not design them as permanent states.

In other words, the constitution allows the state to endure a vacancy but also mandates that it be resolved.

Triumvirate

What if worse circumstances actually occur?

The framers of the 1945 Constitution have provided extraordinary mechanisms through Article 8, paragraph (3).

If both the President and Vice President simultaneously die, resign, are dismissed, or are unable to fulfill their duties, the presidency is executed jointly by the Minister of Foreign Affairs, Minister of Home Affairs, and Minister of Defense.

These three are known as the triumvirate.

This choice is not without meaning. Foreign relations, domestic governance, and defense are crucial fields for the nation’s continuity when national leadership faces emergencies.

The minutes of the amendments to the 1945 Constitution show that this mechanism emerged through discussions of constitutional amendments in 2002.

The final choice places the three ministers as acting presidential leaders, not as definitive Presidents.

Their authority is also limited. Within a maximum of thirty days, the MPR must hold elections for President and Vice President based on constitutional mechanisms.

However, this formulation raises complex questions.

What if the Vice President resigns first, then the President dies or becomes unable to perform duties?

Article 8, paragraph (3) uses the phrase "simultaneously."

Does "simultaneously" refer to the timing of events, or does it relate to the circumstances in which both positions are ultimately unable to function?

From a textual interpretation standpoint, this phrase should not be overlooked.

However, from a constitutional purpose perspective, it is also difficult to accept the possibility of leaving the state without an acting presidency simply because two events occur at different times.

The issue is not merely about choosing between a literal reading of the text or prioritizing the constitution's intent.

Each interpretation must explain the basis of authority, its application limits, and the consequences for governmental legitimacy.

The minutes of the amendments to the 1945 Constitution confirm the option of a triumvirate mechanism.

However, this does not automatically resolve all potential disputes regarding sequential vacancies.

Therefore, the triumvirate should not be viewed as an automatic answer to every situation.

It serves as an emergency safeguard, not a regular substitute for the vice presidential position.

Legitimacy

Succession issues concern not only who executes power but also where that authority derives its legitimacy.

The President and Vice President are elected as a pair through a general election.