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RECALL OF HOUSE OF REPRESENTATIVES MEMBERS IN THE DYNAMIC ADMINISTRATION SYSTEM OF REPUBLIC OF INDONESIA (A Comparative Study on the Discharging System of Parliament Members in United States of America, Australia, and Philippine)

By 19.43.00 , , ,

House of Representatives is one of the high state institutions in Indonesian state administration system. It represents the popular sovereignty and democracy practices as mandated on the 1945 Constitution of Indonesian Republic. With democracy as its basic principle, a representative of the House of Parliament is elected with a general election. However, in fact, the recall authority used by the political parties has frequently interfered the principal of popular sovereignty because it only puts political parties’ sovereignty as the main priority. This recall practice will potentially accentuate the political elite interests and transactions. Arrangements recall in the constitutional practice of Indonesia there are dynamics.

This study aimed at (1) investigating  the recall practice and regulation in the House of Representatives of Indonesia, (2)  identifying the recall regulation of parliament members in the state administration systems of USA, Australia, and Philippine and (3) formulating the suggested recall regulation for Indonesia’s House of Representatives members. This study employed a normative legal approach with historical, comparative, systematic, and conceptual approaches.

The result showed that the recall regulation and practice established in New Order to Reformation era had shown up and down. In the New Order era, the regulation of recall had been clearly stated on the law  Number 10, 1966 concerning on the position of Provisional People’s Consultative Assembly (MPRS) and Gotong Royong House of Representatives (DPR-GR) before the public election. In the Reformation era, recall practice had once dismissed from the state administration system of Indonesia as stated on the laws Number 4, 1999 concerning on  the structure and positions of the People’s Consultative Assembly (MPR), House of Representatives (DPR), and Regional House of Representatives (DPRD). However, when democracy consolidation stage was started, the recall regulation reappeared and stated on the law Number 27, 2009 concerning on the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD) and Regional House of Representatives (DPRD).

Furthermore, on the perspective comparative constitutional law of USA, Australia, and Philippine, recall was not used for discharging parliament members. Unlike Indonesia, the discharging mechanisms in those countries do not involve political parties in the recall’s procedures. In other words, the appropriate formula for recall regulation of House of Representatives members in Indonesia is administered by giving recall as the electors’ right rather than political parties’.

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