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)
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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