KAJIAN YURIDIS TERHADAP MEKANISME PEMBERHENTIAN ANTAR WAKTU (RECALL) ANGGOTA DPR OLEH PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESI
| Main Authors: | , Zainal Erwinsyah, , Andi Sandi Antonius, T.T., S.H., LL.M |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2012
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/98514/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=55405 |
Daftar Isi:
- There are three objectives to be achieved in this study, namely: first, to find out the norms regulating the mechanism of recalling and the implementation of the mechanism in the state system in Indonesia. Second, to determine the suitability of the recall mechanism prevailing in Indonesia with the spirit embodied in the constitution of Republic Indonesia 1945. Third, to discover the effort to strengthen the accountability of political parties in using the right of recall in the state system of Indonesia. This research is a normative legal research conducted through literature studies and field research through interviews with respondents from institutions related to the research object. This study used three approaches namely: statute approach, case approach, and historical approach. The results of this study were: first, in the level of legislation, recall is an elaboration of the Constitution of Republic Indonesia 1945 article 22B which is poured through the operationalization of Act number 27 of 2009 regarding the MPR, DPR, DPD, and DPRD, and Act number 2 of 2011 Amendments to Act number 2 of 2008 regarding Political Parties. Validity of the recall has also been confirmed through the justification of the judiciary. Second, in the implementation level, the recall mechanism potentially cause problems, especially in terms of accuracy of the dismissal procedure implementation at the political parties level. The emergence of this problem is triggered by the independence of political parties in determining the parameters and procedural mechanisms for doing recalling. Third, political parties need an accountability mechanism to the people (constituents) and to the actors/institutions involved in the process of recalling to anticipate and minimize the occurrence of problematic in the implementation of the recall mechanism. This accountability mechanisms should be regulated in the improvement of regulations related with recall mechanism.