RECALL PARTISIPATIF (PARADIGMA ASAS MUSYAWARAH MUFAKAT DALAM MEKANISME PEMBERHENTIAN ANGGOTA DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA)
Abstract: The Recall rights in
Indonesia is fully given to political parties (Article 213 of Law No. 27 of
2009 on the MPR, DPR, DPD and DPRD and Article 12 letter h Law No. 2 of 2008 on
Political Parties). There are several things that need to be reviewed in
granting the right of recall to political parties: 1) there are no clear parameters
(reasons and interests) implementation of the recall; 2) the mechanism of
recall by the political party system paradigm indicates inconsistency with the
sovereignty of the people that built through general elections; 3) granting the
right of recall to a political party is not the principle of rule of law; 4)
there is a judicial review about recall as evidence of disagreement with the
recall provisions in Indonesia; 5) recall by political parties on the potential
of tyranny and limiting functions of Parliament.
Indonesia is not the state that has sovereignty from the people, but also
embrace the democratic party in constitutional practice. Related with recall
wholly given to political parties, based on the theory, the reality of law, and
the state of society in Indonesia, it is not wise to erase the right of recall
on political parties, but also be very discriminating when it does not involve
the people in a term to control mechanism. Thus, the determination of holding
such rights issues can be resolved if there is harmonization between them
through participatory recall. Participatory recall an idea over legal issues
with using a pre-election strategy, performance monitoring strategy, and the
strategy of repressive measures, to monitoring members of the House of
Representatives since general elections
until the start of the performance period. This process will promote the use of
the principle of consensus agreement.
Penulis: ISWATUL HASANAH
Kode Jurnal: jphukumdd140530
