THE AUTHORITY OF POLITICAL PARTIES IN RECALLING MEMBERS OF THE HOUSE OF REPRESENTATIVES WHO ARE SUSPECTED OF COMMITTING CRIMINAL ACTS

Abstract

The recall arrangement reappeared in Law Number 22 of 2003 concerning the Composition and Position of the MPR, DPR and DPRD. In Article 85 subsection (1) it is affirmed that members of the House of Representatives stop between times because: a. death; b. resign as a member at his own request in writing; and c. proposed by the political party concerned. Recall is defined as the process of recalling a member of a representative institution to be dismissed and replaced with another member before the end of the term of office of the withdrawn member. From this understanding, it can be seen that the Recall mechanism is the prerogative of political parties.

Meanwhile, in Law Number 2 of 2011 concerning amendments to Law Number 2 of 2008 concerning Political Parties, it is stipulated in Article 12 that political party members who are members of a people's representative institution can be terminated from membership from a people's representative institution if: a. declare to resign from the membership of the political party concerned or declare to be a member of another political party; b. dismissed from membership of the political party concerned for violating AD and ART; or c. committed a violation of the laws and regulations that caused the person concerned to be dismissed.