EKSISTENSI HAK RECALL PARTAI POLITIK TERHADAP ANGGOTA DEWAN PERWAKILAN RAKYAT DI INDONESIA

Ilyas Satria Agung, NIM.: 24203011031 (2026) EKSISTENSI HAK RECALL PARTAI POLITIK TERHADAP ANGGOTA DEWAN PERWAKILAN RAKYAT DI INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Regulations regarding the right to recall members of the House of Representatives (DPR) in Indonesia continue to place political parties as the primary authority in the Interim Replacement (PAW) mechanism. These provisions are set forth in Law No. 17 of 2014 on the People’s Consultative Assembly (MPR), the House of Representatives (DPR), the Regional Representatives Council (DPD), and Regional People’s Representative Councils (DPRD); Law No. 7 of 2017 on General Elections; and Law No. 2 of 2011 on Political Parties, which grant political parties the right to propose the removal of DPR members. The recall mechanism is more frequently used as an instrument of internal oversight and control within political parties rather than as a mechanism for political accountability to the people as the grantors of the mandate. This situation has the potential to create a conflict with the principle of popular sovereignty as affirmed in Article 1, paragraph (2) of the 1945 Constitution. Based on these issues, this study aims to critically examine the existence of the right of recall from the perspective of popular sovereignty and to formulate a framework for the right of recall from the perspective of Siyāsah Dustūriyyah. This study employs a normative legal research method, applying both the statutory approach and the conceptual approach. Research data were obtained through a literature review drawing on primary and secondary legal sources. Subsequently, all data were analyzed using qualitative descriptive methods, specifically content analysis, to examine, interpret, and draw conclusions regarding the legal issues under study. The research findings indicate that: First, the mechanism for recalling members of the House of Representatives (DPR) in Indonesia still positions political parties as the dominant party, as stipulated in Article 239 of the MD3 Law, thus reflecting “party recall” rather than “constituent recall.” This situation does not yet fully reflect the principle of popular sovereignty because constituents, as the grantors of the mandate, do not yet have sufficient say in the process of revoking that mandate; consequently, there is a risk that the accountability of DPR members may shift from the people to political parties. The right of recall remains necessary as an instrument of oversight and accountability for DPR members. Second, the recall mechanism from a constitutional perspective is not intended to eliminate the authority of political parties, but rather to establish a balanced distribution of authority: political parties initiate the recall process, legal mechanisms conduct the review, and the people determine the revocation of the mandate through a vote. This formula is considered to better reflect the sovereignty of the people and is capable of realizing the public interest in the form of political oversight and accountability, while simultaneously preventing harm in the form of abuse of authority, domination by party elites, and disregard for the will of the people.

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