MASA JABATAN LEMBAGA LEGISLATIF DI INDONESIA GUNA MENEGAKAN PRINSIP KONSTITUALISME

Abstract

<div>People's representative institutions in the Indonesian constitutional system</div><div>consist of the People's Consultative Assembly (MPR), the People's Representative</div><div>Council (DPR), the Regional Representatives Council (DPD), the Regional</div><div>People's Representative Council (DPRD) both provincial and district/city. As a</div><div>people's representative institution, members of the MPR, DPR, DPD, Provincial</div><div>DPRD and Regency/Municipal elected by the people through general elections.</div><div>General elections are held in a direct, general, free, secret, honest and fair manner</div><div>every five years. The objectives to be achieved in writing this dissertation are to</div><div>analyze and determine the regulation of the tenure of legislative members in the</div><div>constitutionalism system in Indonesia and to analyze and find the concept of the</div><div>term of office of legislative members in Indonesia in order to enforce the</div><div>Constituent Principles.</div><div>This study uses a normative juridical approach that emphasizes library</div><div>research. In this research, the Legislation approach, conceptual approach,</div><div>comparative approach, case approach, historical approach, and philosophical</div><div>approach are used. Types of legal materials used are primary, secondary, and</div><div>tertiary legal materials. The analysis used is qualitative descriptive analysis.</div><div>The results show that the House of Representatives is neededlimitation of</div><div>term of office, because the term of office is the same as the term of office of the</div><div>President as stated in Article 7 of the 1945 Constitution. The limitation of</div><div>periodization is meant by considerations: guaranteeing human rights, avoiding</div><div>arbitrariness of members of the people's representative institutions, creating</div><div>thought innovation institutions in institutions people's representatives. The ideal</div><div>concept of limiting the term of office of the DPR and DPD, it is advisable to revise</div><div>the MD3 Law; second, to propose the concept of limiting the term of office of</div><div>members of the DPR and DPD based on a constitutional democracy perspective, it</div><div>is advisable to revise the addition of paragraphs in Articles 76 and 252 of the MD3</div><div>Law, regarding the affirmation of how many years in office are considered one term</div><div>for both DPR and DPD. It is also necessary to revise Article 76 Paragraph (4) and</div><div>Article 252 Paragraph (5) of the MD3 Law, relating to the concept of limiting the</div><div>term of office to only two terms.</div>