Abstract
The purpose of this study is to analyze the recalling system of legislative members in Indonesia that does not reflect the value of Pancasila justice; as well as obstacles and solutions to the recalling of legislative members in Indonesia that fulfill a sense of justice and Pancasila values. The research method used is an empirical juridical approach. Research conclusions is the recalling system for legislative members in Indonesia has not reflected the value of Pancasila justice, especially the four principles of Pancasila, namely democracy led by wisdom/deliberation, and eliminating the election system based on Open Proportionality, where constituents do not choose parties but elect candidates. Obstacles in recalling legislative members in Indonesia restrain legislative members from voicing their opinions and their efforts to fulfill the demands of their constituents and their nation, and make legislators no longer become representatives of the people but merely party officials. Recalling members of the legislature should be returned to the sovereignty of the people through the General Election Commission which determines and determines the elected legislative member, whether an elected legislative member can be recalled by his party or not, and as a form of people's sovereignty, regulations should be made regarding terms, conditions and procedures of people from the electoral area of elected legislative members to be able to recall the legislative members who are representing them to the General Election Commission, and if there is a dispute between the people recalling the recalled members or their political parties, the dispute can be carried out through the Constitutional Court or Supreme Court.
Highlights
The 1945 Constitution Article 1 Paragraph (1) which states "The State of Indonesia is a Unitary State in the form of a Republic" Article 1 paragraph (2) "Sovereignty rests in the hands of the people and is exercised according to the Constitution" and Article 1 paragraph (3) which reads "Indonesia is a constitutional state".1 Etymologically, “Democracy” consists of two words that come from Greek, namely demos which means people or residents of a place, and cratein or cratos which means power or sovereignty
The purpose of this study is to analyze the recalling system of legislative members in Indonesia that does not reflect the value of Pancasila justice; as well as obstacles and solutions to the recalling of legislative members in Indonesia that fulfill a sense of justice and Pancasila values
Research conclusions is the recalling system for legislative members in Indonesia has not reflected the value of Pancasila justice, especially the four principles of Pancasila, namely democracy led by wisdom/deliberation, and eliminating the election system based on Open Proportionality, where constituents do not choose parties but elect candidates
Summary
The 1945 Constitution Article 1 Paragraph (1) which states "The State of Indonesia is a Unitary State in the form of a Republic" Article 1 paragraph (2) "Sovereignty rests in the hands of the people and is exercised according to the Constitution" and Article 1 paragraph (3) which reads "Indonesia is a constitutional state".1 Etymologically, “Democracy” consists of two words that come from Greek, namely demos which means people or residents of a place, and cratein or cratos which means power or sovereignty. Economic, and cultural conditions that allow the practice of political freedom freely and .[3] Democracy is an evolutive and dynamic concept This means that the concept of democracy is always changing, both in its formal forms and in substance, in accordance with the socio-historical context and dynamics in which the concept of democracy is born and develops. Political parties basically have a central and important position (status) and role in every democratic system because they play an important role as a liaison between the state government and its people (the citizens).[7] Political parties are pillars of democracy.
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