Proposal to Create A Law Giving Authority to The Community of Election District to Supervise and Take Action against People's Representatives (Members of The DPR-RI) As An Implementation of Article 1 Paragraph (2) of The 1945 Constitution
Abstract
This study proposes the creation of a law that gives the authority to the people of electoral districts to supervise and take action against the people's representatives (Members of the DPR-RI) as an implementation of Article 1 paragraph (2) of the 1945 Constitution, which emphasizes that sovereignty rests with the people. To date, people's representatives tend to be more loyal to political parties than to the people of their electoral districts, so that people's aspirations are often not optimally accommodated. The people only have the right to vote in elections, without adequate instruments to evaluate and take action against people's representatives who do not carry out their duties according to their mandate. This study uses a normative juridical method with a conceptual and comparative approach, analyzing applicable regulations and comparing them with practices in other countries that have implemented recall mechanisms or direct constituent supervision. The results of the study indicate the importance of this law to strengthen substantive democracy, increase the accountability of people's representatives, and narrow the gap between the DPR and the people. However, there are a number of obstacles that must be anticipated, such as resistance from political parties, the potential for politicization, and low political literacy in the community. Therefore, this draft law must be designed with a clear, transparent mechanism, and prioritize the principle of checks and balances so that it can run effectively and not be misused.