Politik Hukum Pemberhentian Anggota Dewan Perwakilan Rakyat Republik Indonesia Oleh Partai Politik Berdasarkan Ketentuan Pasal 16 Ayat (1) Huruf D Undang-Undang Partai Politik

Perdana, Yudhia (2022) Politik Hukum Pemberhentian Anggota Dewan Perwakilan Rakyat Republik Indonesia Oleh Partai Politik Berdasarkan Ketentuan Pasal 16 Ayat (1) Huruf D Undang-Undang Partai Politik. Masters thesis, Universitas Islam Riau.

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Abstract

Strengthening the independence of political parties is the idea that underlies the birth of the provisions of Article 16 Paragraph (1) letter d of the Political Party Law. The provision states that the dismissal of a political party cadre, regardless of their existence as a member of parliament or not, can occur if the cadre violates Political Party Statutes. This provision is not followed by a clear explanation of the parameters of the violation of Political Party Statutes which are politically used by the party to get rid of its cadres, especially in their positions as legislators. This situation directly shows the determination of Political Party Statutes towards the concept of popular sovereignty which gives a larger democratic portion to legislators through the constituent votes that take them to the parliament building. This situation raises two problems. First, what is the political law of regulating the dismissal of members of political parties from serving as members of the DPR-RI who are suspected of violating the Political Party Statutes based on the provisions of Article 16 Paragraph (1) of the Law on Political Parties in Indonesia? Second, what is the position of dismissal of a member of a political party in office as a member of the DPR-RI who is suspected of violating Political Party Statutes based on the provisions of Article 16 Paragraph (1) of the Political Party Law concerning the theory of popular sovereignty? This study uses a normative legal research method, with library data collection techniques, and finds that Article 16 Paragraph (1) letter d of the Political Party Law was born from a minimal political configuration in the parliament. That all factions agree on the concept of strengthening the party which impacts on the neglect of people's sovereignty. This situation creates a people's sovereignty discrepancy which is the theoretical basis for state administration with the political will that dominates state practice. This phenomenon shifts the constitutional discourse in Article 1 Paragraph (2) of the 1945 Constitution which requires sovereignty in the hands of the people to become party sovereignty.

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