A PARTY'S RECALL RIGHT IN THE CONCEPT OF DEMOCRATIC COUNTRY

Abstract

Abstrct: Elections, including the election of legislative members, especially for the House of People's Representatives and Assembly at Provincial are elected by political parties which have a big role in determining who will represent the party in parliamentary seats. It is correlated to the right of recall. In this study, researchers formulated two research problems: 1) How is the existence of a party's recall right regarding to the concept of a democratic state? and 2) How is the implementation of recall right for a party in Indonesia? This research was conducted by normative research, using a statute, conceptual, and case approach. This study found that the recall right was inappropriate to the concept of a democratic state. Even though the right of recall was the authority of a political party, it was opposed to the constituents that have given the legitimacy for the party member to be the member of the parliaments.