Term Limitation of Indonesian Parliamentarians Seen from Constitutionalism

This article intends to use a constitutionalist lens to examine why term limits for Indonesia's People's Representative Council and Regional Representative Council are necessary. The article employs the statutory approach, the conceptual approach, and the comparative approach to writing about normative law. The article makes use of deductive and inductive reasoning strategies grounded in prescriptive analysis. Due to the inability to locate a clause or provision that regulates limitedly regarding the limitation of the term of office of members of the People's Representative Council and Regional Representative Council of the Republic of Indonesia, from a constitutionalist's perspective, the paper concludes that such a limitation is urgently necessary. Since constitutionalism necessitates checks and balances, it follows that this goes against the Republic of Indonesia's constitution. As a result, the article concludes that three (3) factors emphasize the necessity of term limits for members of the Indonesian Parliament as a means of strengthening the principle of constitutionalism: (1) the existence of a legal vacuum, (2) the poor quality of Indonesian democracy, and (3) the importance of leadership regeneration.

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Publication Details

Journal
Revista de Investigações Constitucionais
Published
2024-08-30
DOI
https://doi.org/10.5380/rinc.v11i2.91104
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Term Limitation of Indonesian Parliamentarians Seen from Constitutionalism

Mohamad Hidayat Muhtar, Yovita Arie Mangesti, Rian Sacipto, Ahmad Ahmad et al.
Revista de Investigações Constitucionais
Legal Studies and Policies
article

Term Limitation of Indonesian Parliamentarians Seen from Constitutionalism

Mohamad Hidayat Muhtar, Yovita Arie Mangesti, Rian Sacipto, Ahmad Ahmad, Grenaldo Ginting
article en

Abstract

This article intends to use a constitutionalist lens to examine why term limits for Indonesia's People's Representative Council and Regional Representative Council are necessary. The article employs the statutory approach, the conceptual approach, and the comparative approach to writing about normative law. The article makes use of deductive and inductive reasoning strategies grounded in prescriptive analysis. Due to the inability to locate a clause or provision that regulates limitedly regarding the limitation of the term of office of members of the People's Representative Council and Regional Representative Council of the Republic of Indonesia, from a constitutionalist's perspective, the paper concludes that such a limitation is urgently necessary. Since constitutionalism necessitates checks and balances, it follows that this goes against the Republic of Indonesia's constitution. As a result, the article concludes that three (3) factors emphasize the necessity of term limits for members of the Indonesian Parliament as a means of strengthening the principle of constitutionalism: (1) the existence of a legal vacuum, (2) the poor quality of Indonesian democracy, and (3) the importance of leadership regeneration.

Revista de Investigações ConstitucionaisVol. 11(2)
Universitas 17 Agustus 1945 Surabaya (ID), National Research, Development and Innovation Office (HU), Universitas Kristen Indonesia Tomohon (ID), Universitas Sariputra Indonesia Tomohon (ID), State University of Gorontalo (ID), National Research and Innovation Agency (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Legal Studies and Policies
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