Urgensitas Pembatasan Masa Jabatan Legislatif Perspektif Redbruck Theory

The lack of regulation on the length of time someone can hold a legislative position is a significant issue in Indonesia. It can lead to abuse of power and hinder the fair execution of duties. Instead of protecting people from executive intimidation, the reform movement has created opportunities for unchecked legislative power. This article discusses the importance of limiting the length of legislative terms from philosophical, sociological, and legal perspectives, as proposed by Radbruck. Implementing specific regulations as part of the 1945 NRI Constitution can help address the legal gaps that currently allow excessive legislative power. This can be achieved by updating laws related to elections, political parties, and legislative bodies and refining candidacy requirements in electoral regulations. Any new regulations must align with the philosophical, sociological, and legal values of enforcing those regulations.

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Publication Details

Journal
Siyasah Jurnal Hukum Tatanegara
Published
2024-11-12
DOI
https://doi.org/10.32332/m8tqsh54
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Urgensitas Pembatasan Masa Jabatan Legislatif Perspektif Redbruck Theory

Alendra Nauval Mufti Rayhan, Salsabil Aqila, Ni Komang Dewinda Leony Putri
Siyasah Jurnal Hukum Tatanegara
Legal Studies and Policies
article

Urgensitas Pembatasan Masa Jabatan Legislatif Perspektif Redbruck Theory

Alendra Nauval Mufti Rayhan, Salsabil Aqila, Ni Komang Dewinda Leony Putri
article en

Abstract

The lack of regulation on the length of time someone can hold a legislative position is a significant issue in Indonesia. It can lead to abuse of power and hinder the fair execution of duties. Instead of protecting people from executive intimidation, the reform movement has created opportunities for unchecked legislative power. This article discusses the importance of limiting the length of legislative terms from philosophical, sociological, and legal perspectives, as proposed by Radbruck. Implementing specific regulations as part of the 1945 NRI Constitution can help address the legal gaps that currently allow excessive legislative power. This can be achieved by updating laws related to elections, political parties, and legislative bodies and refining candidacy requirements in electoral regulations. Any new regulations must align with the philosophical, sociological, and legal values of enforcing those regulations.

Siyasah Jurnal Hukum TatanegaraVol. 4(2)
University of Brawijaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 62%
Legal Studies and Policies
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