Procedures for Recalling Political Party Members in the Bengkalis Regency Regional People's Representative Council for the 2019-2024 Period

Abstract

This study discusses the recall procedure for political party members in the Bengkalis Regency Regional People's Representative Council (DPRD) for the 2019–2024 period and its regulatory implications for the independence of DPRD members. Recall, known in legislation as Interim Dismissal (PAW), is the authority of political parties to recall council members before the end of their term of office. This mechanism is regulated in Law Number 27 of 2009 concerning the MPR, DPR, DPD, and DPRD and Law Number 2 of 2008 in conjunction with Law Number 2 of 2011 concerning political parties. This study uses a normative juridical method with a descriptive analytical approach, namely analysing applicable laws and regulations and secondary data from various legal literature. The research results show that the recall procedure in the Bengkalis Regency DPRD still faces fundamental problems. The recall process takes a long time and tends to be dominated by internal party interests, thus creating legal uncertainty and weakening the principle of popular sovereignty. The supremacy of political parties in the implementation of recalls shifts the meaning of people's representation in parliament. There are three important implications of the recall mechanism: first, it reduces the independence of DPRD members in carrying out legislative, oversight, and budgetary functions; second, it opens up room for arbitrary political parties that are often based on subjective interests and internal conflicts; third, it has a negative impact on the quality of democracy because elected representatives can be dismissed not based on the aspirations of voters but on party decisions. Thus, it is necessary to reformulate recall regulations to be more in line with the principles of due process of law and public participation, so that the people's sovereign rights remain guaranteed without denying the supremacy of law in Indonesia's democratic system.