The Immunity Rights of the House of Representatives of the Republic of Indonesia in Principles of the Rule of Law

Anfasa Azwan Izza Perdana

Abstract


The goal of the nation is to maintain the unity of the Republic of Indonesia, therefore the State has built an instrument to carry out democracy, namely the People's Representative Council (DPR) which is the embodiment of the will in a unitary State as well as the people participating in determining the direction of a State's policies through statutory regulations. -invitations as an illustration of popular sovereignty. In carrying out its functions, the DPR is equipped with the rights, authorities and duties regulated in the MD3 Law. Not only functions, authority and duties, the DPR also has Immunity Rights. Therefore, the author wants to know and study the limits and application of DPR Immunity Rights in the principle of the rule of law, namely equality before the law. The method used in this research is a normative juridical method, namely focusing research on library research, the data sources are taken from books and statutory regulations. Equality before the law is a fundamental principle in the context of law and human rights in the constitution by the formation of the State, namely in Article 27 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, based on this article which contains the meaning of the legal principle, namely equality before the law. The law in reality forces the legal immunity rights of the DPR or members of parliament to be enforced on a limited basis.


Keywords


Democracy, DPR, Immunity.

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References


Achmad Ali, Revealing the Legal Veil, PT Fajar Inter Pratama Mandiri, 2017

Arief Supriyadi, 2019. "Deconstructing the Immunity Rights of DPR Members from the Perspective of Equality Before the Law", Jambura Law Review. Vol 1 No. 1

Constitutional Court DecisionNumber 76/PUU-XII/2014

F Harianto Santoro, 2000. The face of the People's Representative Council of the Republic of Indonesia in the 1999 General Election, Jakarta: Kompas

Finny Alfionita Massie. 2018. Juridical Study of the Immunity Rights of DPR Members in the Indonesian Constitutional System. Lex Administratum, Vol. VI No. 4

Gaffar, Janedri M, 2012. Constitutional Democracy; Indonesian Constitutional Practices After the Amendment to the 1945 Constitution. Jakarta: Constitution Press

http://www. Hukumonline.com/

https://rusmandwiyana.files.wordoress.com

https://rusna.dwiyana.files.wordpress.com

Jimly Asshiddiqie, 2013. Introduction to Constitutional Law, (Jakarta: Raja Grafindo Persada

Jorawati Simarmata. 2018. Interpreting the Immunity Rights of Members of the Regional People's Representative Council (Analysis of Ministry of Home Affairs Letter Number 331/9914/Otda Dated 14 December 2016). Indonesian Legislation Journal. Vol 15 no 1.

Law Number 2 of 2018 concerning Amendments to Law Number 17 of 2014 concerning MPR, DPR, DPD and DPRD

Leo Agustino, 2005. Legal Politics and Regional Autonomy, Banten: Untirta Press

Marisa Nurfaizzah. 2021.Immunity Rights of Members of the House of Representatives According to the Principle of Equality Before the Law.Al Balad: Journal of Constitutional Law Volume 3 Number 3.

Munir Fuady, 2010. The Concept of a Democratic State. Jakarta: PT Refika Aditama

Muniri Mohammad, 2017. Implementation of the Immunity Rights of DPR RI Members based on Law no. 17 of 2014, Jurnal Yustitia, Volume 18, Number 1

Roichatul Aswidah, 2014. Immunity Rights of DPR Members, Institute for Criminal Justice Reform

Soerjono Soekanto & Sri Mamudji, 2015. Normative Legal Research (A Short Review), Jakarta: Rajawali Press

Sudarsono, 1999. Legal Dictionary, Jakarta: Rineka Cipta

The 1945 Constitution of the Republic of Indonesia

Yasir Arafat, 2014. The 1945 Constitution of the Republic of Indonesia and its Amendments, Jakarta: Permata Press




DOI: http://dx.doi.org/10.30659/rlj.2.3.%25p

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