Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Redesigning the Election System for Members of the House of Representatives in Indonesia as an Effort to Realize Citizens' Constitutional Rights

Author(s): Fifiana Wisnaeni, Madaskolay Viktoris Dahoklory

The research objective was to determine the current legislative electoral system arrangements in Indonesia and what kind of legislative electoral system can guarantee citizens’ constitutional rights. The research method is normative using a statutory approach and a conceptual approach to analyze problems qualitatively. The results showed that Indonesia’s legislative electoral system today is an open proportional system combined with a formula “based on most votes”. This system, whether consciously or not, has the potential to injure the constitutional rights of citizens and political parties because the system is not yet in accordance with the mandate of the 1945 constitution. The results showed that using an open proportional system based on the majority of votes can at any time nullify or ignore the votes of minorities and women. Therefore, it is better if the electoral system for Indonesian parliament (DPR) members should be redesigned by adopting an electoral system like Germany and New Zealand, namely the mixed-member proportional (MMP System). Practically, this system is more able to provide constitutional guarantees for citizens, political parties, and the continuity of democracy.

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