Yovita Arie Mangesti, Ahmad Ahmad, Mohamad Hidayat Muhtar, Grenaldo Ginting, Rian Sacipto
This article intends to use a constitutionalist lens to ex-amine 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 ground-ed 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 constitutional-ism 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. © 2024, Universidade Federal do Parana. All rights reserved.
Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya, Indonesia; Faculty of Law, Universitas Negeri Gorontalo, Gorontalo, Indonesia; Indonesian Christian University of Tomohon, Tomohon, Indonesia; National Research and Innovation Agency, Jakarta, Indonesia
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