ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI 41/PUU-XXIII/2025 TERKAIT HAK RECALL PARTAI POLITIK DALAM PERSPEKTIF KEDAULATAN RAKYAT

Abstract

The recall right held by political parties under Article 239 paragraph (2) letter d of Law Number 17 of 2014 on the MPR, DPR, DPD, and DPRD has repeatedly been challenged before the Constitutional Court, most recently through Decision Number 41/PUU-XXIII/2025. This mechanism creates tension with popular sovereignty because it grants political parties discretionary authority to unilaterally dismiss elected members of the House of Representatives. This study examines the legal reasoning (ratio decidendi) behind the Constitutional Court's rejection of the petition to abolish the recall right, and the legal consequences of that decision for popular sovereignty. Using normative legal research with statutory, conceptual, and case approaches. The study finds that the Court relied on Article 22E paragraph (3) of the 1945 Constitution while overlooking the original intent behind that provision, which was to strengthen popular sovereignty through an open-list proportional electoral system. The decision entrenches party control over legislators, produces a democratic paradox in which representatives are elected by the people yet controlled by their party, and shifts sovereignty from the people to political parties. The study recommends that recall be confined to objective, legally verifiable grounds rather than a party's subjective judgment of its own members.