POLITIK HUKUM PENENTUAN TINGKAT PENDIDIKAN SEBAGAI SYARAT MENJADI ANGGOTA DEWAN PERWAKILAN RAKYAT DI INDONESIA DALAM PERSPEKTIF RANCANGAN UNDANG-UNDANG TENTANG PEMILIHAN UMUM

Abstract

The DPR has a central role in the constitutional system in Indonesia.
Given the enormous role of the DPR in the state administration system in
Indonesia, the minimum education requirements set forth in Article 240
paragraph (1) letter e of Law No. 7 of 2017 concerning General Elections must
be renewed/reformulated. Because these regulations are felt to have weaknesses,
whereby an institution that has the function and authority to make and issue a
legal product and determine policies may nominate themselves as a candidate for
members of the DPR with at least a high school educational background or
equivalent. The aim of the reformulation of the system for nominating members of
the DPR is so that the legal and policy products that will be issued by members
of the DPR can be better and more beneficial to the general public.
This research is a normative legal research. This is based on library
research which takes excerpts from reading books, or supporting books that have
something to do with the problem to be studied. This study uses secondary data
sources consisting of primary, secondary and tertiary legal materials. This study
also used qualitative data analysis and produced descriptive data.
From the results of this study it is explained that there is a need to
increase the standardization of the minimum educational requirements to become
a candidate for DPR member. The ideal concept offered by researchers is to
increase or reformulate the minimum educational requirements for candidates
for DPR members, from a minimum high school diploma to a minimum of a
bachelor's degree (S1). Some of the considerations that form the basis for
forming regulations are: First, on the Aspect of Justice, because to guarantee
competence, capability and also guarantee the placement of members of the DPR
in accordance with their respective portions based on their educational
background, so that they are more professional in carrying out their duties and
functions. Second, on the Certainty Aspect, the minimum educational
qualification requirements for candidates for DPR members are stipulated
through clear legal instruments that will provide legal certainty. Third, on the
Usefulness Aspect, so that in every contribution a DPR member makes in
carrying out his authority, duties and functions it will be better.
Keywords: Reformulation-Requirements-Education-DPR