| Parliament name (generic / translated) |
Dewan Perwakilan Rakyat / House of Representatives |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Linked representation - imperative mandate |
| Start of the mandate |
· When the MPs take the oath
|
| Validation of mandates |
· Validation by the Verification Committee (Art. 43 a of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
· Procedure
|
| End of the mandate |
· On the day when the legal term of the House ends (Art. 12 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 7 (1) (b) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (b) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
· Procedure: request to the Leadership of the House
· Authority competent to accept the resignation: the Leadership of the House of Representatives
|
| Can MPs lose their mandate? |
Yes |
(a) Revocation before expiry of mandate by the political party (Art. 7 (1) (e) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (g) and Art. 43 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(b) Definitive exclusion from Parliament by the latter: declaration that the MP has violated the oath/pledge of membership (Art. 7 (1) (d) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f) and (4) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(c) Loss of mandate by judicial decision (Art. 13 (1) in relation with Art. 4 (1) (e), (4), and 2 (1) (f) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(d) Loss of the general requirements for eligibility (Art. 5 and 7 (1) (c) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (e) and (4), as well as 2 (1) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(e) Loss of mandate for incompatibilities (Art. 7 (1) (f) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (h) and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(f) Death (Art. 7 (1) (a) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (a) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(g) Living outside the Indonesian territory (Art. 13 (1) in relation with Art. 4 (1) (c) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
(h) General procedure (Art. 7 (2) and (3) of the Rules of the House of Representatives, and Art. 13 (1) and (4) in relation with Art. 4 (2) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary + additional allowance in relation with rank, marital status, and activities inside and outside Parliament
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Official housing
(d) Official car
(e) Security guards
(f) Electricity and telephone services
(g) Travel and transport allowances
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 9 (2) of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: improper language (Art. 112 of the Rules of Procedure of the House of Representatives; see Discipline), disclosure of secrets (Art. 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives, and Volume II, Chapter I of the Penal Code; see Code of conduct).
· Non-accountability takes effect on the day when the mandate begins.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Law on Procedure for Police Action against Members/the Leadership of the House).
· It applies to criminal and civil proceedings, covers all offences with the exception of serious offences (treason, etc.) and minor offences (traffic offences, etc.), and protects MPs from police measures.
· Derogations: in case of flagrante delicto, no approval is necessary.
· Protection is provided from the start to the end of the mandate.
· Parliamentary immunity (inviolability) can be lifted:
- Competent authority: the President of the Republic
- Procedure
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Rules of Procedure of the House of Representatives
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings (see also Art. 99 of the Rules of Procedure of the House of Representatives).
· There are no penalties foreseen in case of failure to fulfil this obligation.
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 109 (2), 111 (2), and 112 to 114 of the Rules of Procedure of the House of Representatives.
· Disciplinary measures foreseen:
- Order to discontinue the speech (Art. 109 (2) of the Rules of Procedure of the House of Representatives)
- Warning for irrelevance (Art. 111 (2) of the Rules of Procedure of the House of Representatives)
- Order to stop improper actions or to withdraw improper words (Art. 112 of the Rules of Procedure of the House of Representatives)
- Order to discontinue improper words (Art. 113 (1) of the Rules of Procedure of the House of Representatives)
- Order to leave the sitting (Art. 113 (2) of the Rules of Procedure of the House of Representatives)
- Expulsion by force from the assembly hall (Art. 113 (3) of the Rules of Procedure of the House of Representatives)
- Closure or adjournment of the meeting (Art. 114 of the Rules of Procedure of the House of Representatives)
· Specific cases:
- Improper language, disturbance of the order of the meeting, incitement to illegal actions during the meeting (Art. 112 of the Rules of Procedure of the House of Representatives): order to stop improper actions or to withdraw improper words
· Competent body to judge such cases/to apply penalties: the Chairman of the meeting
· Procedure:
- Order to discontinue the speech (Art. 109 (2) of the Rules of Procedure of the House of Representatives)
- Warning for irrelevance (Art. 111 (2) of the Rules of Procedure of the House of Representatives)
- Order to stop improper actions or to withdraw improper words, order to discontinue improper words, order to leave the sitting, expulsion by force from the assembly hall, closure or adjournment of the meeting, improper language, disturbance of the order of the meeting, incitement to illegal actions during the meeting (Art. 112 to 114 of the Rules of Procedure of the House of Representatives)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 7 (1) (d) and (f), 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f) and (h), Art. 4 (4), 34 and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives, Volume II, Chapter I of the Penal Code, Law on Police Measures against MPs; see also Declaration of interests).
· Penalties foreseen for violation of those rules:
- Loss of mandate (Art. 7 (1) (d) and (f) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f) and (h), Art. 4 (4), and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives; declaration that the MP has violated the oath/ pledge of membership/incompatibilities)
- Judgement that the MP has offended Parliament (Art. 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives; disclosure of secrets)
· Competent body to judge such cases/to impose penalties:
- Declaration that the MP has violated the oath/pledge of membership: the House of Representatives
- Loss of mandate for incompatibilities: automatically
- Disclosure of secrets: respective court
· Procedure:
- Declaration that the MP has violated the oath/pledge of membership (Art. 7 (1) (d) of the Rules of Procedure of the House of Representatives, Art. 13 (1) and (3) in relation with Art. 4 (1) (f), and 4 (4) of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
- Loss of mandate for incompatibilities (Art. 7 (1) (f) of the Rules of Procedure of the House of Representatives, Art. 13 (1) in relation with Art. 4 (1) (h), and 38 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives)
- Disclosure of secrets (Art. 9 (2) and 98 of the Rules of Procedure of the House of Representatives, Art. 34 of the Law No. 16 Concerning the Composition and Status of the People's Consultative Assembly, the House of Representatives and the Regional House of Representatives, Volume II, Chapter I of the Penal Code, Law on Police Measures against MPs; disclosure of secrets)
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| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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Compare data for parliamentary chambers in the Mandate module
