PENGATURAN SISTEM PEMILIHAN UMUM ANGGOTA DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA SETELAH PERUBAHAN UNDANG-UNDANG DASAR 1945

The research is to understand and analyze an electoral system regulating for Indonesian House of Representative held after amendment of the 1945 Constitution. It is fact that the regulating is explicitly based on Article 22E, the 1945 Constitution of Republic of Indonesia. The fac doffers from the regulating held before amendment of the 1945 Constitution. Nevertheless, Acts regulating electoral system for Indonesian House of Representatives always enact proportional representation system either before or after amendment of the 1945 Constution. Therefore, issues that will be researched are: which electoral system can be regulated for Indonesian House of Representatives election based on provisions in the 1945 Connstitution of Republic of Indonesia: and how the electoral system regulated in Act 12 of 2003 and Act 10 of @008 are. The research is normatively and empirically legal reseach. The normatively legal research means researching into norm comprehension of the electoral system written in legal sources, especially the 1945 Constitution of Republic of Indonesia, and Act 12 of 2003 and Act 10 of 2008. The empirical one is to research implementation of law thought and constructed by interviewees. Date are qualitatively analyzed by using deductive method for making conclusions. The result of the research show that according to provisions in the 1945 Constitution of Republic of Indonesia, basically, all electoral system can be regulated for Indonesian House of Representatives election, except form of candidacy in selected electoal system. The form of candidacy must be party list, either closed list, open list or free list. Nevertheless, it is no doubt that electoral system are dependent of other systems. Hence, mixed member proportional system can be selected as alternative system for simplifying multi party system, creating affective relationship between government and Indonesia House of Representatives, and strengthening presidential govermnetal system. Other results show that electoral system for Indonesia House of Representatives election as regulated in Act 12 of 2003 is restricted-open list proportional representation system, but in Act 10 of 2008 is fully-open list proportional representational system. The form of candidacy of both the electoral system is compatible with Article 22 section 3 of the 1945 Constitution of Republic of Indonesia