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Nisa Afifah
Universitas Airlangga

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Immunity Rights of Members House of Representatives from the Perspective of Equality Before the Law Baharuddin Riqiey; Muhammad Khatami; Ali Mannagalli; Nisa Afifah; Rizky Bangun Wibisono
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.59782

Abstract

The right to immunity is one of the rights held by members of the DPR in carrying out their duties, functions and authorities. This right to immunity essentially confirms that members of the DPR cannot be held accountable or sued in court in carrying out their duties, functions and authorities. Because they cannot be held accountable or sued in court, this right is considered by some people as a right that is contrary to equality before the law. Seeing this problem, this study aims to comprehensively examine and analyze the ratio legis regulating the right to immunity for members of the DPR and the suitability of the right to immunity in the perspective of equality before the law. This study is a legal study using a statutory, conceptual and comparative approach. The results of this study indicate that the ratio legis regulating the right to immunity for members of the DPR is to protect the independence and courage of members of the DPR in carrying out legislative duties. However, when the right to immunity is confronted with the principle of equality before the law, then formally the right to immunity conflicts with the principle of equality before the law, but substantively the right to immunity must be seen as a whole, whether the different treatment is carried out in the same conditions and positions or not.
Co-Authors Ali Mannagalli Baharuddin Riqiey Muhammad Khatami Rizky Bangun Wibisono