Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Reconstruction of the Legislative Authority of the Regional Representative Council of the Republic of Indonesia in the Indonesian State System

Author(s): Kaharudin

Constitutionally, the Regional Representative Council (DPD) is the main state institution with a legislative function, but its legislative authority is very weak compared to the House of Representatives (DPRD). The formulation of the problem is how DPD in the Indonesian state system and how the authority of DPD legislation is ideal as a representative institution. This writing is normative juridical, with a philosophical, statutory, and conceptual approach. The existence of DPD in the Indonesian State System is a state institution that is the main and has a position parallel to other constitutional institutions, such as the President, Supreme Court, Constitutional Court, People's Consultative Assembly (MPR), DPR, and The Audit Board. At the same time, the ideal legislative authority for the DPD is the authority of legislation that is intact and strong, starting from submitting a Draft Law, discussing and participating in approving or disapproving a material Draft law into the Law. DPD as a State Institution must be given the same legislative authority as the DPR in the bicameral representative institution system. Therefore, changes must be made to the provisions of Article 20 paragraph (2) of the 1945 Constitution so that the constitutional rights of local communities and state institutions representing the region can be appropriately accommodated.

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