Critical
Review of the Journey of Democracy in Indonesia: Functions and Authorities of the
Regional Representative Council (DPD) in the Constitutional System
Maximus Dorisara
Universitas Islam Indonesian,
Indonesia
Email: [email protected]
Abstract
The aim of this research is to analyze and explain the function and
authority of the Regional Representative Council (DPD) in the Indonesian
constitutional system and to see objectively how the function and authority of
the Regional Representative Council (DPD) is implemented according to the
Indonesian constitution. This research uses descriptive normative law to explain
the function and role of regional representative bodies in the constitutional
system. Normative legal research only uses literature studies to collect data.
Keywords: Functions and authorities of the DPD and the constitutional
system
INTRODUCTION
The Regional Representative Council (DPD) is a
constitutionally recognized state institution that represents regional
interests and aspirations, especially in matters of national level decision
making. In addition, the Mandate of the 1945 Constitution (Amendment IV)
establishes the DPD as a joint representative institution which has
legislative, supervisory and budgeting responsibilities. (Zulkarnain, 2019) .
The DPR is a regional or regional representative
institution consisting of individuals, while the DPR is a political
representative institution consisting of political parties. The duties,
functions and responsibilities of the DPD are related to fighting for and
integrating the aspirations, interests and existence of various regions of
Indonesia as well as maintaining and upholding the Unitary State of the
Republic of Indonesia (Aldi Putra, 2022) .
"The MPR consists of members of the People's
Representative Council and members of the Regional Representative
Council," according to the amendments to the 1945 Republic of Indonesia
Law. The current direction of the Indonesian representative body shows that the
second representative body has two chambers. (P. Akbar, 2013) .
Fulfilling the growing aspirations of each region in
Indonesia in social, economic, political, legal and socio-cultural matters is
the aim of establishing a bicameral, or two-chamber, representative system in
the Indonesian state administration. This goal can be achieved through
representation in the Regional Representative Council (DPD), an institution
that provides support to regions in Indonesia (Ilham & Prihatmadja, 2008) .
������� However, as stated in Article
22D paragraph (1) of the 1945 Republic of Indonesia Constitution, the DPD only
has the authority to submit certain draft laws to the DPR. Next, the DPR
determines the "fate" of the draft law, whether it will be discussed
further by the DPR or simply submitted to the DPR by the DPD (Pakpahan, 2015) .
As mentioned above, the DPR has a more dominant position
compared to the DPD. This is because the DPD is a new representative
institution that was formed after the 1945 Constitution of the Republic of
Indonesia was amended. In fact, as implementers of the two-chamber system, the
DPR and DPD must have the same powers as the DPR in terms of proposing and
forming laws (Fitri & Sihombing, 2019) .
The Regional Representative Council (DPD) is a regional
representative institution with the same status and authority as other state
institutions. In this case, "position" indicates the status, or
condition, of an organ, agency, or state, and the DPD as a representative
institution is at the same level as other state institutions. A state
institution has a certain position compared to other institutions, and this
position is based on its main function (Utami, 2022) .
Based on this understanding, based on the amended 1945
Constitution, only state institutions are referred to as the highest state
institutions; now only state institutions, which means that all state
institutions have the same position, only differ in their functions. Therefore,
the DPD is comparable to the MPR, DPR, BPK, President, MA, MK, and KY (MS Akbar, 2018) .
The representative system forms a Regional Representative
Council to carry out legislative duties and responsibilities. The aim is to
prevent power from being concentrated in one party, as in the New Order era,
when the executive government had stronger executive powers compared to other
governments. Democracy created the Regional Representative Council of the
Republic of Indonesia (DPD). Chapter VII, Article 22C, and Article 22D of the
1945 NRI Constitution state the requirements needed to establish a DPD.
As shown by the authority, the DPD is only a regional
representative institution and does not have strong functions or authority to
fight for regional interests which have been ignored and neglected for years.
Apart from that, from a procurement perspective, the role of the DPD is very
small, even though the process of selecting DPD members is very complicated and
difficult. To become a DPD member, someone must be a well-known person in their
community, not a member of a political party, so that they can be known outside
the party political system. But after he was elected as a member of the DPD, he
had to stay in Jakarta, and his only job was to give advice to the DPR on
legislative issues (Asshiddiqie, 2002) .
Democracy in Indonesia has existed since the founding of
the country. The basic requirements, or constitution, which is now known as the
1945 Constitution of the Republic of Indonesia, were created by the founders.
These basic values govern state life as we know it today. Indonesian democracy
experienced a major transformation in its form and application during the Orla,
New Order and Reform eras. It was not until the Reformation Era in 1988 that
true democracy was understood and implemented. In four stages, from 1999 to
2002 (Handoyo, 2018) . The 1945 Constitution of the Republic
of Indonesia was amended, indicating a desire for reform. This will change the
current constitutional structure, as well as its institutional and
institutional functions, as well as the rights of citizens. The 1945
Constitution of the Republic of Indonesia emphasizes human rights and the state
as a form of sovereign democracy.
Indonesia has implemented democracy as a government system
because of its vast territory and large population. Democracy, which is based
on the principle of equality that every citizen has the same rights and
position in government because basically every citizen has the same power to rule,
has become the main model of modern government. This power is what gives the
state legitimacy and legality.
Indonesia's constitutional system has experienced many
changes since the 1945 Constitutional Amendment. At the implementation level,
the system that has been normatively established has experienced many changes
and contractions. The position and authority of the DPD is one of the most
dynamic developments. This dynamic ultimately led to the idea of the Fifth
Amendment to the 1945 Constitution, which clearly requires a strong basis to
support it.
Even though the idea of forming a DPD has been made known
to the public, everyone, especially experts, is of the opinion that a bicameral
parliamentary structure was created. The parliamentary structure consists of
two chambers, each of which has the same authority and position. The ideal
parliamentary system is comparable to the bicameralism system that exists in
the United States. This opinion is very reasonable because the existence of a
bicameral parliament is also correct from a theoretical point of view. The
unitary state of Indonesia still has a bicameral parliament, which is part of
Indonesian democracy, although there are differences regarding the form of the
state. Ardent Lijphart made a statement (Lijphart, 1999) .
� The pure majoritarian model calls for the concentration of legislative
power in a single chamber; the pure consensus model is characterized by a
bicameral legislature in which power is divided equally between two differently
constituted chambers .�
Constitutional law experts and other academic circles
related to the constitutional domain are currently investigating the issue of
the function and role of facts that occur in the DPD. Jimly Asshiddiqie states
in his latest book, "Development and Consolidation of Post-Reform State
Institutions", that he is one of the constitutional law practitioners who
is most focused on discussions about state institutions.
The formation of the Regional Representative Council (DPD)
was originally part of a change in the structure of the Indonesian parliament
into two chambers, or bicameral,
which would allow the legislative process to be carried out through a double check system , which would enable
the distribution of representation of the interests of all the people on a
relatively wider social basis. The DPR is a political representation, while the
DPD is a territorial or regional representation.
In responding to Jimly Asshiddiqie's previous book, the
author concludes that, although the current authority of the DPD may not be
ideal, basically there have been restrictions on its authority, functions and
responsibilities since its founding. In addition, the main reason for this
limitation is a return to the initial legal system that regulated DPD
institutions. This can be seen in Article 22 of the 1945 Constitution,
especially Article 22 D, and Law Number 22 of 2003 concerning Composition and
Position (UU Susduk).
Since then, the institution called the Regional
Representative Council (DPD) has become the subject of heated debate among the
general public and academics. more debate about the position of the DPD as a
new institution in the Indonesian parliament and the power it has. They have
the ability to participate actively in making decisions about legislation in
parliament and convey the voice of the central region. The DPD institution was
formed with many hopes, especially from regional voices who have prioritized
the interests of the central government for many years.
It is not only debated about what they did and how the
parliamentary system was established, as well as how they chose a bicameral or
unicameral system. In the 1945 Constitution, the DPD and its position in the state
institutional structure are regulated. Likewise, as representatives of the
people, the two other legislative institutions, the DPR and the MPR, continue
to carry out these roles and positions. These three institutions still have
their respective roles, and the MPR is still owned by members of the DPR and
DPD. As a result, what is the actual relationship between these three
institutional components, and is it still relevant if we consider that the
Indonesian parliamentary system uses two chambers? (Bicameral), one-chamber
system (unicameral), or even the emerging three-chamber parliamentary system.
The DPD was established with the strategic aim of
providing regional people with opportunities to participate in national
policies, especially those relating to regional interests. It is hoped that
this formation will increase national integration and feelings of togetherness
as a nation consisting of regions. However, the role and position of the DPD as
a parliamentary institution is very limited. According to Hamdan Zoelva, with
no more than a third of the members of the DPR, the DPD is only a complementary
representative institution in the constitutional structure that accommodates
regional representatives at the national level. (Zoelva, 2013) .
One of the tasks of the Regional Representative Council is
to discuss laws, reject laws, and discuss laws to repeal Government Regulations
in Lieu of Law (Perpu), and disseminate legislative programs and draft national
laws. After the Constitutional Court decision Number 92/PUU/2012, the Regional
Representative Council took a different part from before.
Issues related to the position of the DPD RI will include
various matters regarding the composition, duties and functions of the DPD, as
well as institutional relationships between the DPD and other institutions,
such as the President, DPR and MPR. From an institutional perspective, the DPD
RI cannot carry out its functions well because there are many juridical
elements that influence its institutional functions. Therefore, the author's
research thesis is entitled "The Function and Authority of the Regional
Representative Council (DPD) in the State Constitutional System (A Critical
Review of the Journey of Democracy in Indonesia".
Based on the matters above, the problems of this research
are as follows: 1) how does the role and authority of Regional Representatives
in the national system affect the democratic process in Indonesia? and 2) Has
the Regional Representative Council (DPD) carried out these functions and
authorities in accordance with the Indonesian constitutional system? The
objectives of this research are as follows: 1) Analyze and explain the function
and authority of the Regional Representative Council (DPD) as part of the
Indonesian constitutional system; and 2) Objectively examine how the Regional
Representative Council (DPD) implements its functions and authority.
RESEARCH
METHODS
Types of research
To explain the function and role of regional
representative bodies in the constitutional system, this research uses
descriptive normative law. Normative legal research is document research that
uses data from theories, written regulations, and other legal materials such as
relevant books. The appropriate research stage for this research is library
research, which includes books, legal journals, and articles relevant to the
title of the thesis (Kadir, 2004) .
Data source
Data sources consist of primary data and secondary data.
Primary, secondary and tertiary legal materials are divided into secondary
data, which will be discussed further below:
1.
Primary
legal material is information obtained from official documents, such as the
legislation of the Regional Representative Council of the Republic of
Indonesia. This primary legal material is included in the category of material
whose contents are binding because they are issued by the state. The following
statutory regulations will be used in this research:
a.
Constitution
of the Republic of Indonesia 1945;
b.
Law
Number 17 of 2014 concerning the MPR, DPR, DPD and DPRD;
c.
Law
Number 12 of 2011 concerning the Formation of Legislative Regulations; Law
Number 8 of 2012 concerning General Elections of Members of the DPR, DPD and
DPRD; And
d.
Law
Number 27 of 2009 concerning the MPR, DPR, DPD and DPRD.
2. Secondary legal materials are
materials that provide an explanation of primary legal materials and help
researchers analyze and understand primary legal materials. Secondary legal
materials include statutory regulations relating to the issue, legal books (such
as theses, theses, journals, magazines and scientific works), and library
materials.
3.
Tertiary
legal materials are materials that help primary and secondary. For example,
scientific works, dictionaries, mass media, encyclopedias, and official
websites of related organizations on the internet. The literature searched and
selected must be relevant and up-to-date to obtain the latest and relevant
information.
Approach Method
Peter Mahmud Marzuki said that there are five (five)
approaches that can be used in legal research (Marzuki, 2009) : case approach; statutory approach
(statute approach); historical approach (historical); comparative approach
(comparative approach); and conceptual approach.
Two different approaches are used in legal research: the
statutory approach and the historical approach. The legislative approach looks
at the laws and regulations relating to the legal problem, while the historical
approach looks at the problems underlying what is studied and the development
of the law.
Data Processing and Analysis
Basically, data processing is the process of compiling
legal materials so that they are easier to analyze and build. The main problem,
scope and problems identified above will be discussed in a
descriptive-analytical study. This will make this research a complete reference
for the proposal. Content analysis, also known as content analysis, is used in
writing this proposal as a data analysis technique. This content analysis is
based on existing theories. Results from primary and secondary data sources,
consisting of secondary and tertiary legal materials, are intended. It is hoped
that this type of analysis will allow selecting and retrieving data from the
various available library materials and directing the data to objects. The
progress of democracy in Indonesia is linked to the authority of representative
bodies in the state administration system.
RESULTS
AND DISCUSSION
A. Functions
and Authorities of the Regional Representative Council (DPD) in the
Constitutional System on the Journey of Democracy in Indonesia
State institutions consist of two
categories: main state institutions, which function as main organs, and
auxiliary state institutions, which function as supporting organs. The three
axes of power�executive, legislative, and judicial�form the main institutions,
according to political triad theory. The Constitution (UUD) forms and gives
direct authority to the main State institutions, while the law alone forms and
gives authority to auxiliary State institutions.
The 1945 Constitution of the Republic
of Indonesia establishes the main state institutions such as the President and
Vice President, the People's Representative Council (DPR), the Regional
Representative Council (DPD), the Financial Audit Agency (BPK), the Supreme
Court (MA), the Constitutional Court (MK), and the Judicial Commission. . based
on the organ theory. The DPD is considered the main state institution because
of its name and function, and has a legislative position that is parallel or
equivalent to the DPR. According to Chapter VIIA concerning DPD, Articles 22C
and 22D of the 1945 Constitution of the Republic of Indonesia state: (1) Each
province has members of the Regional Representative Council who are elected
through general elections. (2) Each province has the same members of the
Regional Representative Council, and the total number of members of the
Regional Representative Council may not exceed one third of the members of the
People's Representative Council. (3) The Regional Representative Council must
meet at least once a year. (4) The law determines the structure and position of
the Regional Representative Council in Article 22.
After the 1945 Constitution of the
Republic of Indonesia was amended, the Regional Representative Council (DPD)
was a new institution in the Indonesian constitutional structure. DPD is
supported and strengthened in the Indonesian representative system; The DPD
functions as a representative institution based on the aspirations and
political understanding of the people as holders of sovereignty; and DPD convey
various regional aspirations. To support the principle of regional
representation, the DPD was established. Indonesia's representative system is
the result of the desires, interests and struggles of the Indonesian people.
The existence of the DPD in the
Indonesian constitutional structure is stipulated by the 1945 Constitution of
the Republic of Indonesia, strengthening and strengthening the relationship
between the regions and the Unitary State of the Republic of Indonesia as one
unit and strengthening regional unity; 2) combining regional interests and
aspirations with state and regional interests in the formulation of national
policies; and 3) proportionally and equally encourage development, democracy
and progress in the region.
As a result, the existence of regions
as stated in Article 18 paragraph (1) and regional autonomy as stated in
Article 18 paragraph (5) operate in accordance with regional diversity in the
context of the progress of the state and nation.
DPD has limited duties in the fields of
legislation, budgeting, supervision and consideration. Its function is closely
related to the system of mutual monitoring and balancing in the Indonesian
constitutional system, and includes:
a)
Has
the right to submit draft laws to the House of Representatives regarding
regional autonomy, central and regional relations, formation, expansion and
merger of regions, management of natural and other economic resources, as well
as balancing central and regional finances;
b)
Has
the right to participate in discussing draft laws regarding regional autonomy,
central and regional relations, and management of natural and other economic
resources.
DPD must be positioned on an equal
footing with other state institutions because of its status as a state
institution. Their functions and responsibilities differentiate them from each
other. Due to these limitations, the DPD should take action to increase its
function and authority. Factors that hinder the DPD In the constitutional
systems of contemporary democratic countries based on the constitution, representative
institutions are usually given sufficient roles, functions and authority to
represent the sovereignty of the people. Monitoring and balancing mechanisms
form this system. The DPD is relatively new compared to the Volksraad, which
has existed since 1918. Because he felt marginalized, his role, function and
authority had not been optimized during his initial period of office.
B.
Implementation of the Duties of
the Regional Representative Council Based on the Indonesian Constitution
The DPD is located in the nation's
capital and is parallel to other state institutions in the constitutional
system of the Republic of Indonesia such as the MPR, President, DPR, Supreme
Court, MK, and BPK, which in our constitutional system are considered high
state institutions.
DPD is based on two ideas:
democratization and efforts to accommodate local interests to maintain national
involvement. According to Sri Soemantri Martosoewignjo and Mochamad Isnaeni
Ramadhan, the formation of the DPD cannot be separated from two reasons. The
first is the need to democratize the membership of institutions so that all
voters can be involved. There are two reasons why the DPD replaced the MPR in
composition. First, demands for regional autonomy, which can lead to separatism
if not managed well. DPD was created to represent local communities (Al Atok, 2015) .
These two backgrounds can be seen from
the way in which changes to the 1945 Constitution are discussed. The focus on
the past, when most of the MPR members were appointed to support the MPR and
DPR, gave rise to demands that the people elect all representatives, the DPR
and the MPR.
The second DPD was established to
recognize the important role of regions in making national policies and
maintaining national integration. In the New Order era, the tendency to place
power at the center has led to inequality at the center and in places, which
has caused much disappointment and injustice throughout the region. The dangers
threatening the country's independence are increasing, which makes this problem
even worse. Several regions to leave the Republic of Indonesia. In addition,
Law 22 of 1999 provides broad, real and responsible autonomy.
Based on the 1945 Constitution of the
Republic of Indonesia, the Regional Representative Council is designated as a
high state institution with legislative functions equivalent to the DPR.
Basically, the function of the DPD is to involve regions in making public
policies and improve relations between the center and regions to strengthen the
integrity and unity of the Republic of Indonesia. However, the DPD is clearly
experiencing obstacles in carrying out its functions because, according to
paragraphs (1) and (2) of Article 22D of the 1945 Constitution of the Republic
of Indonesia, the authority of the Regional Representative Council is still
lacking. In addition, this hinders the desire to implement a system of checks
and balances in parliament.
It is very important for the DPD to
improve its functions to maximize its role as regional representatives in
national policy making. The aim of strengthening the function of the DPD is to
maintain regional trust in the central government, which is an important
component for maintaining the integrity of the Republic of Indonesia.
CONCLUSION
The Regional
Representative Council (DPD) in Indonesia plays a significantly limited role
within the constitutional framework. According to the 1945 Constitution, it
functions primarily to submit proposals, participate in discussions, and
supervise specific laws, especially those concerning regional autonomy. Despite
being designated as a high state institution with legislative powers equivalent
to the DPR, the DPD faces considerable challenges in fulfilling its mandate to
integrate regional perspectives into national policy-making. These obstacles
stem from its restricted authority under Article 22D (1) and (2) of the
Constitution, which hampers efforts to establish effective parliamentary checks
and balances.
REFERENCES
Akbar, MS (2018). The Role of the Regional Representative
Council in the National Legislation Program: A Study of the Role of the DPD in
Conveying the Aspirations of the People of West Java Province . Indonesian
education university.
Akbar, P. (2013). State Institutions According to the 1945
Constitution of the Republic of Indonesia . Sinar Graphics Publishers.
Al Atok, AR (2015). The concept of forming statutory
regulations: theory, history, and comparison with several bicameral countries .
Equivalent Press.
Aldi Putra, A. (2022). The Urgency of Determining the
Outline of State Policy by the People's Consultative Assembly in the State
Government Administration System . Jambi University.
Asshiddiqie, Ji. (2002). Consolidation of the 1945
Constitution Text After the Fourth Amendment, Jakarta: Center for
Constitutional Law Studies, Faculty of Law, University of Indonesia.
Constitution of 1945. In Journal of Legality , 10 (1).
Fitri, RR, & Sihombing, ENAM (2019). Juridical Study of
the Authority of the People's Consultative Assembly in Determining National
Development Plan Policy. Restitution: Journal of Legal Studies Students ,
1 (1), 41�62.
Handoyo, BHC (2018). The essence of the existence of the
Regional Representative Council in post-reform decentralized democracy in
Indonesia . UAJY.
Ilham, PN, & Prihatmadja, D. (2008). The Position of the
Regional Representative Council in the Indonesian Constitutional System. Lex
Journalica , 5 (2), 17965.
Kadir, A. (2004). Law and Legal Research, Bandung: PT. Aditya
Bakti's image .
Lijphart, A. (1999). Patterns of democracy: Government
forms and performance in thirty-six countries . Yale university press.
Marzuki, PM (2009). Empirical Legal Research. Jakarta:
Kencana Prenada Media Group .
Pakpahan, M. (2015). Strengthening the Authority of DPD RI in
the Field of Supervisory Functions. To-Ra , 1 (3), 207�214.
Utami, B. (2022). The Position of the Regional
Representative Council of the Republic of Indonesia in the Indonesian
Constitutional System from the Siyasah Dusturiyah Perspective . UIN
Fatmawati Sukarno Bengkulu.
Zoelva, H. (2013). Problems of resolving disputes over
post-conflict regional election results by the Constitutional Court. Constitutional
Journal , 10 (3), Zoelva-Zoelva.
Zulkarnain, N. (2019). Siyasah Dusturiyah's analysis of
the authority of the Regional Representative Council (DPD) in the Legislation
process according to Law Number 17 of 2014 . IAIN Padangsidimpuan.
|
Copyright holder: Maximus
Dorisara (2024) |
|
First publication right: |
|
This article is licensed under: |