Bicameral System Research Articles

제1공화국 후반기 자유당-민주당 갈등과 양원제 실현 논쟁

This paper examines the debate between the Liberal Party and the Democratic Party on bicameralism from 1956 to 1960, explaining why the realization of bicameralism failed. Bicameralism was adopted in 1952, but it was not realized. This gap between the constitution and reality became a major issue after the 1956 presidential election. When Liberals proposed a parliamentary amendment, Democrats opposed it and argued for the reinstatement of bicameralism, accusing Liberals of ‘unconstitutional’ neglect of bicameralism. After dropping the amendment, Liberals and Democrats enacted election laws for both the lower and upper houses. But after their defeat in the general election of 1958, Liberals claimed the futility of bicameralism. Democrats, on the other hand, urged the organization of the upper house, convinced of victory in the election. A massive dispute on bicameralism was violently ended, when Liberals used force to neutralize the enforcement deadline of the election law of the upper house. No further debate on bicameralism ensued in any degree of seriousness, and a bicameral system was not realized in ROK until the collapse of the Syngman Rhee regime.

Fungsi Legislasi Dewan Perwakilan Daerah dalam Pembentukan Undang-Undang

Legislation function owned by DPD is still limited, it shows the weak position and role (position and function) of DPD when compared with DPR. DPD does not have the authority to form laws together with DPR and the President and has no authority in setting the state budget. The formulation of the problem in this study are: (1) How is the legislative function of the House of Regional Representatives in the formation of the Act? (2) What is the ratio of the legislative function of the House of Regional Representatives that is different from the House of Representatives? This research is a normative juridical research which can be interpreted as a library legal research conducted based on literature or secondary data. In other words, this research is library research (library reseach), meaning that this research is conducted by reading works related to the issues to be studied and then containing a study of the research. The results of research and discussion show that: (1) The legislative function of DPD has a major role in the formation of the Act at the stage of discussion and ratification. At the discussion stage, although its participation is limited to level 1, DPD provides input and consideration of the bill relating to regional autonomy, central-regional relations, and management of economic and natural resources. Furthermore, at the stage of ratification, a joint agreement between DPR and the President strengthens the status of the bill into law. Although DPD can provide input and consideration of some bills, the final decision remains in the hands of DPR. This confirms that the main role of DPD is more as an advisory body in the legislative process. DPR has greater power than DPD in the formation of the Act, with the authority to take the final decision. Thus, although DPD has an important role in certain aspects of the formation of the Act, the main power and final decision remains with DPR. (2) Comparison of legis ratio between DPD and DPR has different representation. DPD represents the interests of the region directly, while DPR represents the interests of the people through political parties. DPD is present to accommodate regional aspirations that are not always represented by DPR. This reflects that the legislative role of DPD has significant limitations. DPD should function as a mechanism of checks and balances in Indonesia's bicameral system. However, due to its limited authority, the implementation of this function has not been optimally realized. Thus, although DPD has an important role in representing regional aspirations, the differences in authority and rights between DPD and DPR cause their position to be unbalanced in the legislative process.

지역소멸의 위기에 따른 민주주의의 약화와 대응 방안

In today’s Korean society, the crisis of rapid decline in local population, coupled with a decreasing population, poses one of the biggest challenges in preparing for future generations. Moreover, the issue of rapid decline in local population may present a significant threat to democracy, a foundational principle of the Constitution, beyond just being a concern at the level of industrial or administrative policies for balanced regional development. This article points out that democracy is also weakening due to the crisis of rapid decline in local population, and proposes solutions in terms of the implementation of democracy, focusing on institutions such as elections, political parties, and direct democracy. Firstly, from the perspective of localities and regional populations, there are issues with the proportionality of electoral districts and regional representation. As an extreme imbalance in population between metropolitan and non-metropolitan areas forms, the citizens of the latter experience weakened representation in the election of their legislators, leading to the emergence of large electoral districts or the abnormal setting of a single district for areas lacking regional homogeneity or community cohesion. Under the current small constituency plurality system, maintaining strict population proportionality presents a difficult challenge to overcome. To harmonize the proportionality of electoral district populations with regional representation, considering a constitutional amendment to transform the unicameral legislature to a bicameral system where the upper house has regional representation, or adopting a regional proportional representation system for legislative elections, are potential institutional changes that should be explored. Secondly, recognizing regional political parties as a way to promote local democracy could help enhance local political autonomy. Current Party Law recognizes only national parties, and the Constitutional Court has upheld these provisions. However, the essential function of a party is to participate in the formation of political will of the people, which does not necessarily have to be nationwide. Recognizing regional parties could bolster local democracy and should be considered for enhancement. Thirdly, in response to regional issues more actively and flexibly, the diversification of local government structures should be actively recognized, and strengthening direct democracy measures is necessary to address issues in areas experiencing extreme population decline.

Student migration, transnational knowledge transfer, and legal and political transformation in Georgia

ABSTRACT In contrast to the other papers in this special issue, this paper reflects a specific case of co-agency between states and individual migrants, particularly students and alumni networks. Based on a qualitative case study with 29 Georgian students and 14 institutions and organizations, this paper explores the impact of Georgian alumni on polity building in Georgia. Here we can observe two phases: Firstly, the states of Georgia and of Germany act as co-agents by facilitating migration to young Georgian students by financing their studies in Germany (student scholarships) with the objective that the students return and transfer their knowledge to the country of origin. Subsequently, the Georgian alumni who studied law in Germany act as co-agents between different institutions in both countries. In doing so, they transform state institutions by themselves and contribute to the development of the legal and political system in Georgia. They do that particularly in such important legal fields like constitutional law, civic law, and criminal law, but also in the creation of parliamentarism based on a bicameral system or the promotion of separation of church and state in Georgia. That takes place after return migration as well as from Germany through transnational networks and mobility.

Democratic Political Law in Indonesia After Amendments to the 1945 Uud

Purpose: The purpose of this research is to find out the implementation of democracy before and after the amendment of the 1945 Constitution. Method: This research uses descriptive normative research methods, normative legal methods in research conducted by researchers by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Results and Conclusion: Amendments to the 1945 Constitution brought about changes in the configuration and status of the Indonesian People's representative institutions. Before the adjustment to the chamber system in Indonesia, this country adhered to a unicameral system where the People's Consultative Assembly held supreme power as the highest state institution and guardian of people's sovereignty. After the amendment to the 1945 Constitution, the People's Consultative Assembly of the Republic of Indonesia underwent a transformation, from an institution that holds the sovereignty of the people to a state institution that is on par with other leading state institutions. Apart from that, the results of the revision of the 1945 Constitution also increased the role of the DPR, especially regarding legislative capacity. The inclusion of the Regional Representative Council (DPD) under the People's Consultative Assembly, alongside the People's Representative Council (DPR) in a parliamentary system, can be linked to the constitutional amendment to the 1945 Constitution. This amendment aims to establish a bicameral system in Indonesia, with the basic aim of encouraging checks and balances between state institutions.

Assessing the Probability of Affirmative Action Women’s Quota for Members of the Regional Representative Council (DPD)

Gender quota policies for women in parliament or politics worldwide have developed since the 1990s. Indonesia applies this policy to the House of Representatives (DPR) as a political representation with a 30 (thirty) percent quota. As a fellow national parliamentary institution that is part of the People's Consultative Assembly (MPR), it turns out that there is a policy vacuum for DPD institutions. The vacuum, in addition to illustrating discriminatory practices, can potentially result in a very minimal representation of women in the institution. This study aims to assess the probability of implementing a similar policy for DPD institutions or provide other recommendations that are more appropriate. This research used normative legal research that uses the statute approach, conceptual approach, and comparative approach. Our data is obtained from a literature study and will be analyzed qualitatively. The results of this study, based on the consideration of nomination inequality and patriarchal culture, comparison of other countries, DPD as part of the MPR, Indonesia's bicameral system, and the correlation of Regional Representation and Women's Issues in Indonesia; DPD has several important and relevant arguments for implementing affirmative gender quota policy. However, against these considerations, there are also arguments that are not important and irrelevant, have no significant impact, or are impossible to apply, which is a challenge to implement affirmative policies such as DPR. Therefore, the most appropriate recommendation for DPD is simply through more massive socialization of candidacy by the General Election Commission (KPU) so that the legal culture in the form of awareness of the existence of female DPD members will grow and concerns about the lack of female DPD members can be prevented.

Comparing and Contrasting Bicameralism in Britain and Pakistan: An Analysis

The parliamentary form of government is one of the systems to govern the states among many other systems that developed over the process of centuries, evolving from social contracts, customs to traditional linkages, reaching, finally, at modern state system. It can further be divided into single national parliament (Unicameral) and a system consisting of two houses (Bicameral). Having diverse systems of governance, every state is working to keep peace and stability and create a progressive society that can ultimately attain a better world to live in. Pakistan got its independence in 1947 and adopted the Westminster system of governance which Britain had attained after a process of centuries since the signing of Magna Carta on June 15, 1215. Pakistan has been in struggle since its inception for a viable system of governance starting from a constitution borrowed from the Government of India Act 1935 to its own constitution approved in 1973. It shifted from a unicameral system of government to a bicameral federal state system but still a lot more is required to attain a democratic form of government that can respond to the local challenges. Keeping the bicameral system of Britain in view, the present study is planned to compare it with that of Pakistan to create a better understanding of parliamentary system of both states.

Regional Representative Council in the Indonesian State Governance System: A Study of the Bicameral System

This study aims to examine and analyze the authority of the DPD in the law-forming process based on the bicameral system. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the DPD members possess strong political legitimacy, because members of both chambers within the legislative branch are elected through the electoral process in Indonesia. However, no provision in the legislation grants the DPD a legislative function. Instead, the DPD holds limited authority in the law-forming process, only able to propose, participate in discussions, and provide considerations to the DPR over draft laws. In comparison, Indonesia’s DPD has significantly more limited authority than senates in other countries with bicameral systems. Additionally, several perspectives, paradigms, and differentiating factors help explain the reasons and objectives behind implementing bicameral systems. Therefore, it is recommended that stakeholders understand the various perspectives, paradigms, and differentiating factors that explain the reasons and objectives behind implementing bicameral systems in other countries. This understanding aims to enhance the authority of the DPD as a legislative power within the Indonesian state governance system. This understanding can also serve as a consideration for stakeholders in amending the 1945 Constitution, Law Number 17 of 2014, and Law Number 12 of 2011. In this context, the legislative function in a bicameral system refers to forming and ratifying laws by both chambers within the legislative branch. Consequently, Indonesia’s bicameral system can become more effective, responsive, and inclusive, ultimately promoting a more democratic and stable state governance system in the future.

Contemporary Parliamentary Government and Bicameral System in the United Kingdom

Contemporary Parliamentary Government and Bicameral System in the United Kingdom

Die Schweizerische Bundesversammlung: Ein Parlament in einer Konsensdemokratie

The political system of Switzerland is a decentralized, federalist, multiparty-system in which power-sharing plays an important role . The separation of powers is strong, so that Parlia- ment (Federal Assembly) assumes its functions independently from the executive . The Fed- eral Assembly, consisting of the National Council and the Council of States, plays an important role especially in the law-making process . The Parliament can debate and change every single article of a bill . Different alliances between the different parties supporting the proposals of the government or not can occur even during one single law-making process . The election of the members of the executive by the Parliament also enforces the position of the latter . In the second part of the last century different reforms improved the parliamen- tary instruments and procedures . Therefore, the Federal Assembly is now able to profit from its strong position in the political system and to influence the political decision pro- cesses in a considerable way . In the complex processes of the bicameral system, the mem- bers of Parliament have many opportunities to build alliances to influence the decisions . However, it is necessary that they are willing and able to make deals with members of other parties .

Studi Perbandingan Pelaksanaan Fungsi Legislasi oleh Dewan Perwakilan Daerah Dikaitkan dengan Teori Pemisahan Kekuasaan antara Indonesia dan Amerika Serikat

As a state of law, legislative power has an important role for Indonesia and the United States. Legislative power has the main function to form a law/law or what is commonly called the legislative function. The implementation of the legislative function in Indonesia and the United States has differences related to the implementation of the bicameral system and the separation of powers applied in each country. The bicameral system adopted in Indonesia is a weak bicameral system, which means it strengthens the position/authority of one institution over another. In Indonesia, the position and authority of the House of Representatives are greater and stronger than that of the Regional Representative Council as the second chamber, especially when it comes to the function of legislation. Meanwhile, in the United States, a strong bicameral system is applied in which the position and authority of the two chambers (House of Representative and Senate) in legislative power are equally strong and balanced, not biased. The weak authority of the Regional Representatives Council in the legislative function is also influenced by the poor application of the principle of checks and balances in the separation of powers in Indonesia. Therefore, there are several conditions that can be used as comparisons for the implementation of the legislative function in Indonesia and the United States, especially on the differences in the authority given to the institution concerned. The research method used is for normative research with comparative, legal and conceptual approaches. The research is based on the literature by reviewing problems from the doctrines of legal experts, legislation and other legal materials. The purpose of this study was to determine the differences in the implementation of the legislative function of the legislative body in Indonesia and the United States and to find out the relationship between the weak role of the Regional Representatives Council in the legislative function and the theory of separation of powers applied in Indonesia

Supervision of DPD RI in The Implementation of Regional Autonomy

In a bicameral system, Regional Representative Council of Indonesia (Dewan Perwakilan Daerah Republik Indonesia/DPD RI) acts as a regional representative institution that fights for regional problems. The authority of DPD RI is to supervise implementation of the law. The supervisory functions of the DPD RI are to monitor and supervise the government and public institutions, including the implementation of laws, regulations and policies. In this study the authors used a qualitative approach. The purpose of this study is to see the extent of supervision carried out by DPD RI on the implementation of regional autonomy carried out by Committee I. The author used strategies, analysis and relevant and important sources related to the supervisory function of the DPD RI on the implementation of regional autonomy. The author found that the authority of supervision and follow-up of the results of DPD RIs supervision on the implementation of regional autonomy is still very limited, there are supervisory problems starting from the relationship between DPD RI and the central government and local governments, human resources and supporting resources are inadequate, and the level of public confidence in DPD RI decreases.

Exosomes form tunneling nanotubes (TUNTs) in the blood-brain barrier: a nano-anatomical perspective of barrier genesis.

The blood-brain barrier (BBB) is a robust interface between the blood and the central nervous system. Barrier type endothelium is able to limit paracellular (PC) movement, relegating molecular flux to the transendothelial pathways of brain endothelial cells (BECs). It is, therefore, apparent that any leakage via the PC shunts would effectively nullify the regulation of molecular flux across the transcellular pathways. The application of higher-resolution scanning electron microscopy (HR-SEM) illuminates the heterogenous, morphological profile that exists on the surface of BEC membranes and the relationship between these ultrastructures during the molecular construction of the PC space between adjacent BECs. In this study developing BEC monolayers were grown on mixed, cellulose esters insert membranes in a bicameral system. BEC monolayers were fixed in 2.5% glutaraldehyde, hydrated, critically dried, and sputter-coated, for imaging utilizing HR-SEM. This study, for the first time, showed membrane-bound exosomes were attached to the plasma membrane surfaces of the BECs. The exosomes were characterized as small membrane-bound, nano-sized exosomes (30–300 nm). Based on their membrane morphology and anatomical structure, exosomes appear to possess two distinct functions, namely: paracrine secretion and nanotube construction between adjacent BECs, during in vitro barrier genesis. The HR-SEM micrographs in conjunction with the Tipifarnib inhibition of exosome formation, suggests that brain capillary endothelial exosomes play a prominent role in the bilateral signaling, which contribute to the regulation of the permeability of the BBB. Given that blood-brain barrier permeability has been implicated in the progression of many neurodegenerative pathologies, the role of these exosomes and TUNTs posits the capacity of these structures to exacerbate neuropathologies that implicate BBB permeability. These findings could lead to the development of novel treatment interventions and moreover, the characterization of BBB exosomes may be a reliable target for identifying therapeutic biomarkers in neurodegenerative disease. Conversely, the presence of BBB exosomes raises a critical enterprise to target the exosome-induced nanotubes as a vehicle for transferring therapeutic treatments across the BBB.

Determination of drug efficacy to dissolve cobalt oxide particles in cellular models: Towards a therapeutic approach to decrease pulmonary retention

Following accidental inhalation of radioactive cobalt particles, the poorly soluble and highly radioactive Co3O4 particles are retained for long periods in lungs. To decrease their retention time is of crucial importance to minimize radiation-induced damage. As dissolved cobalt is quickly transferred to blood and eliminated by urinary excretion, enhancing the dissolution of particles would favor 60Co elimination. We evaluated the ability of ascorbic acid alone or associated with the chelating agents DTPA11Diethylenetriamine-pentaacetic acid, DFOB22Desferrioxamine B or EDTA33Ethylenediamine-tetraacetic acid to enhance dissolution of cobalt particles after macrophage engulfment, and the drug effects on the translocation of the soluble species CoCl2 through an epithelial barrier. We exposed differentiated THP-1 macrophage-like cells and Calu-3 lung epithelial cells cultured in a bicameral system to cobalt and selected molecules up to 7 days. DTPA, the recommended treatment in man, used alone showed no effect, whereas ascorbic acid significantly increased dissolution of Co3O4 particles. An additional efficacy in intracellular particles dissolution was observed for combinations of ascorbic acid with DTPA and EDTA. Except for DFOB, treatments did not significantly modify translocation of dissolved cobalt across the epithelial lung barrier. Our study provides new insights for decorporating strategies following radioactive cobalt particle intake.

THE REGIONAL REPRESENTATIVE COUNCIL IN INDONESIA: A VIEW OF UNRESOLVED PROBLEMS

The Regional Representative Council in Indonesia was established as part of constitutional reform, and it is expected to be able to address current issues with regional aspirations absorption. The Regional Representative Council is still lacking in its presence as a State Institution after nearly 18 years of existence. This is due to the fact that Indonesia uses a Soft Bicameral System in the Legislative Chamber. The People's Representative Council wields more power in the Legislative process than the Regional Representative Council. This is evident from the Constitution's and other regulations' limited authority. It is critical to strengthen the Regional Representative Council's authority as a State Institution with equal standing to the People's Representative Council. Indeed, there is a double check on the draft law between the two Legislative Chambers under the Bicameral Concept. The goal is to achieve good legal formation. Furthermore, given the community's current social situation, it is necessary to monitor indigenous peoples' protection. The Regional Representative Council must be the first line of defense in the region, overseeing all aspects of life, including indigenous peoples

Mercury toxic effects on the intestinal mucosa assayed on a bicameral in vitro model: Possible role of inflammatory response and oxidative stress

Exposure to mercury (Hg) mostly occurs through diet, where it is mainly found as inorganic Hg [Hg(II)] or methylmercury (MeHg). In vivo studies have linked its exposure with neurological and renal diseases, however, its toxic effects upon the gastrointestinal tract are largely unknown. In order to evaluate the effect of Hg on intestinal mucosa, a bicameral system was employed with co-cultures of Caco-2 and HT29-MTX intestinal epithelial cells and THP-1 macrophages. Cells were exposed to Hg(II) and MeHg (0.1, 0.5, 1 mg/L) during 11 days. The results evidenced a greater pro-inflammatory response in cells exposed to Hg with increments of IL-8 (15–126%) and IL-1β release (39–63%), mainly induced by macrophages which switched to a M1 phenotype. A pro-oxidant response was also observed in both cell types with an increase in ROS/RNS levels (44–140%) and stress proteins expression. Intestinal cells treated with Hg displayed structural abnormalities, hypersecretion of mucus and defective tight junctions. An increased paracellular permeability (123–170%) at the highest concentrations of Hg(II) and MeHg and decreased capacity to restore injuries in the cell monolayer were also observed. All these toxic effects were governed by various inflammatory signalling pathways (p38 MAPK, JNK and NF-κB).

Egalitarian nationhoods: a political theory in defence of the voice to parliament in the Uluru Statement from the Heart

ABSTRACT The 2017 Uluru Statement from the Heart called for a constitutionally enshrined Voice to parliament, and a Makarrata Commission to supervise a process of treaty-making and truth-telling. The recommendations were rejected by the Turnbull government and appear unlikely to be implemented under a Morrison government. Initially, the main objection to the Voice from government MPs was that it would upset the balance of Australia’s bicameral system by creating a third chamber. Other concerns include the potential of an Indigenous Voice to divide Australians and create special privileges for a particular group. Drawing on Chaim Gans’ theory of egalitarian Zionism, this article introduces the idea of egalitarian nationhoods. It argues that the Voice does not provide privilege but equality in allowing First Nations to enjoy self-determination and collective rights, something most non-Indigenous Australians take for granted.

Representation in demoicracies. Contributions from Belgian federalism to the future of Europe

AbstractThis contribution assesses representation in the EU through the lens of demoicracy, focusing on how the demos and the demoi are represented and how this interacts with the executive‐legislative balance and party politics. As the Belgian polity is a living case for the EU but often as flawed as the latter when it comes to democratic standards of representation, we examine whether and how reform proposals for the Belgian polity can inspire future reforms at EU level. We demonstrate that the direction demoicracies should head for when strengthening democratic representation should include a balanced representation of the demos and demoi via a bicameral system, a polity‐wide constituency to represent the demos, involvement of the legislatives of the constituent units at the encompassing level, and a specific role for polity‐wide parties.

PERKEMBANGAN TEORI DAN PRAKTIK MENGENAI PARLEMEN DI INDONESIA

Abstract The idea of a parliament system continues to develop from time to time. There are many thoughts of constitutional law experts which later became the theoretical basis for the implementation of the parliament system in a country, including in Indonesia. Furthermore, the existence of representative institutions such as the MPR, DPR, and DPD based on the 1945 Constitution of the Republic of Indonesia, also become an academic discourse concerning what kind of parliament system used in Indonesian parliament. Therefore, it is necessary to examine the existing theories on the parliament system and how it implemented, especially in Indonesia. Based on the background above, this research aims to find out and understand the theories and experts thought on parliament, as well as to find out and understand the implementation of parliament system in Indonesia, viewed from the historical-judicial approach. Conceptually, the theories concerning parliament can be traced since the time of Ancient Greece. Moreover, several theories regarding parliament developed, such as accommodation of group interests in the parliament, and theory on division of parliament chambers. Regarding the implementation of parliament system in Indonesia, historically and judicially, it has its own dynamics, especially in the context of accommodation of group interests and the practice of parliament chambers’ division. For instance, in the early independence period and after the stipulation of 1959 Presidential Decree, the system reflected was unicameral, while during the 1949 Constitution of RIS period was bicameral system. Furthermore, after the amendment of the 1945 Constitution of Indonesia, there is also a discourse concerning the form of parliament division that applied, whether it was unicameral, bicameral, or tricameral. Intisari Ide mengenai Parlemen, cabang pemerintahan yang berkuasa membuat dan mengubah undang-undang, telah menjadi topik perdebatan bagi para sarjana sejak zaman dulu kala. Artikel ini bermaksud untuk menceritakan secara singkat tentang perkembangan konsep lembaga legislatif dan menjelaskan dinamikaperkembangan sistem parlemen di Indonesia dalam hukum konstitusi dari sudut pandang historis. Artikel ini menunjukkan bahwa Parlemen adalah institusi yang terus berkembang, dengan sistem bikameralisme yang tampaknya lebih cocok dengan sistem demokrasi perwakilan. Meskipun telah mempraktikkan sistem parlemen yang berbeda-beda dalam sejarahnya, sejak masa reformasi Indonesia lebih cenderung menganut sistem bikameralisme lunak.

SISTEM BIKAMERAL DI INDONESIA SEBAGAI FUNGSI LEGISLASI DEWAN PERWAKILAN DAERAH DITINJAU DARI PERSPEKTIF MASLAHAH

The Legislative Function of the Regional Representative Council The bicameral structure, especially in Indonesia, is viewed from a maslahah perspective. This study aims to analyze: (1) What is the legislative function of the Regional Representative Council in the bicameral system in Indonesia after the enactment of Law No.17 of 2014 concerning MD3, (2) What is the legislative function of the Regional Representative Council when viewed from the Maslahah perspective. This research is a type of normative legal research using two approaches, namely legislation and history. The statutory approach aims to examine in depth the various regulations governing the legislative duties and functions of the DPD, while the historical approach is used to understand the parliamentary system in Indonesia. After the data has been collected, the data is analyzed using descriptive analysis method which aims to describe the object under study in order to get a comprehensive picture. Furthermore, the data is analyzed based on maslahah theory using deductive methods because it analyzes through reasoning from a general form to achieve a special form. The results showed that: the legislative authority of the DPD which was originally expanded by the Constitutional Court in its decision No. 92 / PUU-X / 2012 apparently were not accommodated in the formulation of Law No.17 of 2014, this is evident in the MD3 Law that still contains several articles that again narrow down the constitutional authority of the DPD. If viewed from the maslahah perspective, the legislative functions of the DPD and Ahlul halli wal 'aqd in the Islamic constitutional system are very different. Although both have the same authority, namely in the field of legislation, the authority of Ahlul halliwal 'aqd is clearer and not as clear as the DPD legislation, besides that the DPD has not been placed equal to the DPR and the President in exercising its authority as a legislative institution especially after the enactment of Law No. .17 of 2014.