Legislative Functions Research Articles

The preparation of the budget planning of the Rembang regency local government

The function of the Regional People's Representative Council (DPRD) is manifested in 3 (three) things, namely: the legislation function, the budget function, and the supervisory function. In particular, the function of the district/city DPRD is regulated in Article 149 paragraph (1) of Law Number 23 of 2014 concerning Regional Government (hereinafter referred to as the Regional Government Law) which states that the district/city DPRD has the function of forming district/city Regional Regulations, budgets, and supervision. Problem 1. What is the effectiveness of the main points of thought in the preparation of budget planning in Rembang Regency? 2. What are the factors that affect the effectiveness of the main points of thought in the preparation of budget planning in Rembang Regency? This research is categorized as an empirical (non-doctrinal) legal research that mainly examines the position of the main points of thought of the DPRD in the Rembang Regency RKPD by comparing the situation in the field with the laws and regulations (statute approach). The results of the study show that the effectiveness of the DPRD's Points of Thought in the preparation of budget planning in Rembang Regency is highly dependent on the synergy between the DPRD, the local government, and the community. As an instrument of representation of community aspirations conveyed through members of the DPRD, the Principles of the DPRD plays an important role in ensuring that the needs and priorities of the development of the Rembang community are accommodated in the Regional Revenue and Expenditure Budget (APBD), so that the Principles of the DPRD can function optimally, a mechanism that is well coordinated with the results of the Development Plan Deliberation (Musrenbang) is needed, so that there is no overlap in programs. 2. Factors that affect the effectiveness of Points of Thought (Pokir) in the preparation of budget planning in Rembang Regency are very diverse and interrelated. First, the quality of community participation is a key factor. The high participation of the community in the process of collecting aspirations through the Development Plan Deliberation (Musrenbang) will produce Pokir that is more relevant and in accordance with real needs in the field.

Key to successful legislation on the role of professional commitment, organizational behavior and understanding of legislation

This study aims to examine the effect of Professional Commitment (X1) and Organizational Citizenship Behavior (X2) on Legislative Function Performance (Y) through Legislative Function Understanding (Z) as a mediating variable among members of the South Kalimantan Provincial DPRD. The research method uses a quantitative design with mediation analysis. Data were collected from 117 DPRD member respondents using a questionnaire that was tested for validity and reliability. The results of the analysis showed that X2 did not have a significant effect on Y (p-value = 0.089), while X2 had a significant negative effect on Z (p-value = 0.000). On the other hand, X1 showed a significant negative effect on Y (p-value = 0.000), but was not significant on Z (p-value = 0.337). Legislative Function Understanding (Z) did not function as a mediator between X2 and Y (p-value = 0.882) and between X1 and Y (p-value = 0.905). These findings emphasize the importance of increasing the professional commitment of DPRD members and paying attention to organizational citizenship behavior in an effort to improve legislative performance, while also showing that understanding the legislative function does not strengthen the relationship between independent and dependent variables. Further research is needed to explore other factors that may affect legislative performance.

Mechanisms for Control of the Executive by the Bundestag

One of the functions of the representative body, alongside the legislative function, is the control function. It is a very important element of parliamentary-cabinet rule, and the way it is carried out, the instruments of scrutiny and the possibility for opposition factions in particular to use them are one of the pillars of a democratic state. Among the control mechanisms found in German law, are, among others, discharge, committees of enquiry, big and small questions, and questions to the government. The wide range of scrutiny instruments and the procedural arrangements that allow opposition representatives to use them enable the Bundestag, committees and members of the legislature to exercise effective scrutiny of the federal government’s activities.

Development in Parliamentary Oversight of Government Work in Light of the 2020 Constitutional Amendment (Algeria)

In most comparative law systems, the role of parliament is not limited to issuing various types of legislation and improving the legislative framework. It goes beyond its fundamental function of legislating to include another important role: oversight, specifically the restraining role over the actions of government members in certain cases defined by the Constitution. Parliament exercises this oversight role alongside its legislative function. It is also important in maintaining public interest and evaluating the government’s work by questioning its members on the progress and execution of agreed-upon projects. Referring to the Algerian system, we find that the Algerian Parliament, which consists of two chambers—the National People’s Assembly (APN) and the Council of the Nation—exercises oversight over the government’s actions. The first chamber, the APN, primarily does this. Consequently, this type of oversight may sometimes lead to political accountability, which can result in either the resignation of the Prime Minister or the dissolution of the first chamber of parliament. These mechanisms include the motion of censure and the interpellation process.

형사실체법에서 법익개념과 피해자의 지위 - 해악의 원칙: 형사입법의 제한에 피해자는 기여하는가?

The principle that there is no crime without legal interest to protect serves to set the limits of criminal legislation. In such a theory centered on the legal interest, it is not known what function the victim performs in the criminal law. However, in the criminal law regulations protecting individuals, the victim's traces appear in that the person attributing legal interests is the victim, and it is not an active marker of the criminal law. Here is looked at whether the areas that are difficult to solve with the theory of legal interest can be supplemented with the principles of common law system. The “Harm to Others Principle,” which the state sees as the most legitimate purpose of restricting individual freedom to prevent acts of harm to others, presupposes the existence of the victim. Next, Offense theory is a theory that the state's penal intervention becomes possible when the infringement of an individual's special feelings is accepted as a serious infringement beyond the subjective tendency, unlike the moral or ethical violation as a common behavior of a community. While debating whether personal legal interests and ecological or functional- human-centered legal interests should interpret legal interests centered on human interests or expand them beyond that, it was confirmed that the principle of harm and its derivative principle could be solved simply but more clearly. If the principle of harm is accepted, the victim can be determined in any way and the criminal substance law can be restricted centered on the victim, because it can have the effect of limiting the area of crime through crimes of harming interests by determining the category of harm. On the other hand, it was also examined that while the existence of the victim may perform a systematic critical function of restricting criminal legislation on the one hand, there is a concern that excessive crime may be expanded by interpreting and expanding the existing criminal constituent requirements in interpretation centered on the victim. Of course, even if the principle of harm is accepted, judgment based on an individual's subjective emotion of pleasure or displeasure still cannot be a complete solution in that there is a concern of arbitrary interpretation. This paper would be liked to terminate without concluding what is reasonable. Instead, would like to replace the conclusion with the effect that it is necessary to rethink the basis of “what” criminal law should be legislated clearly.

Ukraine’s Parliament during Wartime: Balancing Security and Transparency

Abstract The article examines the challenge of balancing security restrictions with the need for transparent and democratic legislative functioning. It begins by highlighting the importance of transparency and its relationship with democracy and good governance. Using Ukraine as a case study, the article reviews the open data and other transparency measures employed by Ukraine’s Parliament before the onset of the full-scale Russian aggression on February 24, 2022. It then discusses the limitations imposed on these measures following the declaration of martial law, the ensuing public debate, and subsequent modifications to specific transparency restrictions. Through concrete examples, the paper argues that a lack of transparency and the failure to balance security limitations with public demand for openness can undermine the parliament’s legitimacy and constitutional authority. The article concludes that security measures must be proportionate and regularly updated to preserve the integrity of parliamentary democracy and the constitutional role of the parliament.

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.

Legislative Function of the House of Representatives of the Republic of Indonesia in the Transition Period of Lame Duck Session Perspective of Maslahah Mursalah

Legislative Function of the House of Representatives of the Republic of Indonesia in the Transition Period of Lame Duck Session Perspective of Maslahah Mursalah

Moral Values and Progressive Judgess Position in Law Enforcement in the Indonesian Judicial System

Morals and the legal system in Indonesia correlate with forming laws in Legislative Regulations (legislators) and should make Pancasila values fundamental values or the source of all sources of law, bringing consequences for the makers of Legislative Regulations to become guides and guidelines in conducting legislative function. Ironically, the legislators show paradigmatic problems and a crisis of ethical awareness in the formation and enforcement of laws in Indonesia. This article examines the position of moral and progressive judges in the administration of justice in Indonesia. So what emerges is legal development and law enforcement that is stagnant, centralized, corruptive, very far from divine and humanist values, and far from achieving social justice, so that it will give birth to decisions that are effective and based on law in society and have social justice because law for humans, not humans for law and realizing substantive justice. In the practice of the judicial system, many judges decide cases progressively. It can be seen in the addition of Angelina Sondakh's sentence by Judge Artidjo Alkostar at the cassation level.

An assessment on the competencies in local governance among the punong barangays in the Municipality of Hadji Panglima Tahil, Province of Sulu

The study evaluates the competencies of Punong Barangays in Hadji Panglima Tahil, Province of Sulu, in terms of delivery of basic services, executive functions, and legislative functions during the Fiscal Year 2023. The study involved 100 respondents, mostly female, married, aged 31+, with high school education and an average monthly income of 5,001-10,000. With 100 samples taken through non-probability sampling method via purposive sampling, and with the use of weighted mean, standard deviation, t-test for independent samples, One-way ANOVA, and Pearson’s r the findings indicate that Punong Barangays are generally competent in their duties and functions. The study supports the Antal Szerletics, Gerry Stoker, and B. Guy Peter’s model, which emphasizes the importance of establishing a good governance structure to guide and manage sustainability and responsibility. This structure allows leaders to set direction, establish goals, and create policies to execute strategies. Good governance can be conceived as a basket of practices, including professional civil service, anti-corruption policies, transparency and accountability, democratic decision-making, the rule of law, protection of human rights, and independent judiciary. The findings suggest that the Punong Barangays in Hadji Panglima Tahil, Province of Sulu are competent in their duties and functions, with age, gender, average monthly income, and educational attainment not significantly mediating their assessment of competencies.

Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration

<div class="WordSection1"><p>Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed. Several laws have been passed and amended quickly. This study discusses three legal issues. <em>First,</em> the conceptual limitation of fast-track legislation in Indonesia. <em>Second</em>, the rationale behind fast-track legislation under Joko Widodo's administration. <em>Third</em>, the impact of fast-track legislation under Joko Widodo's administration. In this <em>socio-legal</em> study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through <em>Perpu</em> with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.<em></em></p></div><p><em><br clear="all" /></em></p>

The Influence Of Apparatus' Work Attitudes On The Implementation Of The Legislation Functions Of Council Members In The Sekretariat Dewan Perwakilan Rakyat Daerah Kabupaten Bone Bolango

This research aims to determine the magnitude of the influence of apparatus work attitudes on the implementation of the legislative function of council members at the Secretariat of the Regional People's Representative Council of Bone Bolango Regency. This research uses a quantitative approach with a survey method. The survey research in question is to explain causal relationships and test hypotheses. The number of samples in this study was 25 people. The data analysis method uses simple regression analysis. The results of the research show that the work attitude of the apparatus influences the implementation of the legislative function of council members at the Secretariat of the Regional People's Representative Council of Bone Bolango Regency. This means that the working attitude of the apparatus can support the implementation of the legislative function of council members.

Optimalisasi Peran DPRD dalam Pembentukan Peraturan Daerah di Kabupaten Tanjung Jabung Barat

Indonesia has thousands of regulations issued by both the central government and regional governments. Regional regulations were born from the design of regional autonomy which was formed based on the freedom and independence of regions to manage their own households. The essence of the formation of regional regulations is aimed at providing protection and welfare for the community. However, it cannot be denied that there are still many regional regulations that are problematic both in terms of quality and quantity. One of the reasons why many regional regulations are problematic is that regional governments and DPRD are less than optimal in carrying out the legislative functions attached to them. So, to solve this problem, it is necessary to optimize the role of the DPRD in forming regional regulations. This research is empirical juridical research that uses a descriptive approach. The population and sample for this research is the DPRD of West Tanjung Jabung Regency. The purpose of this research is to provide an understanding of the implications of Law Number 13 of 2022 concerning Regulations for the Formation of Legislation on existing Regional Regulations as well as understanding the formation of Regional Regulations using the omnibus law method and it is hoped that this can become evaluation material for the government to overcome the problem of too many regulations (overregulated), overlapping (overlapping). The results of this research are that in an effort to overcome a number of problematic regional regulations, the omnibus law method is a new breakthrough in structuring regional regulations. Structuring regional regulations using the omnibus law method will be more effective and efficient in simplifying the formation of regional regulations and development, producing quality regional regulations and making the implementation of regulations more effective.

The deteriorating legislative role of the legislature in multilevel democracies. Case of Poland

ABSTRACT Poland is a case of a state in which the role of legislative bodies in the political system has been gradually reduced at the various levels – national, regional, and local. Recently, this process has been related to executive aggrandisement observed in Poland, but the roots of this phenomenon can be traced back to the political transformation of this country observed after 1989. At the national level, the deteriorating legislative role of parliament manifests itself in four general processes: (1) The executive power treats the Sejm (lower chamber) as a subordinate institution. This involves formally introducing laws forced by the government in the form of proposals written by members of parliament (MPs) (as a way to shorten the legislative process and limit public consultations required by law); (2) Speeding up of parliamentary works – the Sejm is treated as a voting machine and not as a forum where debates and discussion take place; (3) Public consultations are superficial and the regulatory assessment impact is minimal; (4) The influence of the opposition on legislative processes is reduced to almost zero. Similar processes can be observed at the regional and local levels. The subnational legislative bodies are often under the control of executives. Instances of voting with no or limited discussions (favouring the governing majority) can be sometimes observed during the sessions of local and regional councils. This paper analyses the weakening of the legislative function in Poland at different levels, using a qualitative approach and data from desk research, media analysis, in-depth individual interviews and focus group interviews.

The Judicialisation of Parliamentary Privilege in Canada: A Cautionary Tale

Over the past few decades, Canadian courts have exerted strong influence over the meaning and operation of parliamentary privileges. Starting with a television producer’s Charter rights claim to access a provincial legislature’s public gallery and followed by an employment law claim made by the chauffeur to the Speaker of the House of Commons, the Supreme Court of Canada has articulated an approach under which judges closely scrutinise privileges invoked by legislatures when defending themselves against litigated claims. By applying the doctrine of necessity, Canadian courts make authoritative rulings on what counts as a valid legislative function and the processes and activities needed to fulfil those functions. Canadian courts also require the scope of parliamentary privileges to be pleaded in narrow terms that correspond to the details of a plaintiff’s claim, which has resulted in a hollowed-out conception of privilege over time. In scrutinising the necessity and scope of privilege, Canadian courts have chipped away at the separation of powers. Further, the Canadian approach unjustifiably prioritises the judicial vindication of private rights over the institutional needs of the legislature. Courts in other jurisdictions should reject the Canadian approach and avoid scrutinising the propriety of the exercise of privilege through a necessity test. Instead, courts should engage in a more limited jurisdictional test to confirm the availability of a relevant category of parliamentary privilege in law or historical practice. Judicialising parliamentary privileges weakens the autonomy and vitality of legislative institutions, with the Canadian approach serving as a cautionary tale. Ultimately, the legislature is accountable to the electorate for the exercise of its privileges. To promote fairness and reduce the risk of court interference, parliaments should strengthen the accountability and transparency associated with the exercise of their privileges, including by developing guidelines for their appropriate use.

Legislative Function of the Second Chamber of Parliament of Poland Against the Background of the Solutions of Czech Republic and Romania: de lege lata v. de lege ferenda

Legislative Function of the Second Chamber of Parliament of Poland Against the Background of the Solutions of Czech Republic and Romania: de lege lata v. de lege ferenda

PERBANDINGAN DEWAN PERWAKILAN RAKYAT DI INDONESIA DAN HOUSE OF REPRESENTATIVE DI AMERIKA SERIKAT DALAM MELAKSANAKAN FUNGSI LEGISLASI

The House of Representatives based on the 1945 Constitution of the Republic of Indonesia has a role as a law-drafting body (legislation). The existence of people's representative institutions in this democratic country is needed to keep people's power from being abused. As a democracy, the United States also has a legislative institution. The bodies that hold legislative functions in the United States constitution are the Senate and the House of Representatives. The problem of this research is to analyze the similarities and differences in the function of legislation owned by the House of Representatives of the Republic of Indonesia and the House of Representatives in the United States This research uses normative legal research methods with descriptive sifay to analyze secondary data, which is then used to draw conclusions through deductive methods. The result of this study is the similarity in the function of legislation, these two institutions both have the function to draft and approve draft laws. The difference in the legislative function of the two is that the DPR has several stages in drafting and approving laws.

Kewenangan DPRD Dan Kepala Daerah Dalam Menetapkan Peraturan Daerah

The Regional People's Representative Council (DPRD) of Kuningan Regency plays a crucial role in the formation of Regional Regulations, as stipulated in Article 41 of Law Number 32 of 2004, which mentions the functions of legislation, budgeting, and supervision for DPRD. However, in practice, DPRD tends to propose fewer Regional Regulations than the regional heads each year. Based on this, this research aims to assess the implementation of the authority held by the DPRD of Kuningan Regency based on Law No. 12 of 2011 and Regional Regulation (Perda) of Kuningan Regency No. 21 of 2013 concerning the Guidelines for the Formation of Local Legal Products. Additionally, the objective of this research is to understand the fiqih siyasah perspective on the authority of the DPRD and the Regional Head of Kuningan Regency in forming Regional Regulations. This field research employs an empirical juridical approach using data collection methods such as observation, interviews, and documentation. Data analysis involves processing, presenting, and verifying the gathered information. The findings indicate that the determination of Kuningan Regency's Regional Regulations is achieved through the agreement between the DPRD and the Regional Head. Thus, both the DPRD and the Regional Head have equal positions in establishing Regional Regulations. However, the implementation of the DPRD's authority to form Regional Regulations has not been optimal. During the period 2020-2021, Regional Regulations were predominantly proposed by the Regional Government. From a fiqih siyasah perspective, such authority should be held by a representative institution capable of channeling the aspirations of the community.

THE NATURE OF THE SUPERVISION OF THE COUNCIL OF REPRESENTATIVES ON THE FUNCTION OF LEGISLATION IN INDONESIA

<table width="574" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="366"><p><em>The House of Representatives is the holder of legislative power, which is expected to be able to produce quality legislative products in accordance with the legal needs of the community. However, the reality was the opposite of what was expected, resulting in public rejection. so that a judicial review must be submitted to the Constitutional Court.</em><em> </em><em>The purpose of this article is to find out how the nature of supervision of the council of people's representatives on the functions of law in Indonesia</em><em>. </em><em>The research method used is a normative legal research method with a qualitative approach to provide a descriptive explanation.</em><em> </em><em>The results of research analysis related to the nature of the DPR's oversight of the legislative function in Indonesia indicate that the supervisory function consists of the legislative function, democratic values, the value of balance, the value of truth, the value of benefits, and the principles contained in the DPR's supervisory function.</em></p><p><em> </em></p></td></tr></tbody></table>

Decrease in the function of the people’s representative council of the republic of Indonesia in the policy of relocating the archipelago’s capital city

Various problems will arise regarding the transfer of the national capital from Jakarta to Kalimantan Province after the passing of Law Number 3 of 2022 concerning the new national capital. The legislative function of the House of Representatives is very minimal regarding the formation of the New National Capital Law. This research analyses the minimal legislative function of the House of Representatives in the policy of relocating the new state capital. This research uses a qualitative approach method. The data-collection technique used in this research is based on a literature review. The results of this research show that the presidential executive body is more dominant in formulating policy rules for relocating the new capital city. The House of Representatives, as a legislative institution, has not yet optimally carried out its role in providing input and monitoring the policy regulations for relocating the archipelago’s capital city. The House of Representatives did not optimally carry out its supervisory function, especially in using the right of inquiry to review the negative impact of the policy on nature conservation. The House of Representatives has also not yet fully investigated the certainty of the projected revenue achievement of the development budget sources for the archipelago’s capital, the total budget of which reaches IDR 466 trillion. Keywords: capital of the Archipelago; check and balance; right to inquiry of the house of representatives.