Legislative Functions Research Articles

Legislative Functions of the House of Representatives in the Perspective of the 1945 Constitution of the Republic of Indonesia

All the objectives of the State are specified in the constitution or essential law of the State as expressed in the Prelude to the 1945 Constitution of the Republic of Indonesia (1945 Constitution), which is contained in the fourth passage which states: 1) safeguard the whole Indonesian country and Indonesia's slaughter; 2) advance public government assistance; 3) teach the existence of the country; and 4) take part in completing world request. In particular, in the 1945 Constitution, the scope and definition of the law are not very clear. Article 20 of the 1945 Constitution only mentions the authority of the DPR to make laws by mutual agreement with the government. Article 24 C paragraph (1) only stipulates that the Constitutional Court has the authority to review laws against the constitution. The lack of clarity over the legislative function of the DPR, causes the State to need to make a standard rule regarding the Law on Procedures and Mechanisms for Forming Legislation. In Indonesia, there have been several regulations regarding arrangements for the Formation of laws and regulations, namely TAP MPRS Number XX/MPRS/1966 concerning Sources of Orderly Law, TAP MPR Number III/MPR/2000 and enhanced by Law Number 10 of 2004 concerning Formation of Legislation. Feeling that the previous regulations were incomplete, on 12 August 2011, the government enacted Law Number 12 of 2011 amendment of Law Number 10 of 2004 concerning the Formation of Legislation.

The significance of structural stigma towards transgender people in health care encounters across Europe: Health care access, gender identity disclosure, and discrimination in health care as a function of national legislation and public attitudes

BackgroundAccording to the minority stress theory, stigma affects the health of marginalized populations. Previous stigma research has focused on the health effects of individual and interpersonal stigma, paying less attention to structural factors. Laws on legal gender recognition affect the lives of transgender individuals in unique ways. The fact that these laws and population attitudes vary greatly between European countries, offer a unique opportunity to study the role of structural stigma in the lives of transgender individuals. Little is known about how transgender specific structural stigma relates to individual health determinants. Consequently, the aim of this study was to explore the association between structural stigma and access to gender affirming care, gender identity disclosure in health care, and experiences of discrimination in health care across 28 European countries.MethodsBy using multilevel regression, we combined data on health seeking behavior, transgender identity disclosure to health care providers, and experiences of discrimination in health care from 6,771 transgender individuals participating in the 2012 European Union Lesbian, Gay, Bisexual and Transgender survey with a structural stigma measure, consisting of population attitudes towards transgender individuals as well as national legislation on gender recognition. Reasons to refrain from seeking care and discrimination in health care were assessed by categorizing countries as low or high in structural stigma and using Chi-square statistics.ResultsCountry-level structural stigma was negatively associated experiences of seeking gender affirming care and positively associated with concealment of being transgender to health care providers. Identity concealment was associated with a lower likelihood of exposure to discrimination in the health care setting across countries regardless of their level of structural stigma. The most prevalent reasons to forgo gender affirming care were shared between low and high structural stigma country groups and centered around fear.ConclusionThe results highlight the importance of changing stigmatizing legislation and population attitudes to promote access to gender affirming care as well as openness of being transgender towards providers. Measures to decrease discrimination in the health care setting are warranted in high as well as in low structural stigma countries.

Parliamentary Control and Investigative Commissions: Comparative View

The Constitution of the Republic of Albania in its basic principles defines that sovereignty belongs to the people, to all citizens. The people exercise their sovereignty in the ways and within the limits provided by the Constitution itself. One of the most important ways of expressing popular sovereignty is the election of members of the Assembly. So, citizens participate in the governance of Res Publica through their representatives. Parliament structurally consists of one chamber and is a central institution in our constitutional system. In addition to the representative function, it performs the legislative function and the control function. Parliamentary control over the Government is concretized in several institutions of parliamentary law and aims to highlight its political responsibility towards the Assembly. For the sake of truth, it should be emphasized that it makes sense to talk about parliamentary control only for the period of political pluralism because before this period the Parliament executed the party-State directives. The government, in parliamentary republics, answers to the Parliament for its activity because it is inextricably linked to the vote of confidence it receives from it. One of the most important tools to oversee the Government's activity is the establishment of Investigative Commissions. These Commissions aim to guarantee the transparency and responsibility of the activity of the Government supported by the parliamentary majority.
 
 Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023

Implementation of the Legislative Function of the Village Consultative Body in Kaliki Village, Kurik District - Merauke Regency

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions executorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.

Starania o ustawę. Studium jednego przypadku

Referring to the Act of September 27, 1973 on the old age pensions for artists and their families, the author of this paper has analysed the endeavours after political decisions, that took several years, and were indispensable to carry out the respective legislation. According to the Constitution an obligation arises to enact a law and extend the rights to those groups which were deprived of them (under the Article 60 and 65 of the Constitution — according to the previous numbering). Moreover, the standpoint of the Sejm, as expressed in its resolution, precludes a possibly different government assessment as to the necessity to enact law (in a form of an act). It has also been stated that when opposing the attempts of the administration to be commissioned to issue a decree that would regulat'd the whole problem, both the deputies and artists considered the latter to be within the scope of legislation and therefore the Sejm should ensure that appropriate measures be taken. The author has concluded by saying that the ”problem” of the act was neither of financial or social nature, nor the outcome of the state pensions policy, nor the manifestation of the state’s attitude towards culture. On the one hand the problem arose because the act was treated as an expedient of the policy towards artists, and on the other, because the latter referred to civil rights in this respect. According to the author there was the interdependence between the pace of endeavours after the act and the political climate at the time. He has also pointed to the interdependence between the standpoint of the party and the legal guarantees that the constitution is enforced and the Sejm holds a superior position. The author has stressed how important that' incident was both for democratizing the legislative function (i. e. the extension of the circle of legal subjects, the commitment of the public opinion, availing of those legal measures that are rich in democratic contents) and enriching the attitudes (in terms of subject-matter) towards the act on old age pensions, particularly the significant role the Sejm and artists played.

Measuring the Person-Job Fit on Perceived Productivity: A Case of Indone-sian Legislators

Person-job fit and its relationship with technical training (Bimtek) and productivity or work performance have been widely discussed in private and public organizations but scarcely in the legislative organization. Compared to what companies have generally practiced, the mismatch between jobs and legislators' educational backgrounds and experiences is quite common. In addition, the nature of the job is often temporary and prone to rotation between commissions within legislative bodies. This study aimed to examine the impact of Bimtek on the person-job fit and productivity of legislators in Indonesia and how the experience could moderate the relationship. The research design used a quantitative method by employing a correlational approach. Of the 110 population, eighty-one Indonesian legislators were valid to be used as the respondent. Bimtek was used as the independent, person-job fit as the mediator, perceived legislation productivity was employed as the dependent, and the moderator was the experience. All hypotheses were tested using independent t-test, mediation, and moderation techniques employing Hayes PROCESS models 1, 4, and 8. The major findings showed that repeated Bimtek improved person-job fit and productivity. Legislators' experience moderated the effect of person-job fit on perceived legislation productivity. This study concludes that attempting an appropriate person-job fit and optimal legislative productivity requires sufficient technical training for legislators to perform their legislative functions. In this case, when the person-job fit increases, the new legislators have higher perceived productivity than their seniors.

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.

Problematics and Structuring of the DPRD in Local Government Administration

DPRD is said to be a regional legislative body because it has the authority to make local regulations, several local government laws that have been in force mention that DPRD has a legislative function, similar to the DPR. The filling of positions for DPRD members is also done together with the filling of positions for DPR members in legislative elections. This has created the impression that DPRDs and DPRs are both legislative institutions, even though they are different. To make the difference more significant, there must be a revision/reorganization of the Local Government Law. The purpose of this research is to understand and find out about the problems and structuring of DPRD in the implementation of local government. The type of research used is normative juridical, while the approaches used in this research are three, namely legislative approach, conceptual approach, and historical approach. The results of the research in this journal are that the DPRD as an organizing institution of local government should be regulated in the Local Government Law together with the regional head and not regulated in other laws such as the MD3 Law. The Local Government Law also needs to organize the functions of the DPRD where the first order of functions should be the functions of supervision, budgeting, and the formation of local regulations. This is because DPRDs more often or routinely carry out supervisory functions, rather than budgetary and local regulation formation functions. The filling of the positions of DPRD members is carried out simultaneously with the positions of regional heads, not through elections together with members of the DPR. The nomenclature of DPRDs should also be changed, i.e. Provincial DPRDs should be changed to Provincial Councils, while DPRDs at the Regency/City level should be changed to Regency/City Councils. Suggestions in this research are aimed at making a new law on legislative institutions that does not include provisions on DPRDs, considering that DPRDs are not legislative institutions, but regional government organizing institutions.

Comparative Law on the Authority of the House of Representatives (Indonesia) with the National Parliament (Timor Leste)

Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.

Legislation Committee as Law Center in the National Law Development

The shift in the DPR legislative function after the amendment of the UUDNRI 1945, which was previously owned by the President then become the DPR function brought major changes. This change, plays an important role in the process of checks and balances and in enhancing the development of national law quality. However, this change is still not optimal. As can be seen from the fact that the legislative products produced by the DPR are not yet maximal, both quantitatively and qualitatively. Optimizing Baleg's position as a Law Center with the support of reliable supporting staff is one way to improve legislative performance. So far Baleg's role in carrying out its duties has not been optimal due to various interests which have hindered the drafting of the National Legislation Program and the deliberation of the Bill and the absence of a road map in monitoring and reviewing laws. Baleg's position as a Law Center must be strengthened to minimize the obstacles that arise so that the Prolegnas that have been set can be realized. Baleg needs to make arrangement so that the implementation of its duties can be optimal and ultimately able to improve the performance of the DPR in carrying out its powers as legislators. A road map in post legislative scrutiny needs to be made so it is clear that the implementation can be carried out in a directed and measurable manner.

A new stage of humanization of the criminal-legal impact regarding the application of punishment in the type of life imprisonment: the problem of correspondence.

The scientific article explores a new stage of humanization of the criminal-legal influence on the application of punishment in the form of life imprisonment. It has been established that a number of decisions of the European Court of Human Rights served as a prerequisite for this process, which generally stated the absence of a mechanism for early release of convicts from serving a sentence of life imprisonment in Ukraine, which would allow the educational purpose of this punishment to be realized. Attention is focused on the fact that the European Court of Human Rights does not oblige the state to provide specific forms of early release from serving a sentence of life imprisonment. At the same time, it is emphasized that this process should be legally defined, transparent and provide the person sentenced to life imprisonment with the "right to hope". An inconsistency was established in the text of the motivational and operative parts of the decision of the Constitutional Court of Ukraine dated September 16, 2021 No. 6-р (II)/2021 (case on review of the sentence of a person sentenced to life imprisonment) in the part of determining the types of early release from serving a sentence in life imprisonment. In the decisive part of the decision, the Constitutional Court of Ukraine obliged the Verkhovna Rada of Ukraine to introduce two independent, independent measures of a criminal law nature - the replacement of the punishment in the form of life imprisonment with a milder punishment and conditional early release from serving the punishment in the form of life imprisonment will. The article focuses attention on the need to observe the reasonableness and justice of criminal law influence in the process of humanizing life imprisonment. It is argued that excessive humanization of life imprisonment may lead to a decrease in the protective function of criminal legislation and the ability to prevent new criminal offenses. It was concluded that in the conditions of martial law there is an increase in the number of crimes punishable by life imprisonment. The position is expressed that it should be recognized as socially determined to introduce the replacement of punishment in the form of life imprisonment with a milder one and subsequent conditional early release from serving the prescribed sentence, if the convicted person corrects himself and shows his readiness for further resocialization.

DPD Performance Implementation in The Supervision Function Based on The Dignity of Justice

The authority of the DPD is regulated in Article 22 D of the 1945 Republic of Indonesia Constitution which states that there are three functions of the DPD, namely the functions of legislation, consideration and supervision. However, these three functions are carried out by the DPD in a very limited manner. The existence of the DPR and the Supreme Audit Agency (BPK) as one of the state institutions is an implementation of the horizontal division of powers. The House of Representatives is an institution that has legislative, budgetary and supervisory functions, while the Supreme Audit Agency is an institution with the main function of auditing state finances. However, the supervisory function in regional budget matters carried out by the DPD is still part of the financial audit by the BPK. The principle that applies in state administrative law is that if an institution, including the DPD RI can measure performance, it means that the institution can know many things, such as being able to reward those who succeed, as well as being able to provide sanctions or recommend sanctions for those who fail; be able to know the actual cost; can link between costs and results; can determine whether it is better to do it yourself or need to outsource (outsourcing); can improve performance; can choose the best alternative

PERKEMBANGAN JUMLAH FRAKSI DPR RI MASA ORDE BARU HINGGA REFORMASI (1966-2004)

The function of the House of Representatives as stated in the 1945 Constitution of the Republic of Indonesia Article 20A paragraph (1) is a legislative function, a budget function and a supervisory function. The provisions in the 1945 Constitution were then translated into Law Number 22 of 2003 concerning the Structure and Position of the MPR, DPR, DPD and DPRD. The House of Representatives (DPR) in Indonesia has experienced many ups and downs. At least it is divided into 3 (three) periods, namely the Old Order, New Order and Post New Order or Reformation periods. However, in this paper the researcher only discusses the New Order and Post-New Order or Reformation periods. At the beginning of the New Order government, the DPR underwent several changes, both regarding its membership and authority. This research is entitled "Differences in the Membership Structure of the DPR in the New Order Period and the 1966-2004 Reformation Period." using historical research methods which include heuristics, verification, interpretation, historiography. In the composition of the membership of the New Order DPR from 1971 to 1977 the role of the People's Representative Council was more to support the executive than as a supervisor. The period 1971-1977 was different from the previous year's period. During the New Order period of 1966-1977 there were 9 political parties that existed during the New Order era, namely Parmusi, NU, PSII, Perti, PNI, Catholic Party, PARKINDO, IPKI, and Murba. In the composition of the New Order DPR membership from From 1971 to 1977 the role of the People's Representative Council was more to support the executive than as a supervisor. The 1971-1977 period had a difference from the previous year's period, in which during this period it provided a place for members who were appointed to the DPR, such as ABRI and Golkar

Kepastian Hukum Program Legislasi Kabupaten/Kotaterhadap Pembangunan Hukum Di Daerah

The Formulation of Qanun through a legislation program (Prolek) implemented in a planned, integrated, and systematic with the aim to realize certainty of legal development in the region. The process of drafting the legislation program is carried out not in accordance with the planning and scale of priorities that have been set so as not to provide legal certainty to the priority and legal development in the region. This study uses normative juridical methods with a statue approach and conceptual approach. In addition, to determine the aspects that cause the lack of legal certainty, this study also uses empirical juridical methods. The establishment of the Local Legislation Program has not provided legal certainty because Qanun Aceh No. 5 of 2011 on The Procedure of Formation of Qanun has not set concretely on the scale of priorities that form the basis of the urgency of the establishment of a qanun. In addition, the District House of Representative (DPRK) given the function of legislation in the region does not yet have a preference for the field of legislation so that the process of legislation can not be completed as planned. In addition, DPRK given the function of legislation in the region does not have a preference for the field of legislation so the process of legislation can not be completed according to the planning. In realization the legal certainty of the local legislation program against legal development in the region there needs to be concrete regulatory efforts in the provisions of Qanun Aceh No. 5 of 2011 relating to determining the scale of priorities as well as changing the mindset of the DPRK in the field of legislation by making it part of the priority function. Keywords: Legal Certainty, Legislation Program, Legal Development

PERFORMING LEGISLATIVE FUNCTIONS: THE ROLE OF REGIONAL REPRESENTATIVE COUNCIL AND PEOPLE'S REPRESENTATIVE COUNCIL

Based on two factors, these are philosophical and legal aspect. In terms of the function of law, the existence of the Regional Councilor (DPD) and Legislative Assembly (DPR) can be established. Based on a provision in the 1945 Constitution, the Regional Councilor (DPD) and Legislative Assembly (DPR) were established, and, according to one philosophical definition, they represent all regional or people's representatives in Indonesia at the national scale. A system of functional industrial relations exists between the Regional Councilor (DPD) and Legislative Assembly (DPR) in relation to the function of legislation. The objective of this research are to find out the role of Regional Councilor (DPD) perform in the legislative functions; and Legislative Assembly (DPR) represent in obtaining legal products. The research that was accomplished was categorized as qualitative normative research based on the kind of data or legal materials examined. Due to institutional and constitutional limitations, the Regional Councilor (DPD) and Legislative Assembly (DPR) faced difficulties as a result of legal responsibilities. Institutional constraints are limitations imposed by the institution itself, such as insufficient support systems, unsuccessful legislation, and ineffective session management techniques. The Regional Councilor (DPD)'s current rules, Article 22D, paragraphs 1 and 2, and Law No. 27/2009 on MD3 are among the challenges we must overcome. These laws attempt to undermine the legislative authority of the Regional Councilor (DPD).

Councils of State in Europe in their advisory and legislative functions: France, Belgium, Spain, Italy and Luxembourg

ABSTRACT This special issue explores the Council of State as an institution at the heart of the workings of the political-administrative system of many European states. More specifically, it dwells on the consultative and legislative functions of the Council of State as an institution. This special issue shows through the analysis of the cases of five European countries (France, Belgium, Spain, Italy and Luxembourg) in what ways the consultative action of the Council of State, while revealing its dual technical and political nature, assumes a role of neutrality and expertise which is authoritative within the debates that agitate parliamentary democracies. Examining the Council of State from the angle of its advisory function, as well as the dynamics and pressures to which it is subjected, makes it possible to identify both the evolution and the constraints that affect the construction of the law undertaken by legislative assemblies and governments and more generally the development of state standards.

From Cooperative To Coercive Federalism? The Legislative Function Under Next Generation EU And The Federal Genus of Union Law

From Cooperative To Coercive Federalism? The Legislative Function Under Next Generation EU And The Federal Genus of Union Law

Udział Senatu Rzeczypospolitej w procesie ustawodawczym: ku dwuizbowości równorzędnej?

The article deals with the issue of relations between the Sejm and the Senate in the procedure of exercising its legislative function by the parliament. The author points out that the current Constitution of the Republic of Poland of 2 April 1997 greatly limits the influence of the Senate on the legislative process, which refers to the Polish systemic tradition. In this way, the Constitution adopts an extremely asymmetric bicameral model, despite the fact that both chambers of parliament in the Polish system are perceived as an organ of the legislative authority. The author critically assesses the regulations in force from the point of view of the axiology of the democratic system and postulates strengthening the Senate’s position in the implementation of the legislative function.

Basic Principles of the Oversight Functions of the House of Representatives on Legislative Functions in Indonesia

Legislative products have caused public disapproval, so a judicial review has to be submitted to the Constitutional Court (MK). Therefore, it is necessary to analyze the basic principles of the DPR's oversight function of the legislative function in Indonesia. This research aims to examines the basic principles of the duties and powers of the DPR in the oversight function of the legislative function. This research is qualitative research using secondary data. The literature study method was used in collecting data in this study. The data analysis was done using data reduction, displaying, and verification. The study results show that applying the basic principles of the DPR's oversight function to the legislative function in Indonesia is a way or an attempt to see whether the legislative function is carried out according to plan. Oversight by the DPR in forming laws is a preventive measure, such as efforts to prevent irregularities, mistakes, and confusion. The basic principle of the DPR's oversight function of the legislative function contains democratic values, the value of balance, the value of truth, and the value of expediency, which is reflected in the principle of people's sovereignty, the principle of legal certainty, and the principle of justice.

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