Regional Representative Council Research Articles

The Regional Representative Council (DPD RI) and Checks and Balances in Indonesia's Legislative Process

The Regional Representative Council (DPD RI) and Checks and Balances in Indonesia's Legislative Process

Supervision of the Aceh Regional Representative Council for Direct Cash Assistance Program in Lhoong Sub-district, Aceh Besar District: Policy Implementation Study Based on Aceh Regional Representative Council Regulation Number 1 of 2019 Concerning DPRA R

This study examines the supervision of the Aceh Regional Representative Council for the direct cash assistance program in the Lhoong sub-district, Aceh Besar district in 2023. The purpose of the study is to analyze and describe policy implementation of the supervision of the Aceh Regional Representative Council for the direct cash assistance program in the Lhoong sub-district, Aceh Besar district. The study uses a descriptive qualitative method with primary data and secondary data as the data source. Primary data were obtained through interviews, while secondary data were obtained from library research and documentation studies. The study concludes that the supervision of the Aceh Regional People’s Legislative Assembly for Direct Cash Assistance in the Lhoong sub-district, Aceh Besar district is not maximized and there are still many recipients of direct cash assistance who do not meet the criteria and are not on target. Oversight of the Aceh Regional People’s Representative Council is very much needed so that it is in line with the expectations of Aceh’s society. Keywords: supervision, regional representative council

Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province)

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.

Trade-off Anak Adat Status as a High-cost of Political Transaction in Papua Local Elections

Currently, the political transaction through trade-off anak adat (customary child) status is wider applied in Papua local election. Benefiting from the direct elections, the elites competed for political power in the regions by mobilizing ethno-religious sentiments and utilizing money-politics. The voters, in return, behave as clients as they seek to gain material benefits from their preferred candidates in exchange for political loyalty. This condition caused the high-cost politics during the local election. Based on this problem, this paper attempts to analyze the hijacking of adat (customs) through trade-off anak adat status as a form of political transaction which impacted to high-cost politics. This study cultivates the theory of political transactions to analyze the political transaction in Papua local election especially in the gubernatorial election 2018 and election of DPRD (Regional Representative Council)’s member in 2019. This form of political transaction has caused the high-cost of local election in Papua, which is not only in the form of money, but also carried the social cultural high-cost impact. Of course, vote buying will make the candidates have to spend a lot of money. The trade-off of anak adat status from other than Papuan through buying and selling mechanism rather than using achievement and acknowledgement from the adat community would harm the Papuans. Moreover, this practice has brought detrimental destruction to the socio-cultural values of Papuan adat community. This study is qualitative research that use political approach to observe the local election processes in Papua. We used the criteria of credibility and confirmability to validate the data in our qualitative research.

THE REFUND OF STATE FINANCIAL LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION THROUGH AUDIT AGENCY AUDIT INVESTIGATION

The aim of this research is to analyze the concept of returning state financial losses resulting from criminal acts of corruption based on Audit Board of the Republic of Indonesia audits and to analyze the form of follow-up to recommendations from Financial Audit Agency audit results regarding elements of state losses resulting from criminal acts of corruption. This research is normative research. The approach method used in this research is a statutory approach. The results of this research are the role of the Financial Audit Agency terms of returning state financial losses, the Audit Board of the Republic of Indonesia has the authority to make demands for compensation from parties proven to have committed unlawful acts which resulted in state financial losses through criminal law instruments, through civil law instruments or through administrative legal instruments. The Financial Audit Agency as the holder of audit power has the right to supervise the management of state finances and provide recommendations on audit results to the House of Representatives, Regional Representative Council and Regional People's Representative Assembly for political follow-up as a supervisory function and provide recommendations to law enforcers in the event of indications of criminal acts

Reconstruction of Legislative Members' Term Rules Based on the Principle of Justice

The presence of the House of Representatives in Indonesia's constitutional system significantly supports the development of democracy, as they serve as the people's representatives and voice. Currently, it is essential to implement term restrictions for legislative members, primarily for societal benefit. This study addresses the following research problems: Why is the current rule of legislative members' terms not just? What are the weaknesses of the current legislative term rules? How should the rule of legislative members' terms be reconstructed based on the principle of justice? Employing a constructivism paradigm, this research uses a sociological juridical approach and a descriptive research type. Data sources include primary data from field research and secondary data from primary, secondary, and tertiary legal materials. Data collection methods encompass observation, interviews, and literature study, with qualitative data analysis. The findings indicate that the current rule of legislative members' terms is unjust due to the lack of term restrictions, leading to increased risks of corruption, bribery, collusion, and nepotism. Weaknesses in existing rules on criminal sanctions for corruption, bribery are evident in the legal substance, structure, and culture. The legal substance lacks clear provisions on term restrictions, and the legal structure fails to address the urgency of implementing term restrictions for House of Representatives of Indonesia’s and Regional Representative Council members. Additionally, there is a need to raise public awareness about the importance of term restrictions for legislative members. The study suggests reconstructing criminal sanctions rules against corruption, bribery based on justice values, which involves revising both values and norms. This includes transforming previously unjust rules into just ones and amending the legislative term rules according to the principle of justice, as outlined in Law No. 7 on 2017 concerning General Elections, Articles 240(1) and 248.

The Effect of Self-Efficacy on Political Leadership and Performance of Members of Regional Representatives Council of Lamongan Regency for the 2019-2024 Period

Public trust in the legislature has waned due to society's failure to recognize skilled political leaders despite high self-efficacy among many legislative members. Recently, it has been suggested that many legislators have too much self-efficacy, which affects their performance and political leadership. This study examines the impact of self-efficacy on political leadership and performance in the Lamongan Regional Representatives Council (DPRD) for 2019-2024. Conducted quantitatively with a sample of 200 Lamongan DPRD members, data was collected via questionnaires and analyzed using Structural Equation Modeling (SEM) with LISREL 8.50 software. Findings indicate a significant positive relationship between self-efficacy and political leadership, confirming the first hypothesis. However, contrary to the second hypothesis, self-efficacy showed a negative and insignificant impact on members' performance. These results highlight the complex role of self-efficacy in political leadership versus performance among DPRD members in Lamongan during the 2019-2024 period.

HOW DOES WOMEN IN SECURING ELECTORAL VOTE IN INDONESIAN POLITIC? INSIGHT FROM SOUTH SUMATERA PROVINCE

The issue of women's representation in politics has become an interesting discourse in various countries, even in Indonesia. The advancement of female candidates needs to be appreciated in the midst of the patriarchal culture that is still inherent in Indonesia. The presence of women in politics cannot be separated from the role of family ties. This is the focus and purpose of this article, which is to describe the family ties that influence women's electability in politics. The research method used in this article is a qualitative-descriptive method through literature study to explain the family ties factor in Ratu Tenny Leriva's representation as a senator for the 2024 South Sumatra Electoral District. Using the theoretical framework of the Richter model of family ties, this study reveals that Ratu Tenny Leriva's election cannot be separated from Herman Deru's position and influence. As a former Governor, Regent, and Chairman of the Regional Representative Council of the NasDem Party in South Sumatra, Herman Deru facilitated Ratu Tenny Leriva in building a positive image, popularity, and electability, despite being a new-comer and still 23 years old. This can be seen from Ratu Tenny Leriva's involvement in various public spaces and campaign periods, where many billboards or posters include Herman Deru's photo. This family bond is an important factor and political modality in Ratu Tenny Leriva's electability in South Sumatra in 2024.

Term Limitation of Indonesian Parliamentarians Seen from Constitutionalism

This article intends to use a constitutionalist lens to examine why term limits for Indonesia's People's Representative Council and Regional Representative Council are necessary. The article employs the statutory approach, the conceptual approach, and the comparative approach to writing about normative law. The article makes use of deductive and inductive reasoning strategies grounded in prescriptive analysis. Due to the inability to locate a clause or provision that regulates limitedly regarding the limitation of the term of office of members of the People's Representative Council and Regional Representative Council of the Republic of Indonesia, from a constitutionalist's perspective, the paper concludes that such a limitation is urgently necessary. Since constitutionalism necessitates checks and balances, it follows that this goes against the Republic of Indonesia's constitution. As a result, the article concludes that three (3) factors emphasize the necessity of term limits for members of the Indonesian Parliament as a means of strengthening the principle of constitutionalism: (1) the existence of a legal vacuum, (2) the poor quality of Indonesian democracy, and (3) the importance of leadership regeneration.

Wewenang Dewan Perwakilan Daerah dalam Memperkuat Otonomi Daerah Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.

In the Indonesian government system, the DPD is a representation of the people, a state institution that is constitutionally given the authority and task of representing regional interests at the national level. The DPD not only proposes policies related to regional autonomy, but also ensures continued development and political stability in Indonesia. However, in practice, the DPD's role is limited by structural constraints and dependence on its partners, especially the DPR and the central government. The DPD relies heavily on the DPR to make decisions, which reduces its effectiveness. This limitation shows that the position of the DPD is not equal to that of the DPR. As a constitutional institution, it is important for the DPD to be given a more substantial role in policy making to ensure better representation for the regions. The main issue discussed is how the authority of the Regional Representative Council of the Republic of Indonesia (DPD-RI) is in strengthening regional autonomy and how DPD-RI as regional representatives can have equal rights and authority to the DPR-RI in fighting for regional interests. This research method uses a type of normative legal research that uses secondary data through literature searches. The conclusion drawn is that DPD-RI has limitations in supporting regional autonomy. Article 22D of the 1945 Constitution of the Republic of Indonesia as a result of the amendment actually weakens its position. The increase in authority is expected to strengthen its role as a balancer in the Indonesian political system.

Implementation of the Voting Rights of Persons with Disabilities in the 2024 General Election in Koroha Village, District. Kodeoha, Kab. North Kolaka

The purpose of this research is to identify the obstacles faced by persons with disabilities in exercising their voting rights, evaluate the efforts that have been made to improve the accessibility and inclusion of persons with disabilities in the electoral process, and provide policy recommendations that can improve accessibility and protection of the rights of persons with disabilities in general elections. Researchers use a type of research in the form of qualitative research which is more concerned with forming substantive based on concepts that arise in empirical data. Researchers do not feel they know what they do not know, so the research design developed is always open to the possibility of various changes needed and flexible to the conditions in the field. This research uses interview, observation, and documentation techniques to obtain relevant data. The results of the research The implementation of voting for persons with disabilities in the village is quite good, with the efforts of local election organizers to facilitate accessibility needs. The participation of people with disabilities in the 2024 General Election in Koroha Village is quite high, showing an increase in their awareness and trust. What can be considered is increasing socialization, providing adequate accessibility facilities at all polling stations, and training for KPPS officers to be more sensitive to the needs of persons with disabilities. General elections as a means of popular sovereignty to elect members of the House of Representatives, members of the Regional Representatives Council, the President, and Vice President are a manifestation of the 1945 Constitution of the Republic of Indonesia (UUD NRI)

Critical Review of the Journey of Democracy in Indonesia: Functions and Authorities of the Regional Representative Council (DPD) in the Constitutional System

Critical Review of the Journey of Democracy in Indonesia: Functions and Authorities of the Regional Representative Council (DPD) in the Constitutional System

Development of Indonesian Association of People with Disabilities (PPDI) Volunteers Based on Digital Applications to Increase Deaf Interaction

Background: Effective communication is essential for everyone, but it can be especially difficult for those who are deaf or hard of hearing. This can lead to isolation and hinder their ability to express themselves. Unfortunately, many people, including volunteers from PPDI North Sumatra, lack sign language skills, creating a communication barrier with the deaf community. Contribution: This activity aims to develop and assist Regional Representative Council PPDI North Sumatra volunteers to increase interaction with the deaf at Regional Representative Council PPDI North Sumatra Method: PPDI volunteers participated in program socialization, learned PIKU application features, and received training on its use. Results: The PIKU program yielded positive outcomes. Volunteer participation was enthusiastic, and interaction with the deaf community increased. The app's free accessibility, user-friendly interface, and clear visuals facilitated communication. Conclusion: The PIKU program, with its communication-assistive technology, effectively improved interaction between PPDI volunteers and the deaf community in North Sumatra. This highlights the potential of technology to break down communication barriers and foster inclusivity

EFFECT OF ORGANIZATIONAL COMMITMENT ON JOB SATISFACTION OF SOUTH TAPANULI REGENCY DPRD SECRETARIAT EMPLOYEES

Organizational commitment is the process by which organizational and individual goals become increasingly integrated. This research aims to determine the effect of organizational commitment on job satisfaction of South Tapanuli Regency DPRD Secretariat employees. The research carried out includes explanatory research. The population in this study were 15 employees within the Regional Representative Council of South Tapanuli Regency. Since the population was only 15 people, the author used the entire population as a sample, namely 15 people. The data collection technique used was a questionnaire and then analyzed using simple linear regression analysis to test hypotheses, correlation analysis and coefficient of determination. Based on the research results, it can be seen that the t test on the organizational commitment variable (X) obtained a calculated t of 3.891 with a significant t of 0.002. Because the calculated t is greater than the t table (3.891 > 0.690) and with a significant level of t smaller than 0.05 (0.002 < 0.05), it can be concluded that Hο is rejected and Ha is accepted. This shows that the organizational commitment variable partially influences job satisfaction. Because the alternative hypothesis is α = 0.05 or 5% and the Confidence Interval is 95%, which means the confidence level of 15 respondents states that organizational commitment has a significant effect on job satisfaction is 95%.

Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah dalam Penyelenggaraan Pemerintahan Daerah di Indonesia

The Regional People's Representative Council which is the state institution that has undergone the most changes. This research aims to determine and analyze the Implementation of the Supervisory Function of the Regional People's Representative Council in the Implementation of Regional Government in Indonesia. This type of research is normative juridical. The results of the research are the supervisory function carried out by the Regional People's Representative Council towards the Regional Government in order to realize good governance so that it can achieve its goals. The Regional Representative Council must be able to correctly interpret the function and objectives of supervision, so that it can become an effective check & balance mechanism, optimize supervision so that it can have a positive influence as expected on the management of regional government, prepare the supervisory agenda for the Representative Council Regional People, Formulating standards, systems and standard procedures for supervision of the Regional People's Representative Council, as well as involving community participation in the supervision process. For this reason, it is recommended that there is a need for community participation in carrying out supervision so that the implementation of regional government policies can run well and it is necessary to develop supervision guidelines by the Regional People's Representative Council so that the supervision function can run more focused.

PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019

The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regional Heads and Deputy Regional Heads is an election to elect regional heads and deputy regional heads directly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. From this statement there is an important question regarding the alleged norm dispute between Law no. 22 of 2007 concerning Election Organizers with the 1945 Constitution, because article 22E paragraph (2) of the 1945 Constitution states that General Elections are held to elect members of the People's Representative Council, Regional Representative Council, President and Vice President, and Regional People's Representative Council. So from these two articles it can be seen that there is an indication of inconsistency in the law makers regarding election terminology as regulated in the 1945 Constitution. In the Constitutional Court decision no. 55/PUU-XVII/2019, the Constitutional Court presented a number of other examples of new simultaneous elections which include regional elections in the simultaneous flow. In the Constitutional Court decision no. 55/PUUXVII/2019 was not included in the election regime because it can be seen from the Constitutional Court Decision No. 48/PUU-XVII/2019 and Constitutional Court Decision No. 55/PUU-XVII/2019 where the Constitutional Court did not respond to the theory of regime segregation initiated by the Constitutional Court in Constitutional Court Decision No. 97/PUU-XI/2013. In Constitutional Court Decision No. 55/PUU-XVII/2019 does not want to be trapped in using the regime separation line of thinking again and instead provides a new idea, namely the simultaneity of elections, namely National Elections and Local Elections (which include Regional Elections).

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.

Kepastian Hukum dalam Penetapan Kriteria Money Politik menjelang Kampanye Pemilu 2024

The implementation of elections or regional elections is very vulnerable to corruption. Money politics is the origin of political corruption. Money politics is a serious problem in elections and elections in Indonesia, starting from the election of village heads, regional heads, legislative members, and the Regional Representative Council (DPD) to the President and Vice President, it is vulnerable to the practice of buying and selling votes. One recent example of allegations of money politics was the discovery of a case of giving away milk during the CFD on December 3 2023 by Vice President Gibran which according to Bawaslu was not an election violation and the case of distributing envelopes bearing the PDIP logo at a mosque in Sumenep amounting to IDR 300 thousand. Again, Bawaslu stated that it could not investigate the case in terms of violations of money politics provisions. This is because the Election Law only regulates the prohibition of money politics during the campaign period. Therefore, there needs to be a clear determination in determining the criteria for money politics. The type of research used is normative juridical with a statutory approach and a conceptual approach. There is a gap for the practice of money politics to occur in the upcoming 2024 elections due to the weakness of the regulations governing money politics. This weakness is not only in terms of material, such as if there are subjects of criminal acts who are not organizers, participants, and campaign teams who practice money politics during the campaign and quiet periods, then these perpetrators cannot be punished under the Election Law. Only election organizers, participants, and campaign teams are prohibited from engaging in money politics. Transactions giving money are sometimes not carried out by candidates directly but through intermediaries with the success team or parties who have an interest in the candidate. Legal uncertainty was also seen during the campaign period which only lasted 75 days. So if forms of money politics are carried out by candidates and their teams outside the campaign period, they are not included in the category of money politics

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.

Tinjauan Hukum Terkait Kedudukan Calon Legislatif Mantan Tindak Pidana Korupsi Dalam Perspektif Hak Asasi Manusia

Indonesia is a democratic state where the exercise of sovereignty is no longer directly entrusted to the people but to representatives of the people chosen through general elections. Here, all Indonesian citizens have the right to participate either as voters or candidates in legislative elections, including former corruption convicts. However, in practice, Regulation No. 20 of 2018 by the General Election Commission on the Nomination of Members of the People's Consultative Assembly, Regional Representative Council of the Province, and Regional Representative Council of the Regency/City limits the candidacy rights of former corruption convicts. Consequently, this General Election Commission Regulation contradicts the fundamental Human Rights principles upheld by Indonesian citizens. This research focuses on two aspects: examining and elucidating the legal status of former corruption convicts from the perspective of Human Rights and the legal regulations related to the legislative candidacy of former corruption convicts in General Election Commission Regulation Number 20 of 2018, viewed from the perspective of Human Rights. This research employs a normative juridical research method or doctrinal. The research findings indicate that former corruption convicts have the same legal status as ordinary citizens, namely equal standing in the eyes of the law. The Law No. 39 of 1999 on Human Rights and the 1945 Constitution protect the legal status of former convicts. Furthermore, the legal regulations regarding legislative candidacy for former corruption convicts in Article 4, paragraph (3) of General Election Commission Regulation No. 20 of 2018 are againts Human Rights. Especially in the Law on Human Rights, the 1945 Constitution, Constitutional Court Decisions, and Supreme Court Decisions.