WEAKNESSES OF THE LEGISLATION FUNCTION OF THE REGIONAL REPRESENTATIVE COUNCIL IN THE BICAMERAL PARLIAMENT SYSTEM IN INDONESIA

Abstract

In a bicameral system, the DPR should be the first chamber representing all the people of Indonesia (political representatives) and the DPD (Regional Representative Council) as the second chamber representing the regions / regional representatives that in the Republic of Indonesia. Based on the provisions of Article 2 paragraph (1) of the amended 1945 Constitution, the DPD does have a position equivalent to the DPR. However, both have unequal functions. Law Number 22 Year 2003 until now has been changed into the latest law, namely Law Number 2 Year 2018 into a series of representative institutions. In its journey, it turned out that the law could not accommodate the existence of the DPD as a regional representative institution.

The constructivism paradigm is used to generate new ideas or theories about strengthening the legislative function of the Regional Representative Council in the bicameral parliamentary system. Meanwhile, the comparative approach is used in order to see the structure and function of the bicameral parliaments in several unitary states such as those in Britain, the Netherlands, France, Thailand and Japan. In the specifications of the research conducted is descriptive analytical. The method of data collection used in this research is literature study after the material or data is collected from various data sources and legal materials, the next step is data analysis. The work of data analysis begins with data reduction, namely summarization, data selection, and making categories based on problems and analyzing the normative content of legal products as a result of the 1945 Amendment and the ideas of the 1945 Amendment V that the DPD already has.

The function of the DPD above if it is related to the function of a representative institution looks unusual because as a representative body, the DPD should be given a proper function, both in the field of legislation, supervision and budget. Furthermore, in the biding supervision, a representative institution is said to have a good oversight function if the representative institution is given the constitutional authority to exercise direct oversight of the government in carrying out government affairs. Later, if in carrying out such supervision the representative institution found indications that the government was violating the law, then the representative institution was also given the authority to follow up on its findings.