Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Peraturan Kepala Daerah

  • Agung Saputra Universitas Riau
  • Gusliana HB Universitas Riau
  • Junaidi Junaidi Universitas Riau

Abstract

The constitution is all the provisions and basic rules regarding state administration.  A country's existence cannot be separated from the underlying constitution. The supervisory function is one of the spirits of the people's representatives. Supervision is the main role or responsibility of DPRD in representing the community. Supervision must be carried out in a structured and good manner, so that the community is truly fulfilled in conveying their aspirations as well as controlling the work carried out by the government, in this case the regional head. From the results of the research it is concluded that First, Regulations on regional head regulations are regulated in the Minister of Home Affairs Regulation Number 120 of 2018 concerning Amendments to the Minister of Home Affairs Regulation Number 80 of 2015 concerning the Formation of Regional Legal Products. and Law Number 23 of 2014 concerning Regional Government. In the formation of governor regulations, there are two main types: those mandated by higher rules and those formed based on the authority of the regional head. The Riau Province Regional People's Representative Council (DPRD) has the authority to oversee the formation of gubernatorial regulations that are mandated by higher rules, while for gubernatorial regulations that are more related to autonomy functions, the DPRD has no obligation or right to oversee either the ratification or implementation. Second, Although each member of the DPRD has a supervisory function, their responsibilities are limited to commissions in public hearings without a special agenda for annual or semesterly supervisory meetings. Third,Regarding the ideal concept of regulation related to supervision of regional head regulations, considering that there are only general rules, it is necessary to make specific rules related to this supervision. This technical supervision can be made by the Minister of Home Affairs or by the regions themselves, considering that regional authority in regulating their own households has been legitimized through regional autonomy. In addition, technical regulations related to this supervision will strengthen the performance of the DPRD in legislation and supervision..

References

Ashshofa, Burhan, 1996, Legal Research Methods, PT . Rhineka Cipta, Jakarta.

Asshiddiqie, Jimly, 2005, Constitutional Law and the Pillars of Democracy. Constitution Press, Jakarta.

Azhari, Aidul Fitriciada. , 2000 Democratic Decision Making System according to the Constitution, UMS Press, Surakarta.

Budiardjo, Miriam, 2005, Basics of Political Science: Gramedia Pustaka Utama, Jakarta.

Efendi, A'an, et. Al., 2017, Legal Theory, Sinar Graphics, East Jakarta.

Fence M. Wantu et al, 2002, Quick Way to Learn Civil Procedure Law, Reviva Scholar, Jakarta.

Fuady, Munir, 2010, The Concept of a Democratic State, PT. Refika Aditama, , Bandung.

Gaffar, Affan, 1993, Political Democracy", Seminar Paper "Development of Democracy in Indonesia Since 1945", Widyagraha LIPPI, Jakarta.

HR, Ridwan, 2002, State Administrative Law, UII Press, Yogyakarta.

Huda, Ni'matul, 2009, Indonesian Constitutional Law, PT. RajaGrafindo Persada, Jakarta.

Kurniawan, Boni, 2015, Independent Village Building Village. Ministry of Villages, Development of Disadvantaged Areas and Transmigration of the Republic of Indonesia, Jakarta.

Mahfud MD, Moh, 2010, Building Legal Politics: Upholding the Constitution, Jakarta.

Affandi, Hernadi, Problematic Functions of Regional Representative Council Legislation in the Hegemony of the DPR, Padjadjaran Journal, Journal of Legal Sciences, Vol 1, Number 1 of 2014.

Bintang, Hariande L, and Ahmad Jamaan, "DPRD Supervision of the Implementation of Regional Regulations," Journal of Democracy & Regional Autonomy, Vol 11, Number 1, June 2013.

Djauhari, Achmad Ridwan, "The Oversight Function of the Regional People's Representative Council (DPRD) on the Performance of Regional Government in Realizing a Clean Government Apparatus Free from Corruption Collusion Nepotism (KKN)(Study in Bombana Regency)", Journal of Legal Reform, Vol II No. May 2 - August 2015.

Hadi, Syofyan, "The Function of Legislation in the Presidential Government System (Comparative Study of Indonesia and the United States)", DIH Journal, Journal of Legal Studies, Vol. 9, no. 1. 2013.

Husen, Ahmad, The Existence of Presidential Regulations in the Legislative Regulation System, Lex Scientia Law Review, Faculty of Law, Semarang State University, Vol 3 No. 1, May 2019.

Sunarto, Principles of Checks and Balances in the Indonesian Constitutional System, Article in the Journal of Legal Issues, Volume 45, Number 2, April 2016.

Law Number 23 of 2014 concerning Regional Government

Law Number 12 of 2011 concerning the Formation of Legislative Regulations

Regulation of the House of Representatives Number 1 of 2014 concerning Rules, Structure and Position as well as Functions, Authorities and Duties.

Minister of Home Affairs Regulation Number 80 of 2015

Interview with Mr. Wenda Hartanto, Expert Staff for the Regional Regulation Formation Agency (Bapemperda) of the Riau Province DPRD on December 6 2023

Published
2024-12-10
How to Cite
Saputra, A., HB, G., & Junaidi, J. (2024). Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Peraturan Kepala Daerah. Jurnal Ilmiah Wahana Pendidikan, 10(23), 29-40. https://doi.org/10.5281/zenodo.14560384

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