Kedudukan Dan Fungsi DPRD Dalam Sistem Ketatanegaraan Negara Kesatuan Republik Indonesia Menurut Undang-Undang No. 23 Tahun 2014 Tentang Pemerintahan Daerah

Putra H, Muhammad Pandu (2021) Kedudukan Dan Fungsi DPRD Dalam Sistem Ketatanegaraan Negara Kesatuan Republik Indonesia Menurut Undang-Undang No. 23 Tahun 2014 Tentang Pemerintahan Daerah. Other thesis, Universitas Islam Riau.

Text 161010075.pdf - Submitted Version Download (5MB)

Abstract

The DPRD is often said to be a regional legislative body because it has the authority to make legal products called regional regulations. This is also reinforced by several laws that have been in effect mentioning the DPRD has a legislative function, the same as the DPR. Filling the positions of DPRD members is also carried out together with filling the positions of DPR members which are carried out in legislative elections. This raises the impression that DPRD and DPR are both legislative institutions, what is different is that DPRDs are domiciled in the regions so that many DPRD candidates knowingly or not mention in their campaign props that they are legislative candidates. If the DPRD is not a legislative then its members should not be considered as legislators. The formulation of the problem in this study are; (1) What is the position and function of DPRD in the constitutional system of the Unitary State of the Republic of Indonesia according to Law No. 23 of 2014 concerning Regional Government ?; (2) How does the comparison of the position and function of DPRD according to Law no. 23 of 2014 and Law no. 32 of 2004? This research is included in normative legal research. The data used are secondary data, data analysis is done descriptively analytically and deductive conclusions. The position of DPRD according to Law no. 23 of 2014 is one of the elements of regional government administration that has the function of forming regional regulations, budgets and supervision. In carrying out its functions the DPRD coordinates with the regional head as an equal partner. Meanwhile, the comparison of the position and function of DPRD in Law no. 23 of 2014 with Law no. 32 of 2004 only on the mention of its function, which is in Law no. 32 of 2004 stated that DPRD has a legislative function. The explanation regarding the implementation of DPRD functions in Law no. 32 of 2004 is also not regulated in detail as in Law no. 23 of 2014. At the time of Law no. 32 of 2004 applies, regarding the function of DPRD, the provisions in Law no. 17 of 2014 concerning the MPR, DPR, DPD, and DPRD (MD3) which regulates the functions of the DPRD. If the DPRD in Law no. 23 of 2014 and Law no. 32 of 2004 is said to be an element of regional government administration, so DPRD is more accurately said to be a branch of executive power rather than legislative. That is why the makers of Law no. 23 of 2014 replaces the mention of one of the functions of the DPRD as a function of forming regional regulations previously in Law no. 32 of 2004 called the legislative function. And the provisions regarding DPRD in the MD3 Law are no longer valid since Law no. 23 of 2014 in effect.

Actions (login required)

View Item