Implementasi Pemberhentian Anggota DPRD Kabupaten Rokan Hulu Berdasarkan Putusan Pengadilan Yang Berkekuatan Hukum Tetap Terbukti Bersalah Melakukan Tindak Pidana

Erinaldi, Erinaldi (2021) Implementasi Pemberhentian Anggota DPRD Kabupaten Rokan Hulu Berdasarkan Putusan Pengadilan Yang Berkekuatan Hukum Tetap Terbukti Bersalah Melakukan Tindak Pidana. Other thesis, Universitas Islam Riau.

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Abstract

The issue of dismissal of members of the Regency/Municipal DPRD who has been found guilty by a court with permanent legal force is actually not such a complicated problem because the laws and regulations are very clear on how the process is implemented and who will carry out the dismissal process. Not carrying out the process of dismissing a member of the Rokan Hulu Regency DPRD for the 2014-2019 period who has been found guilty by the Supreme Court is a very fatal mistake that should not happen again in the future. As for the main problem in this study is how the implementation of the dismissal of members of the Rokan Hulu Regency DPRD based on a court decision that has permanent legal force is proven guilty of committing a crime and what are the obstacles faced in implying the dismissal of a member of the Rokan Hulu Regency DPRD based on a legally binding court decision. Still Proven Guilty of Committing a Crime. Judging from the type, this research is included in the survey research group (observational research) or also referred to as empirical research or what is often referred to as sociological legal research. The reason for using this type of research is to see whether the implementation of the dismissal of members of the Rokan Hulu Regency DPRD who is proven guilty of committing a special crime (das sein) has been carried out in accordance with normative laws and regulations (das sollen). The implementation of the dismissal of Teddi Mirza Dal as a member of the Rokan Hulu Regency DPRD for the 2014-2019 Period Based on a Court Decision with Permanent Legal Force Proved Guilty of Committing a Criminal Acts was not carried out until the end of his term of office in 2019, while based on Law Number 23 of 2014 concerning governance Regions as well as in Government Regulation Number 12 of 2018 concerning Guidelines for the Preparation of Orders for the Provincial, Regency and City Regional Representative Councils, it is formulated that every DPRD member is found guilty of committing a crime and is dismissed as a DPRD member. Meanwhile, there are several obstacles that cause the difficulty of carrying out the dismissal of Teddi Mirza Dal, namely political obstacles consisting of the inability of Political Parties to execute the process of dismissing Teddi Mirza Dal, Teddi Mirza Dal is a very influential person in the Rokan Hulu Regency DPRD and the Honorary Board of the Rokan Hulu Regency DPRD is not In carrying out its functions optimally while there are structural obstacles, namely the DPRD Secretary Technically Operationally under and Responsible to the DPRD Leadership, the Governor cannot impose sanctions on party leaders and DPRD leaders who do not carry out the process of dismissing DPRD members who are proven guilty based on court decisions that have been made. legally binding.

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