Eksistensi Kewenangan Dewan Perwakilan Daerah (DPD) Dalam Melakukan Pemantauan Dan Evaluasi Rancangan Peraturan Daerah Dan Peraturan Daerah Berdasarkan Undang-Undang Nomor 2 Tahun 2018 Tentang MPR, DPR,DPD Dan DPRD

Sapitri, Imelda (2019) Eksistensi Kewenangan Dewan Perwakilan Daerah (DPD) Dalam Melakukan Pemantauan Dan Evaluasi Rancangan Peraturan Daerah Dan Peraturan Daerah Berdasarkan Undang-Undang Nomor 2 Tahun 2018 Tentang MPR, DPR,DPD Dan DPRD. Masters thesis, Universitas Islam Riau.

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Abstract

This thesis discusses the existence of the regional representative councils authority in monitoring and evaluating the draft regional regulations and regional regulations based on law number 2 year 2018 concerning the people’s consultative assembly, house of representative, regional representative councils and regional legislative assembly. The authority to carry out monitoring and evaluation of regional regulations and regional regulations has not been implemented by the regional representative councils because the regional representative councils must position the authority so that it does not overlap with the authority of the minister of home affairs and the governor as the deputy central government and the supreme court. As in law number 23 of 2014 concerning regional government, namely the draft provincial regulation is evaluated by the minister of home affairs while the draft regency / city regional regulation pis evaluated by the governor as the representative of the central government. And for the cancellation of regional regulations based on decision of the constitutional court number 137/puu-xiii/2015 the cancellation of regency / city regulations and decision of the constitutional court number 56/puu-xiv/2016 cancellation of provincial regulations is the authority of the supreme court. The main problem of this study is what the regional representative councils authority actually is in law number 2 year 2018 concerning the people’s consultative assembly, house of representative, regional representative councils and regional legislative assembly and how the regional representative councils authority exists in monitoring and evaluating the regional regulation and regional regulation based on law number 2 year 2018 concerning the people’s consultative assembly, house of representative, regional representative councils and regional legislative assembly. This thesis uses normative legal research, namely library research using secondary data. The data obtained were analyzed qualitatively. The position of the regional representative councils in Indonesian constitution is weak because it has limited authority such as a limited legislative function, which can only submit, discuss but not participate in the draft law. The supervisory function is that the results of supervision by the regional representative councils cannot be directly executed. The regional representative councils is very important when acting as a member of the people’s consultative assembly, namely the process of the president's impeachment to the people’s consultative assembly and the amendment to the 1945 constitution because its authority is not limited. The authority of the regional representative councils in monitoring and evaluating draft regional regulations and regional regulations which are the focus points of the regional representative councils is only this regional regulation and authority only in the form of recommendations to the house of representative because recommendations are a form of repressive supervision. then recommendations can also be submitted to the the regional legislative assembly and regional heads to review the problematic regional regulations to be revised, as well as recommendations to non-governmental organization to conduct a judicial review of the supreme court representing the communities whose rights have been harmed by regional regulations and allegedly contradicting higher legislation. The regional representative councils recommendations are not binding as according to Indonesian dictionary the meaning of recommendations is advice that advocates and in the 1945 Constitution of the Republic of Indonesia the results of supervision carried out by the regional representative councils submitted to the house of representative as material for consideration to be followed up.

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