Saputra, Dandi (2025) Analisis Yuridis Kedudukan Dewan Perwakilan Rakyat Daerah Pasca Reformasi. Masters thesis, Universitas Islam Riau.

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Abstract

The issue of regional representative institutions, often called DPRDs, is one of the aspects regulated in the legislation governing regional government. Post-reform legislation (Law No. 22 of 1999, Law No. 32 of 2004, and Law No. 23 of 2014) regulates the position of DPRDs. These laws and regulations regulate the position of DPRDs.The problem in this research is How is the Position of the Regional House of Representatives as an Organizing Element of Regional Government Based on Applicable Legislation? Can the implementation of the functions of the Regional People's Representative Council as an organizing element of local government be interpreted as subordinate to the executive?This type of research is normative law, comparative law approach, with primary, secondary and tertiary legal materials. By using literature study data collection techniques by means of descriptive analysis.From the results of the research it can be concluded, First, Law No. 22 Year 1999 DPRD has a clear position as a legislative body, however, its implementation often deviates from its purpose, with abuse of power that hampers the effectiveness of local government. Collusion and conflict between DPRDs and local executives often occur, even leading to the impeachment of regional heads, which destabilizes the government. Secondly, Law 32/2004 establishes three main functions of DPRDs: legislation, budgeting, and supervision, which function as representatives of local communities. DPRDs have the right of initiative to propose local regulations, assess local budgets, and oversee government performance. However, in the context of a unitary state, authority tends to be centralized in the executive, with local regulations serving more as a means of implementing national policies. The evaluation process by the central government prior to the approval of local regulations reduces the effectiveness of the DPRD's legislative and budgetary functions, increasing central control over local initiatives. Third, under Law No. 23/2014, DPRDs are recognized as an element of local government administration, rather than a legislative body. Although the main functions of DPRDs continue to include the formation of local regulations, budgeting, and supervision, the term “legislative function” was changed to “local regulation formation function” to avoid confusion with the central Parliament. The reforms also shifted the responsibilities of regional heads to the central government, reducing the influence of DPRDs in oversight. DPRDs were tasked with receiving people's aspirations, but follow-up often depended on local governments. This provision emphasizes the role of DPRDs as representatives of the people in supporting regional autonomy, although there are limitations in accordance with the principle of a unitary state.

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