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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Hukum Lex Generalis Perspektif Hukum
hananto widodo
Universitas Negeri Surabaya
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Perspektif Hukum

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Perluasan Kewenangan Pengawasan Dewan Perwakilan Rakyat Republik Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Hananto Widodo
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.12

Abstract

In general, there are at least 3 functions of the people's representative body. First, the function of legislation. Second, the supervisory function. Third, the budget function. This type of research used in this study is normative research. By using a statutory, conceptual and historical approach. The authority of the DPR's oversight before and after the amendment to the 1945 Constitution does not only lie in the regulation, where before the change is stipulated in the explanation and after the amendment to the 1945 Constitution is regulated in the Articles of the Constitution, but there is an expansion of the intended subject. In the 1945 Constitution prior to the amendment, the supervision of the House of Representatives was only addressed to the President whereas after the amendment to the 1945 Constitution the supervision of the House of Representatives was not only addressed to the President, but to all agencies or officials who carried out Government functions. The authority of the House of Representatives in conducting oversight becomes wider after the issuance of the Constitutional Court ruling No. 36 / PUU-XV / 2017, because independent state institutions, such as the Corruption Eradication Commission and the Election Commission can be subject to oversight by the House of Representatives.
Penataan Penataan Kewenangan KPU dan Bawaslu dalam Melakukan Pengawasan dan Menangani Sengketa Proses Pemilu Hananto Widodo; Dicky Eko Prasetio
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.93

Abstract

The general election organizing body is an institution designed to have a check and balance function so that it is oriented towards realizing a democratic process in accordance with the constitution. In Indonesia, the institution responsible for the implementation of the general election is not only the General Election Commission but also other institutions, such as the General Elections Supervisory Board and the Honorary Council for General Election Organizers. This study seeks to initiate the structuring of the General Election Commission and the General Elections Supervisory Agency in supervising and handling disputes over the General Election process. This research is a legal research. This research uses a statutory approach, a conceptual approach, and a historical approach. The results of this study indicate that if it is made in stages, if the election participants do not accept the General Election Commission's attitude, then the election participants can appeal to the General Elections Supervisory Agency, and if there are parties who cannot accept the decision of the General Elections Supervisory Board, then the those who cannot accept it should file a lawsuit to the State Administrative High Court.
Parameter Pengawasan Politik Dewan Perwakilan Rakyat Republik Indonesia Menurut Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Hananto Widodo
Perspektif Hukum VOLUME 19 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v19i2.117

Abstract

Amendments to the 1945 Constitution have provided support to the DPR, including strengthening the DPR's oversight function. Article 22 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The DPR's supervisory function as a compilatory composer is elaborated in Article 79 paragraphs (2) and (3) of Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). In Article 79 paragraphs (2) and (3) of MD3 Law only norms are formulated which become the object of interpellation and the questionnaire rights are legislation and policies. The formulation of Article 79 paragraphs (2) and (3) does not explain the parameters used by the DPR to request policies from the Government. The purpose of this article is to provide parameters for the use of interpellation rights and questionnaire rights to government policies. This type of research in this paper is normative research. With primary legal material for the 1945 Constitution of the Republic of Indonesia and Law No. 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3). The parameters of the right of interpellation and the right of questionnaire to government policies that were born from free government authority are general principles of good governance (AAUPB).
Co-Authors Bachrul Amiq Bryan Fanani Almanda Deny Ardiyan Dicky Eko Prasetio Dilla Nurfiana Astanti Eny Sulistyowati Fajar Fathony Gana Ageng Prayogo Mahendra Wardhana Masnun, Muh Ali