David Aprizon Putra
Institut Agama Islam Negeri (IAIN) Curup

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Juridical Overview of the Position of the Regional Representative Council (DPD) of the Republic of Indonesia in the Legislation System in Indonesia David Aprizon Putra
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.4607

Abstract

The establishment of the Regional Representative Council (DPD) is also intended to reform the structure of representation in Indonesia into two chambers (bicameral), so that the People’s Consultative Assembly (MPR) consists of the DPR and DPD. With this bicameral structure, it is hoped that the legislative process can be carried out based on a double-check system that allows the representation of the interests of all the people to be relatively distributed on a broad social basis. This research is a normative juridical research, trying to explore and analyze problems using a conceptual approach and legislation.  It is strongly felt that the functions and powers as stated in Article 22 D of the 1945 Constitution after the amendments are difficult to realize the aims and objectives of the establishment of the DPD RI, especially with the provisions in the MD3 Law and the PPP Law. However, now after the issuance of the Constitutional Court of Indonesia’s decision stating that the provisions in the MD3 Law and the PPP Law related to the DPD's authority were declared contrary to the Constitution, now the DPD has an equal position and has equal rights and obligations with the DPR and the President in terms of formulating legislation. With this equal position, the DPD can submit a Draft Law (RUU) related to the region, which includes autonomy, financial balance between the center and the regions, the relationship between the central and regional governments, the formation and expansion and amalgamation of regions, as well as natural resource management. It is hoped that after the decision of the Constitutional Court, the performance of the DPD, especially in the service of forming regulations related to autonomy and development. After the decision of the Constitutional Court, the performance of the DPD, especially in the service of forming regulations related to autonomy and development, is expected
Legal Study of The Existence of Genuine Autonomy in Order to Organize Village Autonomy in Indonesia David Aprizon Putra; M. Anton Alifandi
NEGREI: Academic Journal of Law and Governance Vol 1, No 1 (2021)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.95 KB) | DOI: 10.29240/negrei.v1i1.2623

Abstract

The centralized system implemented by the New Order government made the central to regional movements only as the form of exploitative movements. Meanwhile, the movement from the regions to the center has only become an enslaving movement. This fact then became the basis for the formation of genuine autonomy, which seeks to turn imperial cosmopolitanism into micro-politics in the form of regional autonomy. This was followed by the birth of Village autonomy in 2014, which certainly brought fresh air in the governance development order in Indonesia. The effort to restore the essence of genuine autonomy, which is indeed a pure value that has existed and belonged to the archipelago, is one of the gold goals for implementing this village autonomy. This legal research uses a normative-sociological approach based on statutory data, literature studies and history. There are many significant things related to strengthening the existence of Genuine Autonomy/Village Autonomy in Law Number 6 of 2014 concerning Villages. We can see this in terms of: Regarding the definition of village (Article 1 point 1), Setting 10 percent of APBN funds to be allocated to the Village, Regarding to the evolution of village authority (Articles 18 and 19), Regarding the portion of village rights [Article 6 act (1 )], Regulation on Village-Owned Enterprises (Article 87). There are several things we can do in an effort to maintain the existence of genuine autonomy/village autonomy in Law Number 6 of 2014 concerning Villages: 1). Legislative: The need of a strong legal certainty foundation; 2). Executive: The need for Government Apparatus with integrity, professional, neutral, and noble character, Community Participation; 3). Community: Strong and Participatory Civil Society