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All Journal Jurnal Yuridis JURNAL USM LAW REVIEW MAQASIDI Semarang Law Review Research Horizon Journal of Progressive Law and Legal Studies
Thohari, Ahmad Ahsin
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Research Horizon

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Exercising the Role and Authority of Indonesia's Senate: Implications of Constitutional Court Decision 92/PUU-X/2012 Kafandi, Muhammad Afif; Setiadi, Wicipto; Thohari, Ahmad Ahsin
Research Horizon Vol. 4 No. 5 (2024): Research Horizon - October 2024
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.4.5.2024.379

Abstract

The Regional Representative Council (Dewan Perwakilan Daerah/DPD) in Indonesia is a legislative body that reflects the country's bicameral system, which includes two chambers. However, the DPD’s authority is notably weaker than that of the House of Representatives (Dewan Perwakilan Rakyat/DPR), leading to what is often described as "soft bicameralism" in Indonesia. This study explores the role and authority of the DPD following the Constitutional Court Decision Number 92/PUU-X/2012, which addressed the DPD's function within the legislative process. The research adopts a normative approach, focusing on legal norms from the 1945 Constitution and related legislation, alongside a statutory and historical analysis. This includes examining relevant laws, such as Law Number 17 of 2014 and the DPR's 2014 Rules of Procedure, which incorporate the Constitutional Court's decision. This decision essentially introduced a tripartite legislative model involving the DPR, DPD, and the President, providing the DPD a role in Level I discussions. In Level II discussions, the DPD presents its opinions during plenary sessions before a bill’s approval between the DPR and the President. However, the DPD remains excluded from the final ratification. Strengthening the DPD's legislative authority requires a fifth constitutional amendment to enhance its role or a willingness by the DPR to share legislative responsibilities, thereby establishing a stronger checks and balances system.
Analysis of Law Number 20 of 2023 and the Role of Academic Manuscripts in Indonesian Law Formation Budi Dharma, Widya Castrena; Syahuri, Taufiqurrohman; Thohari, Ahmad Ahsin
Research Horizon Vol. 5 No. 2 (2025): Research Horizon - April 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.2.2025.472

Abstract

Article 43 paragraph (3) of Law Number 12 of 2021 requires that every Draft Bill (Rancangan Undang-Undang/RUU) submitted by the President, the People's Representative Council, or the Regional Representative Council must include an Academic Manuscript. This document contains a scientifically proven legal study outlining the necessity of regulating a problem and its resolution in the Draft Bill. The Academic Manuscript serves as a key reference during the legislative planning process. This study explores the role of the Academic Manuscript in law formation and analyzes the RUU on Amendments to Law Number 5 of 2014, focusing on its alignment with the Academic Manuscript. Using legal and empirical approaches, the research evaluates the application of norms under the Law on the Legislation Drafting, which mandates an Academic Manuscript for drafting laws. Law Number 20 of 2023 accommodates strategic issues highlighted in the Academic Manuscript. However, during the discussion process, the RUU underwent significant changes, with over 50% of its substance added. Despite these additions, the Academic Manuscript remained unchanged. Ultimately, the RUU led to the repeal of Law Number 5 of 2014 and its replacement with Law Number 20 of 2023, which redefines the regulations concerning the State Civil Apparatus.
Co-Authors Arazid, Arazid Budi Dharma, Widya Castrena Heru Sugiyono Kafandi, Muhammad Afif Muhammad fauzan Taufiqurrohman Syahuri Yusuf, Farizh Maulana Zaifa, Gilang Abi