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Dilemma of the Dualism of the Position of the Regional House of Representatives in the Regional Government System Pone, Darlian; Bakir, Herman
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.294

Abstract

This study investigates the dualism of roles within the Regional House of Representatives (DPRD) in Indonesia, focusing on its legislative and executive functions in the regional government system. As a legislative institution representing the people and a partner of the executive, the DPRD faces challenges in balancing these roles, often leading to potential conflicts of interest and weakened oversight functions. The study aims to analyze the challenges and propose strategies for enhancing the effectiveness of the DPRD in fulfilling its dual roles. Using a normative juridical approach, this research examines legislative provisions and conceptual frameworks to identify the gaps and complexities in the DPRD's current position. The findings reveal that role conflicts hinder the DPRD's ability to effectively oversee and collaborate with regional governments, affecting policy quality and public trust. This study recommends clear role delineation, enhanced institutional capacity, and improved communication between the DPRD and regional governments. These measures are expected to strengthen the DPRD’s legislative and oversight functions while maintaining its partnership with the executive, ultimately contributing to more effective and transparent regional governance.
Problems in the Implementation of Regional Regulations in Lampung Province as A Result of the Initiative Proposal of the Regional Legislative Council Pone, Darlian; Ridlwan, Zulkarnain; Firmansyah, Ade Arif
International Journal of Multidisciplinary: Applied Business and Education Research Vol. 6 No. 7 (2025): International Journal of Multidisciplinary: Applied Business and Education Rese
Publisher : Future Science / FSH-PH Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijmaber.06.07.06

Abstract

This study aims to identify and explain the problems surrounding the implementation of Regional Regulations initiated by the Lampung Provincial House of Representatives (DPRD), particularly in terms of their effectiveness in supporting community welfare. Using a normative legal research method with a statute and theoretical approach, this study analyzed 12 Regional Regulations issued between 2015 and 2023 through content analysis of legal texts and supporting documents. The findings indicate two major issues. First, the absence of follow-up regulations in the form of Governor Regulations creates a legal vacuum, which hinders Regional Apparatus Organizations from operationalizing the Local regulation. Second, there is a fundamental disconnect between the legislative focus of the DPRD which emphasizes accommodating community aspirations and the executive priorities of the Regional Government, which are more programmatic and budget-oriented. As a result, DPRD-initiated Local regulation are often not integrated into regional development planning and remain unimplemented. This study recommends strengthening coordination mechanisms between the DPRD and the Regional Government during the legislative planning stage, as well as mandating a time-bound issuance of implementing regulations to ensure effective enforcement of regional laws.
Analysis of The Role Based on The Customary Criminal Justice System of Dayak Bangkalaan in The National Criminal Justice System Pone, Darlian; Saptomo, Ade; Baharudin, Baharudin; Harahap, Aminuddin; Rustam, Rustam
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i3.14826

Abstract

This research is motivated by indigenous peoples' belief in customary rules which encourages studies on their legitimacy in the Indonesian legal system. The author collected study samples from the Bangkalan Dayak tribe in South Kalimantan Province as an example of an Indonesian customary village. This study focuses on two formulations of problems, namely the role of the customary criminal justice system in the national criminal justice system and the impact of Dayak Bangkalan customary criminal justice law enforcement when related to the national criminal justice system. This research is a sociological legal research, the legal data collection technique is carried out through literature review, including primary legal data, secondary legal data, and tertiary legal data related to this research. The result of the study is that the state recognizes the existence of customary law communities in accordance with Article 18B of the 1945 Constitution of the Republic of Indonesia. Even though there is no legal framework that can regulate this at the national level, the mandate of regional legislative policy still recognizes the existence of customary courts. This is evidenced by the existence of regional regulations that recognize and protect indigenous peoples. In addition, the results of the study conveyed that the legal implications arising from customary court decisions turned out to be able to be used as legal data in national criminal courts.