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All Journal ADIL : Jurnal Hukum Ius Civile: Refleksi Penegakan Hukum dan Keadilan
M. Khairu Mamnun
Universitas Gadjah Mada
Law, Crime, Criminology & Criminal Justice

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PERTANGGUNGJAWABAN KEPALA DAERAH ATAS PENYALAHGUNAAN DANA TRANSFER KE DAERAH: TANGGUNG JAWAB HUKUM DAN POLITIK M. Khairu Mamnun; W. Riawan Tjandra
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i2.12571

Abstract

This paper examines the complexity of regional heads' accountability for the misuse of Intergovernmental Fiscal Transfers (TKD) within Indonesia's fiscal decentralization framework. Although TKD is intended to support equitable development and improve welfare, it is often misappropriated by regional leaders at various levels. Employing a normative juridical method with literature review and case study approaches, this study reveals that misuse of TKD is not only a legal violation but also reflects structural weaknesses in fiscal and political oversight systems. Legally, accountability is enforced through criminal and administrative instruments involving the Corruption Eradication Commission (KPK), the Police, the Attorney General’s Office, and the Audit Board (BPK). Politically, mechanisms such as accountability reports to local parliaments (LKPJ), the right of inquiry, and public opinion play roles in supervising regional leaders. However, inadequate human resources, political interference, permissive culture, and poor inter-agency coordination hinder effective accountability. Therefore, an integrated strategy is required—encompassing digitalization of regional finance, strengthened oversight, regulatory reform, and public participation—to build a transparent and accountable fiscal governance system.
Rekonstruksi Kewenangan Legislasi Dewan Perwakilan Daerah (DPD) dalam Sistem Ketatanegaraan Indonesia: Menuju Representasi Daerah Yang Efektif M. Khairu Mamnun
Jurnal ADIL Vol 17 No 1 (2026): JULI 2026
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33476/ajl.v17i1.5516

Abstract

This paper analyzes the weaknesses of the legislative authority of the Regional Representative Council (DPD) in the Indonesian constitutional system and offers a reconstruction concept to strengthen the role of the DPD. Although the DPD is designed as a regional representation in a bicameral system, its limited authority only includes submitting, discussing, and providing considerations to draft laws related to the region. This limitation creates an imbalance between the DPR and the DPD, making the DPD ineffective in fighting for regional interests. This study uses a juridical-normative method with a regulatory, historical, comparative, and conceptualization approach to analyze legal norms and the concept of political representation from John Stuart Mill and Hanna Pitkin. The results show the need for reconstruction of Article 22D of the 1945 Constitution, including granting the right to independent legislative initiative and equal involvement in final decision-making, in order to create a strong bicameral system. Lessons learned from the bicameral systems in Australia and Germany show that strong regional representation supports the balance of legislative power. This reform is expected to strengthen the DPD as an effective regional representative in national legislation, support regional aspirations, and maintain the integrity of the Unitary State of the Republic of Indonesia. Keywords: Regional Representative Council, Legislative Authority, Regional Representation, Bicameral System, Amendment to the 1945 Constitution.
Co-Authors W. Riawan Tjandra