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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 368 Documents
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Desain Konstitusional Pengawasan Parlementer di Indonesia: Antara Kewenangan Normatif dan Realitas Politik Siti Fatimah; Muhammad Adib Alfarisi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The inconsistency of institutional design in the modern democratic system has an impact on the weakening of the legislative oversight function and the occurrence of a shift in accountability mechanisms. This is influenced by the dominance of the government coalition in parliament, the weak role of the opposition, the limitation of supervision instruments and follow-ups, structural constraints and institutional capacity, and a political culture that tends to be compromised. This phenomenon reflects an imbalance in the checks and balances mechanism. Thus, the main problem does not lie in the absence of the authority of the DPR, but in the political and institutional conditions that have not supported the effective implementation of the supervisory function. This article aims to analyze the constitutional design of the supervisory function of the House of Representatives in the 1945 Constitution of the Republic of Indonesia and evaluate its effectiveness in constitutional practice. The problems studied focus on the gap between normative forces and empirical reality, where a formally strong institutional design is not always aligned with implementation in the field. This study uses normative legal methods with constitutional, conceptual, and comparative approaches, and is supported by the theoretical framework of separation of powers, checks and balances, horizontal accountability, and judicialization of politics. The results of the study show that normatively, Article 20A of the 1945 Constitution has provided a strong basis for the House of Representatives in carrying out its supervisory function through the right of interpellation, the right of inquiry, and the right to express opinions. However, in practice, the effectiveness of these functions is greatly influenced by political dynamics, especially the dominance of government coalitions and weak opposition, as well as structural constraints in the form of limited sanctions and follow-up mechanisms. This condition causes the supervisory function of the House of Representatives to not run optimally and triggers a shift in the supervisory role to judicial institutions, especially the Constitutional Court. Therefore, the effectiveness of legislative oversight is determined not only by the strength of the constitutional design, but also by political dynamics and institutional capacity. Thus, it is necessary to strengthen institutional design and political reforms to ensure that the oversight function of the House of Representatives can run effectively within the framework of the presidential system and the principle of horizontal accountability.
Menuju Pengawasan Perpajakan yang Optimal: Rekonstruksi Kewenangan Komisi XI DPR RI melalui Sinergi Temuan BPK, Perlindungan Kerahasiaan Data Pajak, dan Adopsi Model Komparatif Amerika Serikat Abdullah Widy Asshidiq; Axel Raphael; Jeremi Syafa’at Umbu Lamba Awang
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research examines the construction of the House of Representatives (DPR), specifically Commission XI, oversight on tax revenues, the weaknesses of the existing system, and the ideal design of oversight based on the Supreme Audit Agency (BPK) findings that align with tax data confidentiality. This is a normative legal research utilizing statutory, conceptual, and comparative approaches with the United States congressional oversight mechanism. The results indicate that Commission XI's current oversight is suboptimal due to limited technical capacity, constraints in interpreting tax data confidentiality, fragmented coordination with BPK, short-term political orientation, and the absence of a standardized oversight methodology. To overcome this dysfunction, the oversight mechanism needs to be reconstructed by referencing the joint tax committee model in the United States. This ideal design includes establishing a Tax Analysis Unit as parliamentary technical support, formulating an aggregate tax data access protocol that complies with data confidentiality principles, and creating a structured, legally binding follow -up mechanism for BPK findings.
Pengawasan Dewan Perwakilan Rakyat Terhadap Tindak Lanjut Temuan Badan Pemeriksaan Keuangan dalam Kajian Yuridis Normatif Azhari Asrorrrudin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study examines the House of Representatives' (DPR) oversight of the follow-up to findings by the Supreme Audit Agency (BPK). The study focuses on the legal regulations that form the basis for oversight and the factors influencing its effective implementation. The method used is normative juridical research with a statutory, conceptual, and case-based approach. The results indicate that although the DPR has constitutional legitimacy to carry out its oversight function, its implementation of follow-up to BPK findings has not been optimal. This is due to various obstacles, such as weak enforcement of sanctions, limited institutional capacity, the influence of political interests, and a lack of synergy between the DPR and BPK. Furthermore, the lack of detailed technical regulations and low compliance of audited entities also reduce the effectiveness of oversight. Therefore, strengthening regulatory aspects, improving institutional quality, and improving coordination are needed to promote accountability in state financial management.
Menilai Calon DPR : Fit And Proper Test Berbasis, Moralitas, Intelektualitas, Elektabilitas Ridho Ilham
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Introduction: The Fit and Proper Test (FPT) is an important process in assessing potential leaders in the democratic country of Indonesia, which aims to ensure that candidates meet the requirements of morality, intellectuality and electability. Based on Law no. 17 of 2014 and Law no. 8 of 2015, the morality aspect requires prospective leaders to have integrity and a good track record. However, challenges arise from politicization which often ignores these values. Methods of the Research: This research uses a qualitative approach with descriptive analysis, collecting data through literature studies and expert interviews. The results are expected to provide an overview of the effectiveness of the fit and proper test regarding morality, intellectuality and electability, as well as recommendations for future improvements. Historical and conceptual approaches are also applied to systematically understand legal philosophy. Results of the Research: The conclusion of this research confirms that the Fit and Proper Test (FPT) has a vital role in selecting quality leaders in Indonesia. This process must consider morality, intellectuality and electability in accordance with the provisions of the law. Although challenges in implementation often arise due to politicization, transparent and accountable FPT reform is very important to produce leaders who are able to advance the nation.
Koalisi Pemerintah di Parlemen: Relasi Eksekutif-Legislatif melalui Hak Angket Era SBY dan Jokowi Andi Sitti Ainy Nur Alifah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This study examines the relationship between the configuration of government party coalitions in the House of Representatives (HoR) and the frequency of the right of inquiry usage during the presidencies of Susilo Bambang Yudhoyono (SBY) and Joko Widodo (Jokowi). This research employs a normative juridical approach utilizing secondary data obtained through library research, which is subsequently analyzed descriptively with deductive conclusions. The findings reveal that both the SBY and Jokowi administrations share a common pattern, namely a consistent increase in coalition seat share from the beginning to the end of each presidential term, accompanied by a decline in the frequency of right of inquiry usage in the second term. Under SBY’s presidency, the government coalition in parliament grew from 30.49% at the outset of the first term to 75.53% by the end of the second term, correspondingly alongside a reduction in right of inquiry proposals from 13 to merely 1. A similar trend occurred during Jokowi's presidency, where the coalition expanded from 36.96% at the beginning of the first term to 83.65% by the end of the second term, with right of inquiry proposals declining from 3 to none at all. Nevertheless, this study concludes that the quantity of government coalition seats in the HoR does not, in itself, constitute the primary determinant in the utilization of the right of inquiry as a parliamentary oversight mechanism.
Pola Komunikasi Politik Anggota Legislatif dengan Kontituen dalam Meningkatkan Kepercayaan Publik Kamilia Farha Imani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Political communication between legislative members and their constituents is a crucial determinant in building public trust in democratic institutions. In Indonesia, the persistently low level of public trust in legislative bodies highlights the urgency of examining the patterns and strategies of communication employed by legislators. This study is relevant because the patterns of political communication established between representatives and their constituents play a strategic role in fostering transparency, accountability, and closer representative relationships, thereby encouraging the growth of public trust in legislative institutions. This research employs a Literature Review method, aiming to utilize and synthesize existing data without collecting primary data such as field observations. The findings indicate that the implementation of a multi-platform political communication strategy combining formal mechanisms (constituency recess) with digital platforms (such as social media and official websites) can enhance communication between constituents and legislative members, with the aim of promoting transparency, responsiveness, and the effective implementation of constituents’ aspirations.
Antinomi Norma dan Implikasi Yuridis Rekomendasi Rapat Dengar Pendapat Dewan Perwakilan Rakyat terhadap Penegakan Hukum Yuniar Riza Hakiki; Rahmadiana Bella Mahmuda; Aulia Rachman Eka Putra; Bagus Putra Handika Pradana
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The oversight function of Commission III of the Indonesian House of Representatives (DPR RI) often clashes with the principle of law enforcement independence. This study aims to restructure the parliamentary oversight function to enhance the independence of law enforcement agencies guaranteed by the Constitution. The research method is normative legal research with statutory and conceptual approaches. The results indicate significant antinomy between the MD3 Law and the Criminal Procedure Code (KUHAP), the Prosecutor Law, and the Police Law, leading to legislative overreach. Although Constitutional Court Decision No. 36/PUU-XV/2017 legitimizes political oversight, the absence of material boundaries in Hearings (RDP) often triggers undue influence on case technicalities, violating the principle of due process of law. A reconstruction of norms through the revision of the MD3 Law is required to emphasize the demarcation between policy oversight and case oversight. This reconstruction includes implementing the principle of "exhaustion of remedies," tiered confidentiality, and redefining RDP recommendations as non-executory administrative-instructional "constitutional notifications" to ensure a balance between public accountability and judicial independence.
Dinamika Fungsi Pengawasan DPR RI terhadap Pengelolaan APBN dalam Perspektif Check and Balances Putut Dwiharyanto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This paper analyzes the dynamics of the Indonesian House of Representatives' (DPR RI) oversight function over the management of the State Budget (APBN) within a framework of checks and balances. As a legislative pillar, the DPR has a constitutional mandate to ensure the state budget is managed transparently and accountably. However, in practice, this oversight is often influenced by political constellations, government coalition relations in parliament, and technical limitations. This paper reviews the oversight mechanisms, existing obstacles, and the urgency of strengthening the oversight function to achieve democratic state financial governance. Keywords: Check and Balances, Indonesian House Representatives, Supervisory Function
Distorsi Anggaran Pendidikan dalam APBN 2026: Uji Kritis Pengawasan DPR terhadap Program MBG Kodrat Alamsyah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The allocation of the Free Nutritious Meal Program (MBG) within the 2026 State Budget education sector raises constitutional issues concerning the interpretation of mandatory education spending under Article 31 paragraph (4) of the 1945 Constitution of Indonesia. This study examines the House of Representatives’ oversight of MBG allocation in the 2026 education budget and its conformity with the constitutional objectives of education spending. This research is normative legal research employing statutory, historical, conceptual, and case approaches. Legal materials were collected through library research on legislation, constitutional amendment records, Constitutional Court decisions, and literature concerning constitutional budgeting and parliamentary oversight. The study also applies content analysis to statements made by the House of Representatives and the Budget Committee, supported by educational statistical data. The findings indicate that parliamentary oversight tends to be formalistic and procedural, focusing primarily on the administrative fulfillment of the 20% mandatory education spending requirement rather than substantive evaluation of educational quality. Consequently, such oversight risks creating distortions in education budgeting and deviating from the constitutional purpose of mandatory education spending.
Penguatan Fungsi Pengawasan Undang-Undang oleh DPR: Integrasi Representasi Politik dan Daerah Cipta Indra Lestari Rachman; Muhamad Ikhwan Pratama; Arzella Mutiara Hakim; Cindy Aulia Fatharani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research aims to analyze the synchronization of the composition of the non-territorial DPR (People's Consultative Assembly) apparatus and the implementation of oversight functions in the context of regional autonomy, as well as to examine the harmonization of oversight functions between the DPR and DPD (Regional Representative Council) in improving the quality of regional aspiration representation. The method used is normative juridical, with a legislative and conceptual approach, through a literature review of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The research results show that the composition of the DPR's supporting tools, which is more influenced by the political configuration of factions, leads to an imbalance in regional representation within the commissions, thereby undermining the oversight function that is responsive to regional needs. On the other hand, the limited oversight function of the DPD and its lack of structural integration with the DPR create a gap between national oversight and regional aspirations. Therefore, harmonization is needed through strengthening coordination mechanisms and integrating the results of DPD oversight into the monitoring function of DPR to achieve substantive and equitable representation.

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