Into An Ideal Representative Democracy


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A CRITICAL REVIEW OF THE ROLE OPTIMALIZATION
IN THE REGIONAL REPRESENTATIVE COUNCIL OF
THE REPUBLIC OF INDONESIA

Description:

The 1945 Constitution amendments has created a figure and system of the state, one of it is about the composition and the position of MPR,DPR,DPD and DPRD. The old MPR consist of DPR member, regional representation, and typical representation, now only consist of two elements which are DPR and DPD. Since the first time told by academics people, this “new” MPR was hoped to be a two room parliaments in existence of DPD that represented the regional and was tasked as an equal partner with DPR.

The basic thinking was: wide, diverse and populated Indonesia with needs of this representation system so the political representation can run better. Sadly this suggestion was not welcomed fully by MPR at the time when the 2001 amendment was done. Suggestion of DPD existence was accepted but an equal position same as DPR was not given. Authorities and the positions was far away from hope, DPD was hoped to represent the society aspirations in regional to a national fulfillments of obligation, thus the reality showed that the constitution was only given a little power for DPD so there was only a small room space for DPD in conducting their regional interests. DPD has a limited authorities and only practicing about regionalist objectives. In the constitution was assured that DPD can give out the act, ”criticizing act”, and “can” observe the act actualization, but in record that the authority was limited to the rule only based on regional autonomy (Article 22D of The 1945 Constitution).

More than that in the Act of composition and position of DPD that had been weakened since it was created by the absence of the regulation of DPD about authority actualization in details. The rules inside the composition and position UU was as if copying the rule of DPD in the constitution. This was caused by an existence of an another rule in the constitution (Article 20) that strongly said that the authority in creating UU was in DPR hands, not DPR together with DPD. Seemed like as if that they can only be DPR counselor only on things about regional, without having the voice to obligate. Interaction between DPD and DPR in legislation procedure, observation, and budget was apposed not from the council procedure but an acceptation from the members of DPR. This kind of bicameral type with a weak upper house was known in few countries. But for the record that the decision to assured that authority from those two councils in the bicameral parliament was born from each countries history context. But things that needs to be underlined for Indonesia itself that the greatest demand that endorsed the bicameral birth was to accommodated the regional interest structurally.

Source : In occasion of The Outstanding Student Election – Faculty of Law University of Indonesia

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