Karya Ilmiah
TESIS (1271) - Kewajiban Anggota Dewan Perwakilan Rakyat Daerah (DPRD) Terhadap Konstituen
As a result of the enactment of Local Government Law (Act No. 32 Year
2004) and The Making Process of Legislation Law (Act No.10 Year 2004) public
have greater opportunities to participate in the process of legislation in its region. It
derives from Article 53 Act No.10 year 2004. The reinforcement of legislation,
budgeting and controlling function can be done through the optimization of
Provincial/District Legislative Council’s role (DPRD). DPRD is as a balance of
power for the executive, while the social control can be done in public
participation through Non Governmental Organization (NGO) and social
organization.
This legal research uses three sorts of approach namely statute approach,
case approach and conceptual approach. The Legal resource includes primary legal
resource and secondary legal resource. The primary legal resources consist of
Local Government law ( Act No.32 Year 2004), The Making Process of
Legislation Law ( Act No. 10 Year 2004), and People Consultative Assembly
,House of Representative, house of Regional Representative, Provincial and
District Legislative council Law (Act No.27 Year 2009) Government Regulation
No.25 Year 2004,Government Regulation No.16 Year 2010 the Arrangement
Guidelines for the House of Representatives’s Rules. The Sencondary legal
resources consist of legal literatures and doctrines.
The research result shows that the function of legislation, budgeting and
controlling have not been implemented properly. It is reasoned by the Regional
House of Representative’s Rules does not firmly mention about public
participation in the making process of regional regulation. Public and societies
only have the right to participate in the process of preparation and consideration of
regional regulation. The obstacles of DPRD to implement its functions comprise of
internal and external factors. The Internal factors include the education level
among the members of DPRD quite varied, the expert staff that prepares the local
regulation draft has not provided yet, whereas, the external factors comprise of the
recruitment political party member is less concern to the need assessment of the
council, the lack of public participation in the making process of regional
regulation.
Key word : regional autonomy, Regional legislation, Public Participation
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