Vol.4, No.06, Juni 2023

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Jurnal Indonesia Sosial Sains, Vol. 4, No. 06, Juni 2023 555

Juridical Review Of The People's Representative

Council In Making Public Policies Through The

Perspective Of Law Number 17 Of 2014

Rinduwan

, Lamijan

1,2

Universitas Darul Ulum Islamic Centre Sudirman GUPPI, Indonesia

Email: [email protected]

, [email protected]

Corresponding Author: [email protected]

ARTICLE INFO

ABSTRACT

Keywords: Juridical Review;

House of Representatives;

Law No. 17 of 2014.

Legislation is one of the legal products of the number of existing

legal products. The legislation contains general and abstract legal

norms. It is general because existing legal norms apply to every legal

subject in general. While being called abstract lies like legal norms

which are not concrete in regulating legal events and are the object

of regulation. Thus, a good law which incidentally is a type of

legislation must have a philosophical basis, a sociological basis, and

a juridical basis. Based on the principle of a rule of law, namely that

government is organized based on laws, then in running a

government it must refer to statutory regulations which become

guidelines for the administration of a country based on the will of

the people. The constitution is the guideline in the state and then

elaborated in laws and regulations. This type of research is

normative research. The approach used is a statutory approach

(statute approach) and a conceptual approach (conceptual

approach). The source of data used is secondary data. Data analysis

was carried out in a qualitative descriptive manner. The conclusion

is carried out using the deductive method, namely from general to

specific, especially those related to the research topic, namely the

Juridical Review of the House of Representatives in Making Public

Policy in the Perspective of Law No. 17 of 2014. The result found

community is concerned that in implementing or enforcing the law,

justice is considered. In upholding the law, there must be a

compromise between legal certainty, benefit, and justice, the three

elements must receive proportional and balanced attention. Thus,

legislation is a political product from which legislators turn into

legal products when their preparation meets the elements of legal

certainty, benefit, and justice in a proportional and balanced

manner. There is a paradigm that the law governing representative

institutions is part of a package of laws in the political field that

needs to be changed. Laws governing representative institutions

need to be seen as laws in the institutional context of the

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constitutional system. As previously stated, one of the problems that

arise as a result of this law being considered as part of a package of

regulations in the political field is institutional arrangements.

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

1. Introduction

One of the state institutions in the branch of legislative power in Indonesia that

has legislative authority is called the People's Representative Council (DPR) read

"The People's Representative Council holds the power to form laws", the function of

legislation is not only attached to the DPR as its institution, each member of the DPR

as a legislator also has the right to be able to propose a Draft Law (RUU) whose

conditions and procedures the method is regulated in the laws and regulations. In

addition to the legislative function, the DPR has other functions, namely the

budgetary and supervisory functions (Haruni, 2022). Indonesia as a constitutional

state is stated in Article 1 paragraph (3) of the 1945 Constitution which reads

"Indonesia is a constitutional state". The concept of rule of law is inseparable from

(Susanti, 2017) its own point of support, in particular the thought of law and order.

This understanding is an instructing that says that the greatest power lies with the

law or there could be no other power at all, aside from the actual law (Haryati, 2016).

The characteristics of a democratic rule of law are that the people hold a key role

and central position in determining the direction of policy. Implicitly, the notion of

democracy is reflected in the closeness of the rulers or leaders of the nation to the

people by applying the principle of openness or transparency and being willing to

correct and rectify policies deemed to be detrimental to the interests of the people

(Mila et al., 2020).

In view of the standard of a law and order, in particular that administration is

coordinated in light of regulations, then in running an administration it should

allude to legal guidelines which become rules for the organization of a nation in view

of the desire of individuals (Ardhanariswari et al., 2021). The constitution which is

a guideline in the state and then elaborated in laws and regulations which are

divided into several types of laws and regulations is contained in Law Number 12 of

2011 concerning the Formation of Legislation. Good laws and regulations are those

that are in harmony with other laws and regulations. The disharmony of a statutory

regulation with other regulations, both at the same level and at a different level, will

cause a complex problem. As a result, these regulations can be canceled because of

things that are contrary to the constitution or the laws and regulations above it (Nur,

2018).

However, basically, the powers of the DPR during the reform order were

classified as very strong in authority, with the DPR's powers a system of checks and

balances could emerge, in this case, its supervisory function which could be

activated both in supervising the executive and legislative institutions. The presence

of corrections to the 1945 Constitution incredibly impacted the position and

authority of the DPR as a regulative body. Extremist changes to the arrangements of

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Article 5 passage (1) and Article 20 section (1) of the 1945 Constitution by

essentially decreasing the force of the President in making regulations to turn into a

political cycle in the DPR as the most prevailing power in deciphering the

regularizing plans contained in the 1945 Constitution (Susanti, 2017). Now the

supremacy of the DPR in the legislative process is very dominant because the

President has no other choice but to pass the draft law. In Law no. 17 of 2014, the

task of drafting a law is the commission's duty. The task of the commission in

forming laws is to prepare, draft, discuss and refine draft laws (Wenda et al., 2021).

Even in carrying out this task, the commission can hold working meetings with the

Government represented by ministers/heads of institutions, consultations with the

DPD, hearings with Government officials representing their agencies, and public

hearings, either at the request of the commission or at the request of other parties

(Ardhanariswari et al., 2022).

In this regard, what is meant by the philosophical basis of the legislation is

none other than the ability to perceive the formation of laws or statutory regulations

regarding the values embodied in philosophical theories, as well as the official

philosophical doctrine of the state, namely Pancasila. It is for this reason that any

form of laws or statutory regulations in Indonesia should pay serious attention to

the concepts contained in Pancasila. In the context of forming a law, Pancasila is not

only the philosophy of the Indonesian nation but also has a position as a legal ideal

(rechtsidee) that must animate every legal norm contained in the law (Samangun et

al., 2019). In other words, the law that is formed must be a law that reflects

philosophical values which are the ideal values of the Indonesian nation, namely

values that reflect justice and virtue, so that everyone obeys and obeys them. Thus,

every establishment of legislation in Indonesia cannot be separated from this value

system. With the function of the DPR, especially in the field of legislation, it is hoped

that our country will be better off as a country that adheres to the common law

system. This is important because currently law enforcement in Indonesia is always

felt to be far from justice, let alone creating peace (Sidarta, 2017).

The obstacle to realizing justice and peace (justice for the piece) in law

enforcement as well as the implementation of government in Indonesia is the weak

quality and quantity of legislation produced. When the old MD3 Law was still in

effect, the formation of laws and regulations was still far from good where academic

texts that should have been the initial basis for forming a law were often ignored. In

carrying out its duties, the DPR RI Expertise Body currently has 5 (five) central

structures, each of which has focused to support the smooth functioning of the DPR

RI. As for each center in the DPR RI Expertise Body, namely: 1. Center for Drafting

Laws, 2. Center for Research, 3. Center for State Budget Analysis, 4. Center for State

Financial Accountability, and 5. Center for Monitoring the Implementation of Laws.

Each of these centers is headed by the Head of the Center and has functional staff as

the legal drafting staff at the Center for Drafting Laws (Ilham & Pasamai, 2021).

2. Materials and Methods

This kind of examination is standardizing research. The methodology utilized

is a legal methodology (resolution approach) and a calculated methodology

(reasonable methodology). The wellspring of information utilized is auxiliary

information. Information examination was directed in an engaging subjective

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(Atmadja, 2013). Concluding is carried out using the deductive method, namely

completing from general to specific, to those related research topics such as the

Juridical Review of the House of Representatives in Making Public Policy in the

Perspective of Law No. 17 of 2014. Subjective information examination is

accomplished on the off chance that the observational information got is as an

assortment of words and not in that frame of mind of a progression of numbers and

can't be sorted out into classifications. The information is gathered in different ways

(interview perceptions, archive occurrences, and tape accounts). It is typically

handled first prior to being utilized in subjective exploration including the

consequences of interview records, information decrease, examination, information

understanding, and triangulation (Sormin, 2023).

3. Results and Discussions

1. Juridical Review of the House of Representatives in Making Public Policy

Through Law No. 17 of 2014

The declaration that Indonesia is a protected state is contained in Article 1

Passage 3 of the 1945 Constitution of the Republic of Indonesia. It emphasizes that

Indonesia in its governmental and state administration is based on the mechanism

of regulating society based on regulations/constitution. Resolutions that talk

about the progressive design of Indonesian guidelines have gone through a few

changes, since the establishment of the MPRS Declaration No. XX/MPRS/1966

concerning the DPR-GR Update in regards to the Wellsprings of the Republic of

Indonesia's Legitimate Endlessly request of the Republic of Indonesia's

Regulation, MPR Announcement Number III/MPR/2000 concerning the

Wellspring of Regulation And the Request for Regulation, until the establishment

of Regulation Number 10 of 2004 concerning the Development of Regulation. The

Territory of Indonesia in Article 7 of Regulation no. 12 of 2011 concerning the

Foundation of Regulation which is a guideline recharging of Regulation no. 10 of

2004, specifying the order of regulations and guidelines that apply in Indonesia

(Rauf et al., 2018).

Legislation is one of the legal products of the number of existing legal

products. The legislation contains general and abstract legal norms. It is general

because existing legal norms apply to every legal subject in general. While being

called abstract lies like legal norms which are not concrete in regulating legal

events and are the object of regulation. Thus, a good law which incidentally is a

type of legislation must have a philosophical basis, a sociological basis, and a

juridical basis. The paradigm that the law governing representative institutions is

part of a package of laws in the political field needs to be changed. Laws governing

representative institutions need to be seen as laws in the institutional context of

the constitutional system. One of the problems that arise as a result of this law

being considered as part of a law package in the political field is that the

institutional arrangements for the MPR, DPR, DPD, and DPRD tend to change every

five years (Setiadi, 2019).

This has resulted in building a strong and sustainable DPR institution which

will encounter obstacles due to the possibility of policy changes every five years.

The merging of state institutions in one law will also result in duplication or

overlapping of arrangements, for example, concerning the DPRD which is

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regulated in Law no. 27 of 2009 concerning the MPR, DPR, DPD, and DPRD with

Law no. 32 of 2004 and its amendments regarding Regional Government

(Samangun et al., 2019). In addition, the merger of the MPR, DPR, and DPD in one

law also resulted in inconsistent arrangements regarding state institutions,

bearing in mind that other state institutions such as the Supreme Court, the

Constitutional Court, and the Supreme Audit Agency are each regulated in

separate laws.

Normatively. Regulations are characterized as legal guidelines shaped by the

Place of Agents with the endorsement of the President. Arrangement of

Regulations and Guidelines is the making of Regulation which incorporates the

phases of arranging, drafting, talking about, approving or specifying, and

authorizing. Taking into account that regulations are legal guidelines, the

arrangement of regulations can be deciphered as causing regulations which to

incorporate the phases of arranging, drafting, examining, confirming or laying out,

and sanctioning.

The community is very concerned that in implementing or enforcing the law,

justice is considered. In enforcing the law there must be a compromise between

legal certainty, expediency, and justice. The three elements must receive

proportional and balanced attention. Thus, legislation is a political product from

which legislators turn into legal products when their preparation meets the

elements of legal certainty, expediency, and fairness in a proportional and

balanced manner. Efforts to develop a national legal system include several things.

First, the development of legal substance, both written law and unwritten law with

a better mechanism for forming national law according to the needs and

aspirations of the people. Second, the improvement of legal structure to make it

more effective. Third, the involvement of all components of society with high legal

awareness to support the formation of the desired national legal system[6].

2. Implications of the House of Representatives (DPR) in Making New

Public Policies Based on Law number 17 of 2014

To make regulations that can safeguard individuals, fair treatment,

regulations that safeguard each resident of the country so their freedoms are

ensured, there should be guidelines that are utilized as rules in the arrangement

of legal guidelines, as the primary standards that apply to drafting guidelines from

the underlying system of their development to the These guidelines apply to the

local area. So that with the presence of standard guidelines, each drafting of

guidelines can be completed in an unequivocal, standard, and restricting way and

strategy that ties all establishments approved to frame legal guidelines, in this

manner the said guidelines can satisfy the local area's requirement for good legal

guidelines [6 ].

In view of the standard of a law and order, specifically that administration is

coordinated in light of regulations, then in running an administration it should

allude to legal guidelines which become rules for the organization of a nation in

light of the desire of individuals. The constitution which is a guideline in the state

and then elaborated in laws and regulations which are divided into several types

of laws and regulations is contained in Law Number 12 of 2011 concerning the

Formation of Legislation. Good laws and regulations are those that are in harmony

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with other laws and regulations. The disharmony of a statutory regulation with

other regulations, both at the same level and at a different level, will cause a

complex problem. mAs a result, these regulations can be canceled because of

things that are contrary to the constitution or the laws and regulations above it.

The paradigm that the law governing representative institutions is part of a

package of laws in the political field needs to be changed. Laws governing

representative institutions need to be seen as laws in the institutional context of

the constitutional system. As previously stated, one of the problems that arise as a

result of this law being considered as part of a package of laws in the political field

is that the institutional arrangements for the MPR, DPR, DPD, and DPRD tend to

change every five years. This has resulted in building a strong and sustainable DPR

institution which will encounter obstacles due to the possibility of policy changes

every five years. The merging of state institutions in one law will also result in

duplication or overlapping of arrangements, for example concerning the DPRD

which is regulated in Law no. 27 of 2009 concerning the MPR, DPR, DPD, and DPRD

with Law no. 32 of 2004 and its amendments regarding Regional Government

(Susanti, 2017). To produce quality legal products, data, information, arguments,

methodologies, and even available alternatives and their alternative

consequences are needed. In this context, public policy formulation has an

important role in designing quality legal products because public policy

formulation has methods to meet these needs which will be useful for decision-

makers to compile criteria from available alternatives such as determining all

possibilities that occur, political acceptance, costs, benefits, and others (Rauf et al.,

2018).

4. Conclusion

The implementation or enforcement of the law must consider justice. Justice

must be compromised with legal certainty and efficiency. Legislation is a political

product that transforms into legal products when it meets the elements of legal

certainty, benefit, and justice in a balanced proportion. Good laws and regulations

are those that are in harmony with other laws and regulations. Disharmony with

other regulations, both at the same level and at different levels, will cause complex

problems. As a result, these regulations can be canceled if they are contrary to the

constitution or higher-level laws and regulations.

Based on the standards of law and order, specifically that administration is

coordinated in light of regulations, in running an administration, reference should

be made to legal guidelines that serve as rules for the organization of a nation based

on the will of the people. The constitution is the rule in the state, followed by laws

and more detailed regulations.

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