Vol.4, No.06, Juni 2023

E-ISSN: 2723-6692

P-ISSN: 2723-6595

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Jurnal Indonesia Sosial Sains, Vol. 4, No. 06, Juni 2023 523

Legislative Functions of the House of Representatives in the

Perspective of the 1945 Constitution of the Republic of

Indonesia

Andrian Fernando

, Tri Susilowati

1,2

Universitas Darul Ulum Islamic Centre Sudirman GUPPI, Indonesia

Email: andrianfernando[email protected]

, [email protected]

Corresponding Author: [email protected]

ARTICLE INFO

ABSTRACT

Keywords: Function;

Legislation; DPR; The 1945

Constitution of the Republic

of Indonesia.

All the objectives of the State are specified in the constitution or

essential law of the State as expressed in the Prelude to the 1945

Constitution of the Republic of Indonesia (1945 Constitution), which

is contained in the fourth passage which states: 1) safeguard the

whole Indonesian country and Indonesia's slaughter; 2) advance

public government assistance; 3) teach the existence of the country;

and 4) take part in completing world request. In particular, in the

1945 Constitution, the scope and definition of the law are not very

clear. Article 20 of the 1945 Constitution only mentions the

authority of the DPR to make laws by mutual agreement with the

government. Article 24 C paragraph (1) only stipulates that the

Constitutional Court has the authority to review laws against the

constitution. The lack of clarity over the legislative function of the

DPR, causes the State to need to make a standard rule regarding the

Law on Procedures and Mechanisms for Forming Legislation. In

Indonesia, there have been several regulations regarding

arrangements for the Formation of laws and regulations, namely

TAP MPRS Number XX/MPRS/1966 concerning Sources of Orderly

Law, TAP MPR Number III/MPR/2000 and enhanced by Law

Number 10 of 2004 concerning Formation of Legislation. Feeling

that the previous regulations were incomplete, on 12 August 2011,

the government enacted Law Number 12 of 2011 amendment of

Law Number 10 of 2004 concerning the Formation of Legislation.

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

1. Introduction

The 1945 Constitution of the Republic of Indonesia (1945 Constitution) is the most

noteworthy regulation in the country and state where the 1945 Constitution of the

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Republic of Indonesia (1945 Constitution) controls the connection between the public

authority and its state and relations between government organizations so the

Constitution The Republic of Indonesia of 1945 (1945 Constitution) can be supposed to

be the constitution of the Republic of Indonesia (Sibuea et al., 2020). It regulates the

following matters: a) Determines the limitation of the power of state organs, b)

Regulates the relationship between state institutions one another, and Regulates the

relationship of power between state institutions and citizens[1] d) The matters that are

broadly regulated in the constitution are the implementation of the goals of the

formation of the country, where every country in the world is formed having different

goals, namely the goals of the nation in the life of the state. The goals of the State vary

according to the views of the people on the nation and the outlook on life that underlies

it (Iskatrinah, 2020).

All as a general rule, the objectives of the state are specified in the constitution or

the essential laws of the nation concerned, one of which is that the reason for the

development of the Indonesian state is unequivocally expressed in the preface to the

1945 Constitution of the Republic of Indonesia (1945 Constitution), which is contained

in the fourth passage which states: 1) safeguard the whole Indonesian country and

Indonesia's slaughter; 2) advance public government assistance; 3) teach the existence

of the country; and 4) partake in completing world request. In the 1945 Constitution of

the Republic of Indonesia (1945 Constitution), the scope and definition of the law are

not very clear (Tibaka & Rosdian, 2017). Article 20 of the 1945 Constitution only

mentions the authority of the DPR to make laws by mutual agreement with the

government. Article 24 C paragraph (1) only stipulates that the Constitutional Court has

the authority to examine laws against the Constitution (Tibaka & Rosdian, 2017). Laws

in the sense of VHPSLW ³OHJLVODWLYH DFW¥ or legal acts formed by the legislature

with mutual agreement with the executive branch, in a broad sense, laws can be

understood as legal texts, which concern certain materials and forms. (Munawar et al.,

2021) Consequently, to make a law and order express, the state makes standard

guidelines in regards to regulations and methodology and systems for the development

of regulations and guidelines. In Indonesia, there have been a few guidelines in regards

to game plans for the development of regulations and guidelines, in particular TAP MPRS

Number XX/MPRS/1966 concerning Wellsprings of Deliberate Regulation, TAP MPR

Number III/MPR/2000 and upgraded by Regulation Number 10 of 2004 concerning

Arrangement of Regulation. Feeling that the past guidelines were deficient, on 12 August

2011 the public authority sanctioned Regulation Number 12 of 2011 rather than

Regulation Number 10 of 2004 concerning the Arrangement of Regulation (Anggono,

2018).

Regulation Number 12 of 2011 contains new arrangements, to be specific the

reemergence of the TAP MPR in the pecking order of legal guidelines. In Article 7 section

(1) it is expressed that the progressive system of regulations and guidelines comprises

of the 1945 Constitution, TAP MPR, Regulations/Perpu, Unofficial laws, Official

Declarations, Commonplace Provincial Guidelines, and Rule Local Guidelines. In light of

the arrangements of Article 20 passage (2) of the 1945 Constitution which expresses:

"Each draft regulation is examined by the Place of Delegates and the President to acquire

common endorsement." Based on the explanation above, it can be understood that in

making laws, the DPR is tasked with seeking approval from the President, and the

legislature is a political structure whose function is to make laws (Tibaka & Rosdian,

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2017). Article 20 paragraph (2) of the 1945 Constitution above shows that the executive

not only has authority as an institution that runs the wheels of government and

implements laws and regulations but also has authority as a legislator, executive

authority in legislation is emphasized in the provisions Article 20 paragraph (3) where

if the executive (President) does not approve a draft law then it can be said that the draft

law has not received mutual approval so that the draft law cannot be advanced again as

a bill (Susanti, 2017).

Indonesia's experience during previous administrations opened up the idea that

the 1945 Constitution should be amended, then the amendments carried out by the MPR

gave a different color to the relationship between high state institutions. One of the

issues that were debated when carrying out the amendment was an issue related to

legislative and executive powers in terms of the power to make laws. During the course

of carrying out the functions of the DPR for several periods, the DPR during the reform

era underwent many very significant changes. Thus, this research will discuss the

Legislative Functions of the DPR Based on the Perspective of the 1945 Constitution of

the Republic of Indonesia Post Amendment. Even though the amendment experienced

controversy, the spirit of reform to amend the 1945 Constitution received support from

all political forces and all layers of society who aspired to a more stable system of

government and state administration in Indonesia (Siahaan, 2022).

In view of the foundation of the above issues can be tracked down a definition of

the issue, in particular; How is the Execution of the Regulative Capability of the DPR In

light of the Point of view of the 1945 Constitution of the Republic of Indonesia Post

Correction?

2. Materials and Methods

The strategy utilized recorded as a hard copy this applied paper is the distinct

logical technique, to be specific by utilizing information that plainly portrays the issues

straightforwardly in the field, then, at that point, the examination is completed and

afterward closed to take care of an issue. Strategies for information assortment through

perception and writing study to acquire critical thinking in the arrangement of this

paper. In line with the research objectives to be achieved, the realm of this research is

included in qualitative research, thus a qualitative approach method will be used.

According to Petrus Soerjowinoto et al., a qualitative method is a method that

emphasizes the process of understanding researchers on the formulation of problems to

construct a complex and holistic legal phenomenon (Hidayati et al., 2022).

Regulating juridical methodology, specifically the juridical methodology technique

used to look at issues from a legitimate and legal viewpoint, in particular principles that

can be utilized as a reason for concentrating on issues and their lawful outcomes, for this

situation, in particular the 1945 Constitution of the Republic of Indonesia.

The normative juridical approach is carried out on certain statutory regulations or

written laws, which are related to the Implementation of the Legislative Functions of the

DPR Based on the Perspective of the 1945 Constitution of the Republic of Indonesia Post

Amendment. This study describes the condition of the object under study, namely

focusing on regulation and the Implementation of the Legislative Function of the DPR

Based on the Perspective of the 1945 Constitution of the Republic of Indonesia Post

Amendment in practice (Hidayati et al., 2022).

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3. Results and Discussions

Implementation of the Legislative Function of the DPR Based on the Perspective of

the 1945 Constitution of the Republic of Indonesia Post Amendment

Democracy is a government by the people where the power of the majority of

citizens is exercised. In a modern democracy, democracy is carried out through

representation, where the people choose their representatives. According to the basis

of democracy, the highest decision in state government lies in the hands of the people

through the intermediary of the Representative Body, the Community Members who

represent are called Political Representatives (Syahrin, 2020).

There has been much discussion regarding whether or not the 1945 Constitution

is necessary to be amended or replaced (Marsh et al., 2021). After the Reformation Era,

the 1945 Constitution was no longer sacred, on the contrary, the discourse on the

constitution in particular and other matters, in general, was wide open. This is due to

the many contributions made by the 1945 Constitution in destroying the living

conditions of the Indonesian state as it is today, including the deteriorating economic

climate and the declining standard of living of the people. Opportunities are opened to

carry out interpretations and implementation of the articles contained in the 1945

Constitution (Effendi, 2007).

On the other hand, many other factors contribute to poor governance processes

that cause these conditions to occur, both external and internal factors. External

factors in this case are the global political and economic developments of other

countries in the world. With the existence of expanding international relations and

what is called globalization, changes in the condition of a country, especially developed

countries, will more or less affect other countries. Indonesia is a developing country

that still depends a lot on trade and technology from developed countries. While

internal factors include the poor administration of the state which is overshadowed

by negative "cultures" such as corruption, collusion, nepotism, paternalism, and

others.

The amendments to the 1945 Constitution are a manifestation and an attempt to

create a system of decentralization and democracy between high state institutions

based on a common will because the previous government had carried out various

political engineering and was authoritarian in nature. By amending the 1945

Constitution, the goals of a country can be realized. Because the amendment has

dispelled the myth of the sanctity of the 1945 Constitution which is contrary to

advanced and modern political life. It is undeniable that there is an accumulation of

other external and internal factors which have contributed to the deteriorating

condition of the state. However, it is also necessary to take actions that can minimize

the influence of these factors, namely by placing a better system in the Indonesian

constitution. Therefore, the transformation of the government system and state

administration system in Indonesia must begin with changes to the 1945 Constitution.

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Authoritatively, the execution of alterations to the 1945 Constitution is

expressed in the arrangements of the 1945 Constitution which are managed in Part

XVI Extra Standards, Article 37 passage (1) to change the Constitution something like

2/3 of the absolute individuals from Individuals' Consultative Gathering should be

available; (2) Choices are taken with the endorsement of somewhere around 2/3 of

the individuals present."

With these provisions, based on the constitution, amendments to the 1945

Constitution are not too complicated because it only requires 2/3 of the members

present in the 1945 Constitution to be amended. Even according to constitutional law,

if the provisions above have been fulfilled, it is constitutional. Juridically

constitutionally, concerning Article 37 of the 1945 Constitution, the reference was

made by the MPR during the changes to the 1945 Constitution that were implemented

from 1999-2002. In addition to the provisions in Article 37 of the 1945 Constitution,

the MPR also uses Article 92 of the MPR Standing Orders regarding the level of

discussion in making and making decisions on MPR Session materials (Chandranegara

& Sihombing, 2021).

The main correction to the 1945 Constitution was completed at the 1999 General

Meeting of Individuals' Consultative Gathering of the Republic of Indonesia (SU MPR

1999). The session which was held after the 1999 general election and produced new

MPR members based on the MPR regulations formed the MPR's tools to prepare the

draft amendment to the 1945 Constitution. This first change established fundamental

changes to the constitutional system, government system, power-sharing system,

regional autonomy implementation system as well as the position of the House of

Representatives. Thus, the result of the first amendment to the 1945 Constitution was

a change that had a direct impact on the Indonesian state system. The thing that stands

out in this first change is the change in Chapter III of the 1945 Constitution, Article 5

paragraph (1) concerning the President's power in the legislative field, which then

becomes the right of the DPR in its institutional formation, Article 7 which relates to

the term of office of a President which is limited only 2 periods, then in Article 9

paragraph (1) pronouncing the oath and promise of the President/Vice President.

Article 9 then underwent an addition with paragraph (2) to regulate the

implementation of the President's Oath and Promise if the MPR and DPR cannot hold

a session.

DPR RI (High State Committee of Delegates of the Republic of Indonesia is

entrusted with completing regulative capabilities, monetary capabilities, and

administrative capabilities. In completing its capabilities, the DPR has the option to

interpellation, the right of request, and the option to offer viewpoints (Article 20A

section (2) of the 1945 Constitution). More, the Indonesian Parliament, is one of the

main high-state establishments, notwithstanding other state contraptions that carry

out a vote based framework. The place of the DPR in the process for overseeing state

power has gone through tremendous changes since the fourth amendment to the 1945

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Constitution was passed. This is expressed in Article 20 passage ( 1) of The 1945

Constitution which specifies that "Individuals' Delegate Chamber holds the ability to

frame regulations." Despite the fact that the position to shape regulations rests with

the DPR, conversation of a bill should be completed mutually with the public authority,

as expressed in Article 20 section (2), "Each bill is examined by the Place of Agents and

the President for endorsement together." Moreover, the DPR has the privilege to seek

clarification on pressing issues and convey ideas and sentiments along with issues of

resistance (Article 20A passage (3) of the 1945 Constitution). Further arrangements

in regards to the freedoms of individuals from the DPR are directed in the law (Article

20A section (4) of the 1945 Constitution).

However, specifically, the DPR has 4 (four) basic functions as a high state

institution that carries out representative functions, namely: First, Legislative

Function. This function relates to efforts to translate people's aspirations into political

decisions that will be implemented by the executive (government). Here the quality of

DPR members is tested. They must be able to design and determine the direction and

objectives of government activities on existing conditions and needs. Second, the

Supervision Function; Functions related to efforts to ensure that the implementation

of political decisions that have been taken do not deviate from the direction and

objectives that have been set. Ideally, DPR members do not only detect procedural

irregularities but they are also expected to be able to detect technical irregularities,

such as in the case of physical buildings whose durability is beyond normal

calculations. Third, is the Budget Function. This function relates to the DPR's ability to

distribute the budget according to a politically determined priority scale. Fourth, is the

Representational Function. That is related to the representational function. The

representative function of the DPR can be understood as a substantive function that is

inherent in the DPR as the people's representative through elections. The

representative function of the DPR refers to Pitkin's thoughts. According to Pitkin,

political representation is defined in a substantive sense, namely "acting for those

represented and in a way that is responsive to them."(Näsström, 2015).

UU no. 27 of 2009, the position of the Legislative Body of the DPR is one of the

initiators who have the right to propose discussions on the Draft Law, in addition to

being able to do so through proposals from members of the DPR RI, Commissions and

joint commissions. Meanwhile, in the new provisions, namely in Law no. 17 of 2014,

the proposed draft law can only be made by members of the DPR RI, commissions, and

joint commissions. The loss of the Legislative Body's authority to submit initiative

Draft Laws certainly has an impact or influence on the implementation of the DPR RI's

legislative functions. This implication is evident in the low achievement of the

legislative target in the first year of the Republic of Indonesia's House of

Representatives for the 2014-2019 period. Of the 37 Draft Laws which were priority

Draft Laws in 2015, until April 2015 only 2 had been completed. This situation can be

compared with the legislative achievements of the DPR RI for the 2009-2014 period

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in the first year of its term of office in 2010 which succeeded in completing 8 Draft

Laws.

The increase in the legislative function of the DPR is not only seen in terms of

quantity, namely the number of legislative products (in the form of

laws/agreements/etc.) it produces but also in the quality of the legislative products it

produces, in the form of laws or policies that should be more impartial. in the interests

of the wider community or other words, pro-people policies. One indication of the

policy resulting from the DPR's performance in the field of legislation that is pro-

people is the Development Budget which aims to improve people's welfare compared

to the Routine Budget which is earmarked for official trips for members of the DPR.

After the amendments, the function of the DPR as a legislative institution is

returned, where the position of the DPR is no longer a stamp institution after the

change in authority in the Amendments to the 1945 Constitution. In addition, it is

hoped that the productivity of the DPR will increase due to the DPR's initiative rights

which are supported by regulations in other laws both by authority and by law

technical, for example, the existence of Prolegnas in the new law so that the role of the

DPR is more visible. Also, there is a more visible function of checks and balances

between the Executive and the legislature, unlike before the 1945 Amendment to the

1945 Constitution where at that time the President was very dominant in carrying out

the legislative function.

4. Conclusion

The place of the DPR in the process for regulating state power has gone through

huge changes since the fourth amendment to the 1945 Constitution was sanctioned. It is

expressed in Article 20 section (1) of the 1945 Constitution which affirms that "the Place

of Delegates holds the ability to frame regulations." Despite the fact that the position to

shape regulations rests with the DPR, the conversation of a bill should be completed

together with the public authority, as expressed in Article 20 passage (2), "each draft

regulation is examined by the Place of Agents and the President for shared

endorsement." Moreover, the DPR has the privilege to seek clarification on some things

and convey ideas and conclusions along with issues of resistance (Article 20A section

(3) of the 1945 Constitution). Further arrangements with respect to the freedoms of

individuals from the DPR are managed in the law (Article 20A section (4) of the 1945

Constitution).

The legislative function is carried out as a manifestation of the DPR as the holder

of the power to form laws. This function is the most dominant and influential because

through this function the DPR can influence all aspects of the State of Indonesia. But this

function turns out to be running not optimally. The DPR is considered less productive

because there are so few bills originating from the initiative of the DPR. Even as

representatives of the people, the DPR should maximize this function for the welfare of

the Indonesian people by one of the obligations of members of the DPR.

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