FUNGSI DAN KEDUDUKAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 1999 DAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH

Angga Alfonsus Sihotang, Zulfikar Jayakusuma, Junaidi Junaidi

Abstract


The DPRD remains in place as an organizing element of regional government, and
continues to have the authority to jointly discuss draft regional regulations with regional
heads, discuss and determine the APBD with regional heads, and has a role as supervisor of
the implementation of mutually approved Regional Regulations and mutually approved
APBDs. This means that the DPRD is a working partner of the regional head in administering
regional government as intended by Law Number 23 of 2014 concerning regional government.
If the DPRD is said to be a legislative institution, it is not correct, because the DPRD is not an
absolute institution that has the power of a legislative institution like the DPR RI.
The aims of writing this thesis are: first, to find out the function and position of the DPRD
based on Law Number 22 of 1999 and Law Number 23 of 2014 concerning Regional
Government. Second, to understand the ideal concept of the function and position of the DPRD
in the Regional Government system. The research method in this thesis uses a type of normative
juridical research, namely research that focuses on examining the application of rules or
norms in positive law. The nature of this thesis research is researchdescriptivewhich
systematically describes the facts and characteristics of the object being studied accurately.
The data source used is the data sourcefirst, seconds andtertiary, The data collection method
used in this research is firstly literature study, which is a technique for obtaining secondary
data through documents related to the problem, objectives and benefits of the research, then
after the data is collected it is then analyzed to draw conclusions.
Based on the research results, Law No. 22 of 1999 stipulates that the DPRD is the
regional legislative body and the regional government is the regional executive body. So in this
case the position of the DPRD is separate from the regional government organs, whereas in
Law No. 23 of 2014 the district/city regional government consists of the district/city regional
government so that in this case the position of the DPRD is a working partner of the regional
head in administering government, secondly, the ideal pattern of relationship between the
legislature and the executive is a balance between the two institutions, but this will really
depend on the political system being built. In connection with the position of the DPRD as a
working partner on an equal footing with the Regional Head, legal products in the form of
Regional Government Law No. 23 of 2014 must be emphasized regarding the position of the
DPRD in the regional government system. Even though it is stated that they are equal in the
law, the actual situation places the DPRD under the Regional Head. This causes the DPRD's
performance to be ineffective based on what is mandated by law
Keywords: Law, Government, DPRD.


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