Strengthening Regional House of Representatives Legislative Function Based on Local Autonomy Principle

Abstract

According to article 1 paragraph (1) of the Constitution of the Republic of Indonesia of 1945, Indonesia is a unitary republic. The power of the Unitary State of the Republic of Indonesia is focused on the central government. A centralistic state power structure characterizes all unitary states, including the Republic of Indonesia. As the period progressed, Government's mission has become more extensive and complicated. It was caused due to several factors including population growth and the government's intervention in the people's prosperity. To handle this, the state must develop government apparatus at a regional level that is not limited to the central government. The development of these tools has to be based on the concept of autonomy. In performing its duties as the apparatus of the government, the regional administration consists of the regional head and the Regional House of Representatives. In the Law Number 23 of 2014 concerning Regional Administration, the Regional House of Representatives has legislation, budgeting, and supervision function. However, during its progression, the Regional House of Representatives’ performance has not been optimal in fulfilling its function as a legislature. Therefore, based on the given matter, the following problem is formulated: How to strengthen the Regional House of Representatives legislative role in accordance with the concept of local autonomy? This study employs a juridical-normative method. Based on the study, the following conclusions were drawn: (1) The Regional House of Representatives legislative role has been weakened after Law Number 17 Year 2014 concerning Regional Administration, which allows them to perform its duties with the help of or in collaboration with the regional head. On the other hand, the Law Number 32 of 2004 concerning Regional Administration stipulates the Regional House of Representatives in determining regional regulation. The Regional House of Representatives is responsible for the formulation of laws and regulations, which is essentially a legislative role in terms of regional government implementation. In reality, the executive branch, which is the regional head, collaborates with the Regional House of Representatives to formulate a regional regulation. However, in the Law Number 32 of 2004 concerning Regional Administration, the Regional House of Representatives only meets with the regional head to discuss and get approval in the formulation of regional regulation. However, under the Law Number 17 of  2014 concerning Regional Administration, the regional head collaborates with the Regional House of Representatives to formulate a regional regulation. (2) The Regional House of Representatives, in collaboration with the regional head, manages regional administration affairs based on autonomy principle in the broadest sense possible. Autonomy is being implemented to improve public welfare, public services, and regional competitiveness. In order to do this, the Regional House of Representatives drafts a regional regulation that is approved by the regional head jointly. To formulate a regional regulation that can improve public welfare, public services, and regional competitiveness, this process should involve the community.