The Reconstruction of Government Political and Legal Regulations in the Inauguration and Oath-Taking of Offices for Inter-Term Replacement of Members/Leaders of the Regional People's Representative Council of the Provincial Based on the Values of Justice
Abstract
The Interim Replacement System within the framework of the DPR government emerged as a result of the implementation of work in government carrying a burden and responsibility as well as major political consequences. This research aims to: 1) analyze the government's legal regulations on the inauguration and oath-taking of interim replacements for Provincial People's Representative Council members, which are not yet based on justice values; 2) identify weaknesses in these regulations; and 3) propose a reconstruction of these regulations based on justice values. Using a constructivist paradigm, the research employs a socio-legal approach with descriptive methods, relying on secondary data from primary, secondary, and tertiary legal materials. Data collection is through literature review and qualitative analysis. The study found: 1) The legal protection regulations for victims of human trafficking, as well as the government's legal political regulations for the inauguration and oath-taking of interim replacements for Provincial People's Representative Council members, are not yet grounded in justice values. The position of a DPRD member is highly prestigious, but this is not reflected in current legal frameworks; 2) Weaknesses in these regulations include: a) Legal substance, Interim replacements (PAW) are regulated in Law No. 17 of 2014, but challenges remain; b) Legal structure, there is a lack of synergy among institutions involved in the interim replacement process, leading to legal issues; c) Legal culture, the interim replacement system is influenced by the burden and political consequences of governmental work, making it susceptible to legal problems; 3) The proposed reconstruction involves aligning legal regulations with justice values, ensuring fairness in the interim replacement process. This includes norm reconstruction in Law No. 17/2014, specifically Article 409(1) and Article 368(1), to promote justice and fairness in the political process of member replacement and oath-taking.
References
Magazine / Journal Scientific
Asmawi, Regional People's Representative Council (DPRD) in Legislation Regional Government and Regional Legislative Institutions, Jurnal Cita Hukum, Vol. I No. 1 (2014).
Aituru, Julian Payzon, Yuli Rahman, Najamuddin Gani, Legal Politics and Regulation Inter-Time Change Against Accused Members Violate Rule Party, Journal of Law Review, Vol. 1 No. 2 (2022): 132 – 148.
Analysis Legal Implementation Interim Replacement (Paw) of Members DPRD Special Region of Yogyakarta Province, YUSTISIA MERDEKA, Vol.8 No.1 (2022).
Nengsih, Junriana, Didyk Choiroel, Nur Azizah, Performance of Members of the Regional People's Representative Council (DPRD) of the Regency Bintan In Function Legislation In 2018, Jisipol (Journal Knowledge Social and Science Politics of Raja Haji), Vol. 3 No. 2 (2022).
Books
Ananda B. Kusuma, 2006, Journal Constitution Volume 3 Number 4 Concerning Recall, MK RI, Jakarta.
BN. Marbun, 1996, Political Dictionary, Sinar Harapan, Jakarta.
BN. Marbun, Indonesian Law Dictionary, (Jakarta: Sinar Harapan Library, 2006.
Bintan R. Saragih, 1992, The Role of the DPR-GR Period 1965-1971 in Upholding Constitutional State Life Based on the 1945 Constitution”, Dissertation of the Faculty of Law, Postgraduate Program in Doctoral Studies in Law, UNPAD, Bandung.
Bintan R. Siragih, Representative Institutions and General Elections in Indonesia, (Jakarta: Gaya Media Pratama, 1988.
Ediwarman, 2010, Monograph, Methodology Legal Research, Medan: Program Postgraduate Program of Muhammadiyah University of North Sumatra, Medan.
Haris Munandar, 1994, Political Development, Global Situation and Human Rights Humans, Gramedia, Jakarta.
Mahfud MD, 2009, Legal Politics in Indonesia, Rajawali Press, Jakarta.
Moh. Mahfud MD., 1993, Development of Legal Politics, Study of the Influence of Political Configuration on Legal Products in Indonesia ”, Dissertation of the Faculty of Law, Postgraduate Program in Doctoral Studies in Law, UGM, Yogyakarta.
Sri Kusriyah, Politics and Law of Implementation Regional Autonomy in the Perspective of the Unitary State of the Republic of Indonesia, Journal Legal Reform, Vol.3 No.1 (2016).
Regulation Legislation
Constitution Number 17 of 2014 Concerning Assembly People's Consultative Assembly, People's Representative Council, Regional Representative Council, and Regional People's Representative Council.
Law of the Republic of Indonesia Number 13 of 2009 Concerning Change Thirdly, under the Law Number 17 of 2014 Concerning Assembly People's Consultative Assembly, People's Representative Council, Regional Representative Council, and Regional People's Representative Council.
Website
Malaysian State Council (stekom.ac.id) accessed 31 July 2024.
http://diqa-butar-butar.blogspot.com/2011/09/teori-teori-keadilan.html accessed 29 June 2024.
http://kartikarahmah2406.wordpress.com/2012/12/02/teori-keadilan-sosial . Accessed June 29, 2024.
http://ugun-guntari.blogspot.com/2011/02/teori- Keadilan-Perspektif-hukum.html accessed 29 June 2024.
https://greatdayhr.com/id-id/blog/regulasi-adalah/ , accessed on July 4, 2024.
Nurturing the Times, Building Administrative Law Politics Government Based on from the Values of Pancasila, Lecturer of the Faculty of Law, Trunojoyo University, Madura, file:///C:/Users/KL03062021B/Downloads/1237-2805-1-SM.pdf , accessed on April 17, 2024.
Copyright (c) 2025 Agus Shali, Gunarto Gunarto, Bambang Tri Bawono, Isnawati Isnawati
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright for this article is retained by the author(s), with first publication rights granted to the journal. This is an open-access article distributed under the terms and conditions of the Creative Commons Attribution license (https://creativecommons.org/licenses/by-nc-nd/4.0/).
