PERAN LEGISLASI DEWAN PERWAKILAN DAERAH DAN PENGARUHNYA TERHADAP UPAYA MEMPERKUAT CHECKS AND BALANCES DI LEMBAGA LEGISLATIF

WOLO, JOHN SINARTHA (2014) PERAN LEGISLASI DEWAN PERWAKILAN DAERAH DAN PENGARUHNYA TERHADAP UPAYA MEMPERKUAT CHECKS AND BALANCES DI LEMBAGA LEGISLATIF. Jurnal Magister Ilmu Hukum. p1-30.

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Abstract

Research titled “Legislation Function of Senate Republic of Indonesia and its effects to strengthen checks and balances system in Legislative Institution”, focused on legislation functions of Senate, the obstacles and its solution to resolve in order to strengthen checks and balances system in Legislative Institution. This research aims to examine and analyze the legislation functions of Senate Republic of Indonesia and its effect to strengthen checks and balances system in Legislative Institution. The analyze concerning to the legislation function of Senate also aims to know the obstacles that found by Senate when Senate perform legislations function, and try to find the solving. This research is a normative research that uses legislations approach, historical approach, legal comparison approach, legal politics approach, by examining the theory of democratic, theory of trias politica, theory of legislative and theory of legislations. Result of this research concludes that: (1) Amendments of the Constitutional of the Republic of Indonesia 1945 has thought out the Senate as one of the two legislatives institutions, besides Political Representative Council. (2) The presents of the Senate is planned as a channel of regional aspiration, and all at once as a revising chamber in legislative institution. (3) After Senate was born, until the decision of Constitution Court Number 92/PUU/2012, the regulations of Senate especially in the sector of legislation point us the Senate as an auxiliary of Political Representative Council. That’s fact are contradiction to the theory of democratic, theory of trias politica, theory of legislative and theory of legislations that basically avoid to the tyranny. The inferiority of legislation functions of Senate point out the different practices of another country that accommodate the second chamber in their parliament. The neglect to the legislation functions of Senate point out the pragmatic aspect of the legal maker, and not accommodates the principles of checks and balances. Based on the conclusion, researcher suggests some ideas such as the fifth amendments of Constitutional of the Republic of Indonesia 1945 is needed to clarify the regulation about legislation functions of Senate, started by Constitution up to the under regulation. The amendment of Constitutional of the Republic of Indonesia 1945 is so difficult. So, as the the sole interpreter of constitution or as the judicial interpretation, Constitution Court of the Republic of Indonesia can offer clear interprete about the legislation functions of Senate. The practices of conventions that involve the Senate to the process of legislation are also alternative solution.

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