scholarly journals Kewenangan Legislasi Dewan Perwakilan Daerah dalam Reformasi Kelembagaan Perwakilan Pasca Putusan Mahkamah Konstitusi

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Khamami Zada
Keyword(s):  
Political Representation ◽  
Institutional Reform ◽  
Legislative Process ◽  
Constitutional Court ◽  
Regional Autonomy ◽  
Legislative Authority ◽  
The People ◽  
Check System ◽  
Theoretical Conception

Abstract: The authority of the Regional Representatives Council Legislation In Institutional Reform Legislative Following the Ruling of the Constitutional Court. The Constitutional Court's decision reflects the theoretical conception DPDformation which is intended to reform the structure of the Indonesian parliament into two chambers (bicameral) consisting of DPR and DPD. With the bicameral structure of the legislative process is expected to be held by a double-check system that allows the representation of the interests of all the people in relative terms can be dispensed with broader social base. Parliament is a reflection of political representation, while the Council reflects the principle of territorial or regional representation. DPD legislative authority is still limited. DPD does not have the authority to establish laws, although it can propose draft laws relating to regional autonomy.  Abstrak: Putusan Mahkamah Konstitusi mencerminkan konsepsi teoritis pembentukan DPD yang dimaksudkan dalam rangka mereformasi struktur parlemen Indonesia menjadi dua kamar (bikameral) yang terdiri atas DPR dan DPD. Dengan struktur bikameral ini diharapkan proses legislasi dapat diselenggarakan berdasarkan sistem double-check yang memungkinkan representasi kepentingan seluruh rakyat secara relatif dapat disalurkan dengan basis sosial yang lebih luas. DPR merupakan cermin representasi politik (political representation), sedangkan DPD mencerminkan prinsip representasi teritorial atau regional (regional representation). Kewenangan legislasi DPD masih dibatasi DPD tidak memiliki kewenangan membentuk undang-undang dalam bentuk penetapan/pengesahan rancangan undang-undang, meskipun rancangan undang-undang yang berkaitan dengan otonomi daerah, hubungan pusat dan daerah, pembentukan dan pemekaran serta penggabungan daerah, pengelolaan sumber daya alam dan sumber daya ekonomi lainnya, serta yang berkaitan dengan perimbangan keuangan pusat dan daerah.   DOI: 10.15408/jch.v2i1.1839

scholarly journals Constitutional Courts as Majoritarian Instruments

ICL Journal ◽  
2021 ◽  
Vol 14 (4) ◽  
pp. 379-397
Author(s):  
Jorge Farinacci-Fernós
Keyword(s):  
Judicial Review ◽  
Minority Rights ◽  
Legislative Process ◽  
Constitutional Court ◽  
Democratic Deficit ◽  
Constitutional Courts ◽  
The People ◽  
The Status ◽  
Self Rule ◽  
Democratic Principles

Abstract Constitutional courts are portrayed as counter-majoritarian institutions empowered to strike down ordinary legislation that is inconsistent with the constitution. This power is to be used sparingly, since it is seen as being in tension with basic democratic principles. Judicial review in these circumstances should be limited to minority rights protection and the enforcement of structural limitations that prevent majority rule excess. But this is only half the story. Depending on the democratic credentials of the particular constitution, courts that strike down legislation as inconsistent with the constitution can also be said to be engaging in majoritarian action. The characterization of constitutional courts as counter-majoritarian institutions is premised on: (1) the status of ordinary legislation as the quintessential majoritarian instrument, (2) the un-elected nature of judges, (3) a narrow understanding of the concept of the ‘negative legislator’, and (4) the democratic deficit that results when judges impose their views over those enacted by parliament. This Article challenges these assumptions. First, this Article demonstrates that ordinary statutes adopted by elected legislatures are not necessarily the superior articulation of popular will. On the contrary, the democratization of modern constitution-making allows the constitution to acquire ultimate majoritarian status. Because of popular skepticism about the ability of ordinary politics to adequately reflect society’s views on important substantive policy matters, the People have repeatedly decided to bypass the legislative process and directly entrench these policy views in the constitutional text. As a result, it is the constitution that embodies popular will. Second, this Article dissects the so-called counter-majoritarian difficulty, in order to distinguish between illegitimate counter-majoritarian review and legitimate counter-majoritarian review. The former occurs when the constitutional court substitutes the legislature’s policy views with its own, thus generating an impermissible democratic deficit. The latter occurs when the constitutional court invalidates ordinary legislation that violates minority rights or exceeds the structural limits imposed by the constitution. In both instances, counter-majoritarian intervention is warranted, precisely, to make sure that democratic self-government through ordinary politics can be adequately carried out. Third, this Article suggest the existence of a third class of judicial review: legitimate majoritarian review. This is when a constitutional court invalidates ordinary statutes because the legislature attempted to substitute the will of the constitutional drafters with their own. In other words, in instances when the legislative body carries out an anti-majoritarian act by ignoring the policy choices made by the People and entrenched in the constitutional text. When a court strikes down legislation of this sort, it is actually re-establishing majoritarian self-rule by making sure that the constitution’s policy commands are respected. In that sense, the court is not exercising independent judgment. Instead, it becomes the enforcement instrument of the majoritarian constitution to avoid legislative usurpation. This makes the un-elected nature of courts an almost irrelevant factor. Finally, this Article explores how the majoritarian potential of judicial review on constitutional matters interacts with the ‘negative legislator’ role of constitutional courts. In particular, how the ‘negative legislator’ should not be characterized, necessarily, as a limited one.

scholarly journals Evaluation and Strategy: Strengthening Indonesia Council of Representatives of the Regions

2021 ◽  
Vol 10 ◽  
pp. 1515-1522
Author(s):  
Dwi Putri Melati ◽  
◽  
Nikmah Rosida ◽  
Heni Siswanto
Keyword(s):  
Political Parties ◽  
Fundamental Problem ◽  
Political Representation ◽  
Constitutional Court ◽  
Regional Society ◽  
Checks And Balances ◽  
Regional Autonomy ◽  
Legislative Branch ◽  
Regional Interests ◽  
Central Level

The Council of Representatives of the Regions emerged through the 1945 Constitution third amendment. The Council of Representatives of the Regions intended to represent regional interests and regional society in the central legislation making processes and products, to perform checks and balances principle on The People’s Representative Council which is a political representation that brings and struggles the aspirations and interests of political parties at the central level. The Council of Representatives of the Regions also acts as a guardian of decentralization and regional autonomy. The most fundamental problem for The Council of Representatives of the Regions is its institutional weaknesses. In legislation weaknesses terms, budgeting, and supervision have affected The Council of Representatives of the Regions in maximizing its performances. The Law regarding Indonesia Legislative Branch does not mandate legislation as The Council of Representatives of the Regions tasks. This provision can not be used as a guideline to describe the scope of duties, which are the limits of their authority in The Council of Representatives of the Regions order. On the other hand, after the Constitutional Court Decision Number 92/PUU-X/2012 and Number 79/PUU-XII/2014 issued, the relations that were later present were the three-party discussion model of The People’s Representative Council-The Council of Representatives of the Regions-President (Tripartite). Based on those facts, this article focuses on the evaluation of 15 years of The Council of Representatives of the Regions establishment and strategy to strengthen it.

scholarly journals RESTORASI POLITIK LEGISLASI PEMBENTUKAN PERATURAN DAERAH BERBASIS RISET

2013 ◽  
Vol 2 (3) ◽  
pp. 397
Author(s):  
Ria Casmi Arrsa
Keyword(s):  
Local Level ◽  
Academic Research ◽  
Legislative Process ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
Legal Norms ◽  
The People ◽  
Academic Accountability ◽  
The Government ◽  
The City

Potret pembentukan peraturan daerah di tingkat provinsi atau kabupaten/kota merupakan bagian yang tidak terpisahkan dari kewenangan konstitusional yang dimiliki oleh pemerintahan di daerah (amanat Konstitusi Pasal 18 Ayat 6) dalam menjalankan roda pemerintahan di tingkat lokal. Banyak kemajuan yang telah dicapai dalam proses legislasi, namun secara empiris masih ditemukan berbagai celah kelemahan sehingga menyebabkan peraturan daerah dimaksud menjadi tidak efektif dan implementatif. Hal tersebut disebabkan lemahnya pemahaman pembentuk peraturan dalam merumuskan norma hukum dalam peraturan daerah dan juga belum adanya pelembagaan budaya riset melalui naskah akademik yang bersifat satu-kesatuan dalam proses perumusan sampai pada tahap pertanggung jawaban akademik. Sehingga permasalahan adalah apakah yang menjadi dasar urgensi kedudukan riset akademik dalam proses penataan politik legislasi pembentukan peraturan daerah, kemudian bagaimana pertanggung jawaban akademik yang sebagai upaya penataan (restorasi) politik legislasi pembentukan peraturan daerah. Dengan menggunakan metode penelitian yuridis normatif dengan pendekatan peraturan perundang-undangan dan pendekatan konsep, didapatkan kesimpulan bahwa pasca penetapan Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-Undangan maka pelembagaan Naskah Akademik mutlak diperlukan untuk melahirkan peraturan daerah yang partisipatif dan berkelanjutan, sehingga dampak positifnya adalah peningkatan kesejahteraan masyarakat di era otonomi daerah.<p>Implementation of regional autonomy walk faster amid growing public demand for creating a participatory democratic order that the welfare of the people. In an effort to realize the prosperity and independence of the region, establishment of regional regulations portrait at both provincial, district, and the city is an integral part of the constitutional authorities in the area owned by the Government (Constitutional mandate of Article 18 Paragraph 6 ) in running the government at the local level. Many progress has been achieved in legislative process, however empirically found too many gap, causing a variety of local regulation is ineffective and not implementative. It happened due to the lack of understanding of legal drafter in formulating legal norms at regional regulation as well as the absence institutionalization of a research culture through academic draft that is the unity in formulation process up to academic accountability. Therefore,the problems that determined in this paper are (1) what is the basic of urgency academic research in process arrangement of political legislation regional regulation formation, (2) How about academic accountability as an effort to rearrangement political legislation of regional regulation formation. This paper using juridical normative method, with legislation and conceptual approach. The view of writer is that after enacted the law number 12 year 2011 on legislation formation, then the institutionalization of academic draft absolutely needed to delivered of regional regulation that sustainable and participative until the positively impact would be enjoyed for improving social welfare in authonomy regional era.</p>

Interešu pārstāvniecība. Vēlētāji apspriež Saeimas darbu Latvijas Televīzijas raidījumā “Tautas panorāma”

Letonica ◽  
2021 ◽  
Author(s):  
Sergejs Kruks
Keyword(s):  
Interest Groups ◽  
Political Action ◽  
Political Representation ◽  
Political Activism ◽  
General Will ◽  
Members Of Parliament ◽  
The People ◽  
Individual Strategies ◽  
The Relationship ◽  
Law Making

Keywords: discourse analysis, general will, Latvian politics, political representation, Saeima Latvian citizens are characterised by a very low level of political activism. How can this be explained through an understanding of politics? Prior to the 2018 Saeima (Latvian parliament) election, voters were interviewed on Latvian television discussing the pronouncements of various members of parliament. The researcher explores the relationship between the comments of these voters and the way they feel their interests are being represented by the state’s law makers. Throughout the interviews, voters are critical of Saeima, yet they fail to clearly explain their interests. The generally agreed upon duty of MPs is to discover the general will of the people, and attempt to fulfil this will through law making. In Latvia, the concept of forming interest groups representing the desires of various groups of citizens to create public expressions of their opinions is not considered a viable resource for political action. The citizens being interviewed believe that they cannot expect to have their interests represented by Saeima and prefer individual strategies focused on non-political action.

scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

Politicians of the Sacred Grove: Citizenship and Ethnicity in Southern Senegal

Africa ◽  
2002 ◽  
Vol 72 (2) ◽  
pp. 203-220 ◽  
Author(s):  
Ferdinand de Jong
Keyword(s):  
Public Sphere ◽  
Ethnic Group ◽  
Political Representation ◽  
Socialist Party ◽  
Sacred Grove ◽  
Full Member ◽  
Contemporary Debate ◽  
The People ◽  
The Status

AbstractThis article examines the traditional initiation of the former Senegalese Minister of Agriculture. At the age of fifty-five the Catholic Minister was initiated into the secrets of the sacred grove and thus acquired the status of adult man. The article demonstrates that Jola ethnic discourse, in which male initiation has become an important symbol, forced the Minister to enter the grove. His initiation turned him into a full member of the Jola ethnic group and qualified him as a trustworhty man capable of representing the people. In the campaign of the Socialist Party internal elections the Minister's initiation nevertheless became a major issue. The electorate did not show unswerving loyalty to ‘their’ Minister and nominated a non-initiate. The electorate suddenly changed their standards of apt political representation. The article contributes to the contemporary debate on citizenship and primary patriotism by showing that the Senegalese easily shift their position from subject to citizen, and thus empower themselves vis-à-vis elusive politicians. It also shows that politicians penetrate Jola practices of secrecy and thereby further the Jola's integration into the national public sphere.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

scholarly journals PERAN DPD DALAM PENERAPAN ASAS DESENTRALISASI PADA SISTEM OTONOMI DAERAH

2017 ◽  
Vol 24 (2) ◽  
pp. 244
Author(s):  
Bayu Dwiwiddy Jatmiko
Keyword(s):  
Well Being ◽  
Decentralized System ◽  
Regional Autonomy ◽  
The People

According to the Indonesian constitutional authority of DPD system is still very limited. All tasks and authority of DPD limited to the aspects that are closely linked with the area. Nevertheless, the Council position is not aligned with the Parliament; therefore need to be reviewed in the Council's role in the decentralized system of regional autonomy. So as to encourage the establishment of legislation to the maximum this is more favorable to the region and the well-being of the people in the area.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals ANALISIS PERKEMBANGAN KEMAMPUAN KEUANGAN DAERAH DALAM MENDUKUNG PELAKSANAAN OTONOMI DAERAH PADA DINAS PENDAPATAN DAERAH KOTA TIDORE

2018 ◽  
Vol 13 (04) ◽  
Author(s):  
Umilhair Alting ◽  
Winston Pontoh ◽  
I Gede Suwetja
Keyword(s):  
Local Government ◽  
Regional Development ◽  
Central Government ◽  
Fiscal Decentralization ◽  
Regional Government ◽  
Financial Capability ◽  
Growth Ratio ◽  
Regional Autonomy ◽  
New Beginning ◽  
The People

Fiscal decentralization is one the major component of the decentralization implementation of regional autonomy. As the new beginning in regional development and the people in managing the resources or all of the potential to the prosperity and the progress of region. Financial aspect is one of the basic criteria to find out the real capability regional government in managing their autonomy system (household system) the capability of regional government in managing their financial can be seen in APBD which describes the capability of local government in financing the activities of development task and equity in each region. The purpose of this research is to determine the financial capability of Tidore in regional autonomy especially in 2013-2017 judging by ratio of independency, decentralization fiscal degree, growth ratio. This research used observation, interview and documentation to collect the data. The data was analyzed using qualitative and quantitative data with described analysis. The result showed that the independence ratio of Tidore has been able to improve its financial capability. The degree of decentralization is still highly dependent on the central government, although it has been increasing year by year. Growth rate fluctuated this indicates the local government of Tidore is not too concerned with regional development and community welfare.Keywords: regional autonomy, ratio of independency, The degree of decentralization ratio, Growth ratio.

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