The Regional Representative Council of the Republic of Indonesia (DPD RI), in collaboration with the Faculty of Law, Universitas Gadjah Mada (UGM), held a Focus Group Discussion (FGD) titled “Implementation of the DPD RI’s Legislative and Oversight Functions under the MD3 and P3 Laws” as part of the working visit of the DPD RI Special Committee on Rules of Procedure on Monday, November 25, 2019. The event also aimed to gather input for proposed amendments to the DPD RI’s Rules of Procedure concerning its legislative and oversight functions.
The FGD opened with remarks from the Chair of the DPD RI Special Committee on Rules of Procedure, Gusti Kanjeng Ratu Hemas, and the Dean of the Faculty of Law UGM, Prof. Dr. Sigit Riyanto, S.H., LL.M. The speakers were Andy Omara, S.H., MPub&IntLaw., Ph.D., Head of the Department of Constitutional Law at the Faculty of Law UGM; Dr. Zainal Arifin Mochtar, S.H., LL.M., a lecturer at the Department of Constitutional Law, Faculty of Law UGM; and constitutional law expert Dr. Andi Irmanputra Sidin, S.H., M.H.
The session began with a presentation by Andy Omara, S.H., MPub&IntLaw., Ph.D., who discussed the implementation of the DPD RI’s powers. He noted that the DPD’s institutional design had been less than ideal from the outset, given its limited powers despite its strong democratic legitimacy. This has affected the implementation of its powers, making their exercise less clearly defined. Regarding its legislative and oversight functions, he emphasized that the DPD needs to maximize the mandates entrusted to it under the 1945 Constitution of the Republic of Indonesia.
The next presentation was delivered by Dr. Zainal Arifin Mochtar, S.H., LL.M. He focused on the additional authority granted to the DPD to monitor and review laws under Law No. 15 of 2019 on the Amendment to Law No. 12 of 2011. Dr. Zainal argued that this authority could be positioned as part of the DPD’s legislative function, as monitoring and review are essentially components of the legislative process. The lawmaking process does not end when a law is enacted and promulgated, but continues through a review process that can serve as the basis for planning subsequent legislation. He further emphasized that the DPD should be willing to interpret and exercise the authority granted to it under the 1945 Constitution of the Republic of Indonesia.
The final speaker was constitutional law expert Dr. Andi Irmanputra Sidin, S.H., M.H., who discussed the dynamics and challenges surrounding the formulation of the DPD’s Rules of Procedure, particularly provisions concerning terms of office that had previously been challenged before the Supreme Court. In this regard, he emphasized the need for a paradigm shift in the formulation of the Rules of Procedure and for the DPD to improve its internal regulatory framework. He further stated that issues concerning the DPD’s Rules of Procedure should be resolved internally by the DPD as soon as possible.
Following the presentations, the event continued with a dynamic and substantive question-and-answer session addressing various issues raised by the speakers. The FGD concluded with a summary of the discussion delivered by the moderator.
