The Effectiveness of Regional Representative Councils: An Analysis of Checks and Balances and the Protection of Indigenous Peoples Rights

Muhammad Hafiz — 2025-11-07

Following the reform, the establishment of the House of Regional Representatives (DPD) is a crucial component of the revitalization of the Indonesian constitutional system. This study examines the role of DPD in the bicameral system, as well as the regulations governing its authority in relation to the DPR, particularly in the formation of laws related to regional autonomy and indigenous peoples. The method used is normative legal research with a legislative approach. The results showed that, although DPD has a limited legislative function as stipulated in Article 22D of the 1945 Constitution, its authority has not been balanced with that of the DPR, thus hampering the effectiveness of regional representation. This imbalance has an impact on the weak protection of the aspirations of indigenous peoples, who are often victims of development policies, such as in the case of the eviction of customary land due to the construction of the Archipelago Capital. In this context, DPD should act as a bridge between the region and the central government. However, the absence of clear regulations regarding the form of DPD's accountability makes its position less optimal. Therefore, constitutional strengthening and regulatory reform are necessary to enhance the effectiveness, equality, and capacity of the DPD in representing and legislating, thereby ensuring justice, protecting the rights of indigenous peoples, and promoting equitable national development.

An Examination of Shura Principles in the National Legislation System

Rahmad Lubis — 2025-11-07

This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura values can be integrated into the process of forming democratic and just laws and regulations. Data were collected through literature studies of Islamic legal sources, legislative documents, and relevant previous research results. The study's results demonstrate that the principle of shura aligns significantly with the principles underlying the formation of national laws and regulations, including those of openness, public participation, and social justice. In addition, the integration of shura principles can strengthen moral and ethical legitimacy in the legislation process, so that it is expected to produce legal products that are more aspirational and in accordance with plural Indonesian values. These findings suggest the need to strengthen the deliberative mechanism at various stages of legislation, including formulation, discussion, and evaluation of laws and regulations, to achieve a more inclusive and interest-oriented legislative system.

AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam

The Effectiveness of Regional Representative Councils: An Analysis of Checks and Balances and the Protection of Indigenous Peoples Rights

An Examination of Shura Principles in the National Legislation System