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143 J.L. Pol'y & Globalization 1 (2024)

handle is hein.journals/jawpglob143 and id is 1 raw text is: Journal of Law, Policy and Globalization www.iior ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.143, 2024 USTE Implications of Regional Representative Council Supervision Arrangements According to the 1945 Constitution of the Republic of Indonesia Hananto Widodo, Pudjiastuti, Budi Hermono, Dita Perwitasari, Dicky Eko Prasetyo Faculty of Law, Surabaya State University, E-mail: hanantowidodo a unesa.ac.id Abstract The supervision arrangements for the Regional Representative Council in Indonesia can be said to be still unclear because in Article 22 D paragraph (3) of the 1945 Constitution of the Republic of Indonesia it is emphasized that supervision of the Regional Representative Council requires follow-up by the People's Representative Council. This research aims to analyze the implications of the supervisory arrangements of the Regional Representative Council according to the 1945 Constitution of the Republic of Indonesia. This research is legal research that prioritizes conceptual, historical, and statutory approaches. The research results confirm that the supervisory authority possessed by the Regional Representative Council can be less effective because the follow-up to the results of the Regional Representative Council's supervision will depend greatly on the political will of the People's Representative Council. The weak authority of the Regional Representative Council is due to political and legal matters; changes to the 1945 Constitution place more emphasis on strengthening the institution of the People's Representative Council. Therefore, maintaining the supervisory arrangements of the Regional Representative Council needs to be carried out by amending the 1945 Constitution of the Republic of Indonesia regarding the authority of the Regional Representative Council so that the implications of the supervisory arrangements of the Regional Representative Council become effective and can strengthen the function of checks and balances with the People's Representative Council. Keywords: Regional Representative Council, People's Representative Council, Supervision. DOI: 10.7176/JLPG/143-01 Publication date: October 30th 2024 I.INTRODUCTION The Constitution of the Republic of Indonesia (UUD NRI 1945) broadly regulates two things, namely those related to the separation or distribution of powers and the regulation of human rights (Prasetio, 2023). Separation or division of powers always discusses the separation or division of authority between state institutions. Theoretically, the separation of powers always refers to Montesquie's teachings about the political triad, where state power is divided into 3 branches of power, namely executive, legislative, and judicial (Annisa, 2021). Montequie's doctrine of the separation of powers experienced development in its history. Therefore, the pattern of separation of powers between one country and another can be said to have differences. Among the many countries that claim to adhere to the doctrine of the separation of powers, only the United States is considered to consistently implement the doctrine of the separation of powers in a pure manner (Michaels, 2020). Theoretically, Montesquie's teachings on the separation of powers are divided into legislative power which functions to form laws, executive power which functions to implement laws and judicial power which functions to carry out court functions (Pojanowski, 2019). In its development, legislative power not only functions to form laws but also carries out other functions such as budget functions and supervisory functions (Hananto Widodo, Sudarsono Moh Fadli, 2019) According to Jimly Asshidiqie, more countries in the world use the supervisory function than the legislative function for their representative institutions (Asshidiqie, 2007). People's representative institutions are generally divided into two, namely people's representative institutions which have a one-room structure, and people's representative institutions which have a two-room structure. The principle difference between people's representative institutions that have a one-room structure and those that have a two-room structure is related to the concept of representation (Widiarto, 2021). Countries that have a people's representative institution with a one-chamber structure only have one representative, namely the political representative. Political representatives are representatives whose 1

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