The Dynamics and Constraints of Regional House of Representative Councils in Implementing their Supervisory Functions

Abstract

The journey of the Regional House of Representative Councils (Indonesian: Dewan Perwakilan Rakyat Daerah, abbreviated DPRD, from now on referred to as council) has gone through some dynamics in carrying out its duties and functions, along with the development of society, the government system, and the political system in Indonesia. As part of the Regional Government, DPRD has three functions: legislative function, budgetary function, and supervisory function. Supervision is the function that is most likely to be carried out optimally because the council has full authority and does not depend on other parties, such as the executive or regional head. During its implementation, the council's supervisory function experienced ups and downs. In early Indonesia’s reformation era, the council’s supervisory function was used as a means of pressure on regional heads. This could happen because, at that time, the regional head had to be responsible to the council. Based on this condition, the council's position greatly determined the regional head's sustainability. Meanwhile, as for now, the council's supervisory function is only limited to the implementation of regional legal products, which include regional regulations and regulations issued by the regional head, as well as other regulations related to the implementation of regional government. Additionally, it encompasses monitoring follow-up actions resulting from financial audit reports by the Audit Board, the consequences of which do not impact the continuity of the regional head's position. The focus of this study is limited to the dynamics of the council in carrying out its supervisory function and the obstacles it faces. This study results from normative legal research using the statute and conceptual approaches. The expected contribution of this study is, theoretically, for the advancement of legal science, particularly in the areas of constitutional law and administrative law. Also, it aims to provide insights into the components of regional governance, specifically for regional heads or regional government and particularly for DPRD. In addition, it is also expected to contribute to the provision of legal source materials, especially those related to the council's function for other researchers.