GAGASAN PENATAAN SISTEM LEGISLASI DALAM SISTEM PEMERINTAHAN PRESIDENSIAL DIKAITKAN DENGAN UPAYA MEWUJUDKAN SISTEM PARLEMEN DUA KAMAR YANG SAMA KUAT (STRONG BICAMERALISM) DI INDONESIA

Abstract

The amendment to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution)
has resulted in changes to the constitutional system including changes to Indonesia's legislation practices
and systems. The results of the amendments to the 1945 Constitution put the legislative function only in
the House of Representatives (DPR). As the second chamber of the parliament, the Regional
Representative Council (DPD) does not have a legislative function like the DPR. The absence of the
legislative function in the DPD made the DPD not optimal in fighting for regional interests at the
national level, and made the DPD limited to sub-ordination bodies rather than the DPR. Because the
DPD does not have a legislative function as the main function of the representative room, the DPD
cannot actually be said to be part of the Indonesian representative body. Because, the DPD in fact is
weak and powerless in carrying out its representative functions as a regional representative body. In
addition, the absence of a legislative function in the DPD gave rise to the risk of a situation of instability
in the administration of the government carried out by the Government (president). Changes to the 1945
Constitution place the practice of legislation carried out jointly by the Government (president) and the
DPR. Because the DPD does not have a legislative function as the main function of the representative
room, the DPD cannot actually be said to be part of the Indonesian representative body. Because, the
DPD in fact is weak and powerless in carrying out its representative functions as a regional
representative body. In addition, the absence of a legislative function in the DPD gave rise to the risk of
a situation of instability in the administration of the government carried out by the Government
(president). Changes to the 1945 Constitution place the practice of legislation carried out jointly by the
Government (president) and the DPR.
This type of research can be classified in the type of normative juridical research, because in
this study the author uses legal literature material or mere secondary data as data in this study, the data
sources used, primary legal materials, secondary legal materials and tertiary legal materials.
From the results of the research and discussion of the problem there are two main things that
can be concluded. First, the Indonesian legislative system after the amendment to the 1945 Constitution
has not been able to realize a strong bicameralism in Indonesia. Post-change, the DPD does not have a
legislative function like the DPR. Thus, the DPD as the second chamber of the representative body is
not in the same (relative) position as the DPR, in carrying out its duties and functions as the regional
representative body. Second, in order to realize a strong parliamentary parliamentary system, the
structuring of the legislative system through formal amendments to the 1945 Constitution became an
important and urgent need to be realized. The arrangement of the legislative system was intended to
eliminate the involvement of the president in the practice of joint discussion and approval of the draft
law (RUU) with the DPR, while also providing the same legislative function to the DPD and DPR. The
author's suggestion, given that there have been so many shortcomings or weaknesses than the
constitutional system stipulated in the 1945 Constitution, the authors suggest that the formal
amendments to the 1945 Constitution be realized immediately. It is expected that DPR members will
open themselves to help with the amount of quorum votes needed to implement the formal amendments
to the 1945 Constitution.
Keywords: Legislation System – DPD – Parliamentary System- Strong Bicameralism