How is the Position of the DPRD?
The DPRD according to Law Number 23 of 2014 which is currently in force is “a regional people's representative institution which is positioned as an element of the Regional Government administration” (Article 1 number 4 of Law Number 23 of 2014). The position of the DPRD is often confusing, especially with the name People's Representative Council which is often equated with the DPR. Then there is the phrase “regional people's representative institution” which illustrates that it seems as if the status of the DPRD is the same as the DPR as a people's representative institution or parliament. Therefore, the media often states that the DPRD is also a legislative institution.
In fact, according to the definition in Law Number 23 of 2014, the Regional House of Representatives (DPRD) is included in the “elements of the Regional Government administration,” which indicates that the DPRD is part of the executive branch. Likewise, the functions of the DPRD include budgeting, oversight, and the establishment of regulations at the level of Regional Regulation (Regional Regulation). The DPRD does not have the function of forming laws (legislation), which should be held by a legislative body.
What is the Impact for Us?
The most obvious practical impact for us is that during the Regional Head Elections (Pilkada), the number of votes we cast will be reduced by one. However, the impact is broader than that. Our right to vote for regional heads is revoked.
Firstly, the regional head who is elected will be the choice of political parties, not our choice. It should be noted that members of the DPRD are nominated by political parties. In practice, the DPRD is also divided into various factions according to the political parties that support each member. By handing over the authority to elect to the DPRD, we indirectly give the authority to determine regional heads to political parties or coalitions of political parties.
Secondly, still related to the first point, the elected regional head will differ from the preferences of the community. For comparison, in the US, the election of the president and vice president also uses representation (through the electoral college system). This often creates a phenomenon when the popular vote (election by the general public) differs from the electoral vote (election by the public through representatives/electoral college). This can also happen in Indonesia, that the candidate chosen by the general public, which is the preference of the community, does not win. The elected regional head is the one chosen by political parties or coalitions of political parties.
Thirdly, our Pilkada system will be roughly the same as the New Order's Pilkada system. In Indonesia, running for President and Vice President is not easy. Political parties always form coalitions to win elections. As is happening now, the coalition that wins the President and Vice President also wins many DPRD elections. This means that even if the Minister of Home Affairs no longer interferes in the Pilkada as it did during the New Order, the selection of candidates at the DPRD level by factions will result in a tendency for the selected candidates to also be intervened by the central government as part of the same party coalition.
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