The Amendment Act No. 12 of 2011

Regional Representative Council (DPD) of Parliament invite the Head of National Law Development Agency and legal experts to provide input related to the Amendment Act No. 12 in 2011 Verdict post Constitution Assembly, Tuesday (31/3).

Head of the National Law Development Agency, Enny Nurbaningsih, who was given the first opportunity in meeting explained that a Council of Regional a new state agency that was born as a blessing of amendments 1945. Indeed the existence of this institution parallel with other state institutions, because the presence of state institutions in order to bridge the aspirations of the region with national development policies in a parliamentary system which leads to bicameral. And the establishment of the DPD as a constitutional step to better accommodate local voices by providing channels, as well as the role of the regions. The channel and role performed by placing a representative who will voice interested of the region through its representative at national level, clearly her.

Furthermore, the results of 1945 amendments enter DPD and institutional members in the assembly. And in charging the position both are done through elections. However, the process of filling it harder for the DPD as selected by the district system of more proxy. The problem is even filling difficult but the authorities of DPD formulated with very simple in the Constitution (Article 22D), it causing debate due to the dysfunctional enforcement authority of the DPD. To terminate  this long debate so that MK decide the petition for judicial review of Article 22D and provide well as the interpretation of the article.

Decision of Constitutional Court (MK) also confirms that the implementation of state power are run by the state agency that runs the power. All agencies throughout the state is a subsystem of overall implementation system of state power. Therefore, implementation of the system is related to the mechanism of state power and administration of state institutions such as the complete unity to rule the country. System of state powers describes how nations agencies work to reach empowered for state goals. It means that there should not state institutions especially in the real organization of legislative, powerfully legislative function, thus ignoring the aspirations area channeled through DPD.

Dysfunctional authority of DPD, comes down to interpretation of DPD authority that formulated by the phrase may submit to the House of Representatives draft laws relating to decentralization, central and local, the establishment, expansion and merging of regions, natural resource management and other economic resources, as well as relating to the financial balance of central and local (Article 22D paragraph 1). And authority of the DPD, who discussed a draft law relating to local autonomy; relationship between the central and regional levels; establishment, expansion, and the merging of regions; management of natural resources, other economic resources, and financial balance between the central and regional levels; as well as provide and give consideration to the House of Representatives on a draft budget revenue and expenditure and draft laws relating to taxation, education,and religion. (Article 22D paragraph 2). Contrary to the formula as if DPD subordinated Parliament, said him.

Then, regarding the Constitutional Court stated that the word "may" in Article 22D paragraph (1) of the 1945 Constitution is the subjective choice of DPD "to file" or "do not ask" draft relating filed to regional autonomy, central and local relations, management of natural resources and other economic resources,as well as related to national and regional financial balance in accordance with the option and interest DPD. The word "may" can be interpreted also as a right and / or authority, so analog or equal to the rights and / or authority of the President under Article 5 (1) of the 1945 Constitution which states, "The President is entitled to file a draft to the House Representatives ". Thus, DPD has the same position and the position of the House of Representatives and the President in the case filed a draft. In Prolegnas 2015 - 2019, draft of Law No. 12 In 2011 on the Establishment Regulation Legislation is one of the laws that are targeted to be established. Although yet to be included in the priority in 2015, but at least the immediate priorities are encouraged to enter the following year because of this law is urgent in order to regulate the formation of legislation from planning to enactment. With the changes provide a strong basis for the legitimacy of the institutions involved in implementing the establishment of the authority, especially DPD. Currently the process of establishing laws that starts from the planning has been carried out by the House of Representatives and the President. This mechanism walk though the Law 12 The year 2011 has not changed, because the three institutions are equally based or comply with the Constitutional Court as one of the sources of law.

Then, if draft of Law 12 The year 2011 be proposed change, the question is whether it will change the articles or improve the draft of law as well as old  MD3 draft of law  replaced by the new draft of law MD3. Decision of the Court in addition to declare void, there is also a constitutionally conditional, which if not done on the terms that have been judged to be unenforceable. In addition to considering the decision of the Constitutional Court, the importance of Law 12 of 2011 amended as Law No. 23 Year 2014 on Regional Government, also has changed the materials related to the formation of regional regulation. Therefore, the many changes and associated with the center draft of law, namely the constituent authority must be reorganized, so if only a partial revision will have an impact on the ineffectiveness of the Act. In fact one of the essential principles of formation PUU is whether the law can be implemented, and whether effective in implementation? Perhaps it can be discussed together in this forum.