The House of Regional Representatives established the Center of Draft Policy and Legal Information of Central-Regional (Law Center of DPD RI) in order to realize its role in relation to the development of the law. DPD as regional representatives felt that the central-regional issues that have been handled by DPD found many problems. The problems that occurred in the region in such a complex and multidimensional can not be solved by policy that in central only, so that it greatly affects the formation of legislation. “The implementation of regional autonomy that has not been in line with expectations, making the law development of the central-regional is not going well,” said I Wayan Sudirta, Chairman of the Law Drafting Committee of DPD (PPUU DPD).

The constitutional political direction is by giving the formation right of laws to the DPR has not been implemented by an approach system which is integrated, both from legislation planning and law making process. “As a result there are many laws that can not be implemented and overlapping”, said I Wayan.

Vice Chairman of PPUU of DPD, Amang Syafrudin thought that the formation of Law Center of DPD RI is something urgent. “Many issues that we are aware there must be support from legal experts that gathered at a single institution, or a place where they can contribute actively,” said Amang.

Amang explained that surveillance conducted by Law Center of DPD RI is a responsibility towards the nation and society, there are monitoring results which have to be reported to the public as well, not only to DPR.

For all these reasons, DPD took the initiative to encourage the conception of law development which is more aligned to the region through the DPD Decision Number 17/DPD/2009 on Institutional Center of Draft Policy and Legal Information of Central-Regional (PPKIH) or Law Center of DPD RI. The launching of Law Center of DPD RI held in the lobby of DPD RI building, Senayan Complex, Jakarta, Thursday (9 / 12), which was attended by representatives of institutions of law also media both print and electronic.

The formation is based on the observation that there are some things that interfere the central-local relationship, namely: many of law arrangements which overlap and not consistent either vertically or horizontally; level of public understanding on DPD in institutional and performance of DPD senators in articulating the interests of society and regional; also DPD as a regional representative institution have not had yet the information center and law documentation of central and local that may provide materials/references for senators and the society in relation with law development of central-local and in the framework of implementation of tasks and authority of DPD.

The PPKIH or Law Center of DPD RI so far has cooperated with 23 universities in the region. Based on the research results of 23 universities, there are about 84 laws problematic in the area. Some laws are problematic including: Law No. 4 of 2009 on Mineral and Coal can not be applied in the Province of Bangka Belitung, because the substance of the Law arranges the mining ordinance which commonly used for gold mining not for other minerals. The Law No. 28 of 2009 on Taxes and Regional Levies which threaten the existence of multiple taxes and levies by the region.

Harmonization of Central-Local Legislation Regulation

In the event also held the limited discussions with the theme “Harmonization of Central-Local Legislation Regulation” with guest speakers Muspani (Senator of DPD 2004-2009 period/initiator of PPKIH formation), Abdul Gani Abdullah (former director general of regulations and legislation), Fajrul Falaakh (expert in constitutional law), and Irman Putra Sidin (expert in constitutional law).

According to Muspani, DPD in constitutionally and Law are very weak, because its weakness, then DPD thinks that the things to do is how to strengthen the institution of DPD without the need to strengthen the articles in MD3. “So, the Law Center is a strategy, it is road to the amendment. If it is as war, then law center is the bullet, as a tool of struggle which forgotten by DPD as a strategy, “said Muspani.

Muspani said that changing the constitution needed support; one of them was from intellectuals who exist on campuses. Now, Law Center of DPD RI has worked with 23 universities. The research results proved to public that DPD is an alternative institution besides the House of Representatives. “If the Law Center is not considered as a tool of struggle by DPD, then DPD will have no power,” said Muspani.

Meanwhile, Abdul Gani said that DPD through the Law Center of DPD RI could evaluate the Act in order that it could move on in the region by analyzing the process of the Act’s contents, so that looked its legal vacuum. So it meant how local regulations in accordance with local interests against the Act which contains a lot of legal vacuum. “Legal vacuum is necessary; to fill it then the regional legislation program (prolegda) should see it clearly and set forth in local purposes. If prolegda already made it and then coordinate with senators of DPD, it called harmonize the legal vacuum with local regulation,” said Abdul Gani.

Fajrul Falaakh saw the positive side of the law center’s role was as a supporting system. Basically it was a supporting system to increase the roles of senators of parliament. “What is now done by Law Center of DPD RI should be continued because it is an important thing of the principal functions implementation of DPD. The next task is the mapping to identify the issues that harm, “said Fajrul.

The Law Center can also be asked to do the mapping on regional legislation program problem, so that can be known whether the region has legislation priority of its regional legislation program. “DPD able to utilize the Law Center to analyze the synchronous or not of the legislation implementation in the area with legislation planning in national field,” explained Fajrul.

Irman Putra Sidin asked DPD to focus on the supervisory function, because the parliament in the whole world is strengthening on the supervisory function. Irman said that it could be a new energy in order to strengthen the DPD. “In the future the Law Center will become important to offset the central government policy. It will talk not only about regional regulations but also government regulations, “explained him.

Irman Putra Sidin also hoped that Law Center could be the national policy-making center and could offset the government authorities in legislation sector.

Tulisan ini tersedia dalam: Bahasa

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