A Socio-Legal Analysis of the Control Function of Parliament in the Regulation Implementation

Abstract

UU NRI 1945 as constitution of the Republic Indonesia should be the basic source of power in order to carry out national development focused on providing an interests, kindness, and general well-being, where there is a division of powers which consists of the legislative, executive, a nd judicial. The Constitution as the source of power, not only has the legal authority and the highest authority, but also should be the basis and foundation of statehood. The Constitution of the Republic of Indonesia contains basic norms in Article 1 Paragraph (2) NRI 1945 Constitution affirms the sovereignty vested in the people and implemented through legislation. To realize the goal of interest, kindness and prosperity for the citizens of Indonesia is the supreme sovereignty vested in the people. Parliament as a representative institution of the people in the region have an important role in governance, that capable of reflecting the values ​​of democracy also can absorb and promote the aspirations of the people including the interests of the region in accordance with the demands of the life of the nation. The Monitoring is one of the main functions that attached to the Dewan Pemerintah Daerah (DPRD) in addition to the functions of legislation and the budget. Should, aspirations of the people in the areas of supervision, institutionally represented through their elected representatives in Parliament. This supervision function is expected to become effective in accordance societal expectations, regulations and legislation in demand. DPRD monitoring aims to ensure that the regional government run the program in accordance with the plans and the statutory provisions. Supervision should constitute one of the most intensive functions that can be performed by the Institute Council. Supervisory functions executed in the context of Parliament as a political institution is a form of political control more strategic rather than technical supervision administration. It shows that the supervisory function carried by DPRD at the level of policy control to create checks and balances. Provinces that previously had a weak and limited bargaining power, strengthened by the addition of functions and authority to the governor; Fourth, efficiency and effective are preferred by grinding large areas of autonomy, real and responsible. The principles of democracy, the participation of the community, equity and equality, as well as preserve the potential and diversity areas was neglected.

Keywords: Monitoring, Local Government, Political Institutions, Parliament, Local Regulation