Power Relations of the House of Representatives, Regional People's Representative Council, and the President in Lawmaking: Dynamics of the Development of Legislative Functions in Indonesia

Abstract

This study attempts to reveal the problem of structural and cultural inequality in the power relations between legislative and executive institutions in Indonesia, which is clearly visible in the practice of forming laws at the national and regional levels. Although constitutionally the DPR and DPRD have legislative authority as stated in the 1945 Constitution of the Republic of Indonesia, in reality this role is often reduced by the dominance of the executive, especially the President and regional heads. The President is often the central actor in determining the legislative agenda, where proposals from the government are more easily included in the Prolegnas compared to legislative initiatives. This condition reflects the weakness of the principle of checks and balances and creates an imbalance in the legislative function. This study aims to analyze the extent to which the DPR and DPRD are able to carry out their legislative functions independently, as well as to examine the influence of institutional structures and legal political culture on the dynamics of the formation of laws and regulations. In addition, this study also aims to evaluate the effectiveness of the current legislative system and formulate recommendations for strengthening the role of the legislature in realizing a democratic and accountable legal system. The results of the study revealed that executive dominance in the legislative process is not solely caused by structural imbalances, but is also influenced by an elitist and pragmatic political culture. At the national level, the involvement of the DPR in drafting bills is often formalistic, while in the regions, the DPRD tends to follow executive policies without strong legislative initiatives. Limited legislative capacity, minimal resources, and weak systemic support also weaken the quality of the regulations produced, so that they are less reflective of the public interest and more in favor of the executive agenda. This study recommends strengthening the institutions of the DPR and DPRD by increasing the capacity of legislators, adequate budget support, and developing a research-based legislative system. Reform of the legal political culture is also needed to encourage participatory and deliberative legislative patterns, by making public involvement a substantive part of the formation of regulations. In addition, enforcement of the principle of checks and balances must be strengthened through an effective and transparent oversight mechanism against executive dominance, in order to realize a democratic, balanced, and just legislative system.