The Reconstruction of Government Political and Legal Regulations in the Inauguration and Oath-Taking of Offices for Inter-Term Replacement of Members/Leaders of the Regional People's Representative Council of the Provincial Based on the Values of Justice
Year: 2025
Type: article
Abstract: The Interim Replacement System within the framework of the DPR government emerged as a result of the implementation of work in government carrying a burden and responsibility as well as major political consequences. This research aims to: 1) analyze the government's legal regulations on the inauguration and oath-taking of interim replacements for Provincial People's Representative Council members, which are not yet based on justice values; 2) identify weaknesses in these regulations; and 3) propose a reconstruction of these regulations based on justice values. Using a constructivist paradigm, the research employs a socio-legal approach with descriptive methods, relying on secondary data from primary, secondary, and tertiary legal materials. Data collection is through literature review and qualitative analysis. The study found: 1) The legal protection regulations for victims of human trafficking, as well as the government's legal political regulations for the inauguration and oath-taking of interim replacements for Provincial People's Representative Council members, are not yet grounded in justice values. The position of a DPRD member is highly prestigious, but this is not reflected in current legal frameworks; 2) Weaknesses in these regulations include: a) Legal substance, Interim replacements (PAW) are regulated in Law No. 17 of 2014, but challenges remain; b) Legal structure, there is a lack of synergy among institutions involved in the interim replacement process, leading to legal issues; c) Legal culture, the interim replacement system is influenced by the burden and political consequences of governmental work, making it susceptible to legal problems; 3) The proposed reconstruction involves aligning legal regulations with justice values, ensuring fairness in the interim replacement process. This includes norm reconstruction in Law No. 17/2014, specifically Article 409(1) and Article 368(1), to promote justice and fairness in the political process of member replacement and oath-taking.
Authors: Agus Shali, Gunarto Gunarto, Bambang Tri Bawono, Isnawati Isnawati
Institution: Sultan Agung Islamic University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $53
OpenAlex ID: W4412372128