Regional House of Representatives

Regional House of Representatives Dewan Perwakilan Rakyat Daerah
Type
Type	Unicameral
Term limits	None
Seats	2024: 2,372 (Provincial) 17,510 (Regency/City)
Elections
Voting system	Open list proportional representation
Last election	14 February 2024
Next election	2029

In Indonesia, a Regional House of Representatives (Indonesian: Dewan Perwakilan Rakyat Daerah, DPRD; lit. 'Regional People's Representative Council') is the unicameral^[1] legislative body of an Indonesian national subdivision, at either the provincial or at the regency/city level. They are based on the amended Constitution of Indonesia, which mandated the creation of such bodies for local governance. The legislatures are present in all Indonesian provinces, and all second-level subdivisions except for the constituent municipalities of Jakarta.^[2]

Names

In Aceh, the provincial legislature is named the Aceh House of Representatives (Indonesian: Dewan Perwakilan Rakyat Aceh), while municipal legislatures are referred to as either City House of Representatives (Indonesian: Dewan Perwakilan Rakyat Kota) or Regency House of Representatives ((Indonesian: Dewan Perwakilan Rakyat Kabupaten). The different names were set by Law 11 of 2006 on Acehnese government.^[3] Provinces in Western New Guinea similarly do not include the word "Daerah" in their provincial legislatures, as regulated by Law 21 of 2001 on Papuan Special Autonomy.^[4]

History

During the Dutch colonial period, the colonial government in Indonesia established a number of village and city councils with elected members.^[5] The original Constitution of Indonesia, written in 1945, did not include specific provisions for DPRD, deferring local government to later laws.^[6] Shortly after the proclamation of Indonesian independence in August 1945, ad-hoc regional committees would be established at the instigation of the national Central Indonesian National Committee.^[7] In 1948, the government enacted the Law No. 22 of 1948, which mandated the form of local governments which included Regional Houses of Representatives with elected members and had the authority to elect members of a Regional Leadership Council, which included the regional leader.^[8] Government regulations No. 36 and 39 in 1950 initially arranged the election process for DPRD, until superseded by the Law No. 19 of 1956.^[9]

Local legislatures were established in the early 1950s, although they were replaced by transitional DPRD in 1956. Elections were held in 1957 and 1958 to elect members of DPRD at provincial and municipal levels.^[10] The next election for DPRD members would be under Suharto in 1971, simultaneous with legislative elections for the national House of Representatives (DPR).^[11] DPRDs maintained their legal authority to select regional leaders (i.e. governors, mayors, and regents) during the New Order period.^[12] However, due to the majority of DPRD members being members of the ruling party Golkar, DPRD were generally rubber stamp legislatures which wielded little actual power.^[13]

Explicit mention of DPRD in the constitution (Art. 18, clause 3) would be added by amendment in the Reformasi period.^[6] Post-Suharto laws would provide more power to DPRD,^[14] although the Law No. 32 of 2004 would remove DPRD authority to elect regional leaders, and instead established direct elections for governors, regents and mayors.^[15]

Powers

DPRD powers are classified under Law No. 17 of 2014 as legislative, budgeting, and supervisory powers, which includes creating regional laws, approving budgets proposed by the regional leaders, and monitoring the spending of funds.^[16][17] Additionally, DPRD could propose the removal of a regional leader the Ministry of Home Affairs, and may declare impeachment of a regional leader.^[17][18] However, DPRD cannot remove regional leaders from their positions, which remained the authority of the Supreme Court of Indonesia.^[18]

Membership and elections

All DPRD members must be elected as a member of a political party.^[19] Since 1971, DPRD elections have been held together with DPR elections.^[11] Members are elected for five-year terms,^[20] with no term limits.^[21] Since 2004, elections have been done through an open list proportional representation system,^[22] with the Sainte-Laguë method being used to determine elected candidates since 2019.^[23] The national parliamentary threshold, used in elections to DPR, does not apply to DPRD elections. While the 2014 election was meant to have a 3.5 percent threshold for both DPR and DPRD, Constitutional Court of Indonesia shot down the threshold for DPRD in 2013, and limited the threshold to DPR elections.^[24] The Indonesian electoral law of 2017 sets the number of seats for DPRDs according to the regional population, as defined in the ranges below:

Provincial / DPRD I^{[25]:Art. 188}

Population	DPRD Seats:
<1 million	35
1-3 million	45
3-5 million	55
5-7 million	65
7-9 million	75
9-11 million	85
11-20 million	100
>20 million	120

Regency/City / DPRD II^{[25]:Art. 191}

Population	DPRD Seats:
<100 thousand	20
100-200 thousand	25
200-300 thousand	30
300-400 thousand	35
400-500 thousand	40
500 thousand-1 million	45
1-3 million	50
>3 million	55

The seats are also distributed in electoral districts with 3-12 members each. The law requires these electoral districts to follow the administrative borders of regencies/cities (provincial) or subdistricts (regency/city) if possible, though partition of a subdivision into multiple districts is allowed if not possible otherwise.^{[26][25]:Art. 187,189,192} In total, the 2017 law mandated 2,372 seats in DPRD I and 17,510 in DPRD II for the 2024 election.^[27] Exceptions to the above are DPRD I of Aceh and Jakarta, which has 81 and 106 seats allocated, respectively.^{[25]: p442, p451} Furthermore, DPRD in Western New Guinea allocates additional reserved seats for native Papuans numbering 25 percent of elected members. Members on the reserved seats are appointed by a council of government officials, academics, and tribal leaders.^[28] These native Papuan members are not allowed to be members of political parties and must have not participated in the previous legislative election.^[29]

Sitting DPRD members are required to resign their positions in order to run for a legislative position from a different party from their prior affiliation or any executive position, although members-elect who had not been sworn in are not required to do so.^[30][31] If a sitting member resigned, died, or is otherwise removed, and has more than six months left in the term, a replacement is appointed to complete the term. The replacement is selected from the same political party, specifically, the legislative candidate who ran in the same electoral district and received the next highest vote count but did not qualify.^[32]

Structure

The structure of DPRDs is defined by the Law 17 of 2014. All DPRD has a speaker and at least two deputy speakers, with three deputy speakers for legislatures numbering 45-84 and four deputy speakers for legislatures with 85 or more members.^{[33]:Art 327, 376} The speaker is selected from DPRD members from the political party with the most seats in the DPRD, or the party with more popular votes in the event of a tie. Deputy speakers are similarly selected from parties with the second-most, third-most, fourth-most, or fifth-most members/popular votes.^{[33]:Art 327, 376}

DPRD members are divided into commissions which focus on specific issues. The number of commissions in a DPRD depends on its membership count, with three commissions for DPRD with 35 members or less, four for DPRD with 55 members or less, and five for DPRD with more than 55 members.^{[33]:Art 329, 378} All members are also part of a parliamentary group (fraksi), which are required to have at least as many members as the corresponding DPRD has commissions. A fraksi may comprise multiple political parties, but all legislators of the same political party must remain within the same fraksi.^{[33]:Art 329, 378}

References

1. Pemilihan Umum 1999: Buku lampiran I-XII (in Indonesian). General Elections Commission. 1999. p. 102.
2. "DKI Jakarta, Sebuah Kota yang Berstatus Provinsi?". hukumonline.com (in Indonesian). 26 June 2008. Retrieved 29 March 2024.
3. Acehnese Government Act of 2006 (PDF) (11, 1.10-11) (in Indonesian). Government of Indonesia. 2006. Retrieved 29 March 2024.
4. Papuan Special Autonomy Act of 2001 (PDF) (21, 1.f) (in Indonesian). Government of Indonesia. 2001. Retrieved 29 March 2024.
5. Emmer, Pieter (2020). "Decolonization of the Dutch East Indies/Indonesia". Encyclopédie d'histoire numérique de l'Europe. Retrieved 29 March 2024.
6. Raditya, Iswara N. (4 November 2021). "Bunyi Pasal 18 UUD 1945: Penambahan Isi Sebelum & Setelah Amandemen". tirto.id (in Indonesian). Retrieved 29 March 2024.
7. Kahin, Audrey (29 October 2015). Historical Dictionary of Indonesia. Rowman & Littlefield. p. 244. ISBN 978-0-8108-7456-5.
8. Self-Government Act of 1948 (PDF) (22). Government of Indonesia. 1948.
9. Undang2 pemilihan daerah beserta pendjelasan: tentang pemilihan anggota Dewan Perwakilan Rakjat Daerah (in Indonesian). Kedaulatan Rakjat. 1956. pp. 7–8.
10. Lev, Daniel S. (2009). The Transition to Guided Democracy: Indonesian Politics, 1957-1959. Equinox Publishing. pp. 104–105. ISBN 978-602-8397-40-7.
11. "Pemilu 1971" (in Indonesian). General Elections Commission. Retrieved 29 March 2024.
12. Marijan, Kacung (2019). Sistem Politik Indonesia: Konsolidasi Demokrasi Pasca Orde Baru (in Indonesian). Kencana. ISBN 978-602-8730-16-7.
13. Aziz, Nyimas Latifah Letty; Zuhro, R. Siti; Cahyono, Heru; Suryani, Dini; Aulia, Dian; Maulana, Yusuf (2 January 2019). Dinamika pola pengawasan dana otonomi khusus dan istimewa: Aceh, Papua, dan DIY (in Indonesian). Yayasan Pustaka Obor Indonesia. pp. 44–50. ISBN 978-602-433-714-8.
14. Aziz et al. 2019, pp. 50–54.
15. Heryanto, Gun Gun (2019). Literasi Politik (in Indonesian). IRCiSoD. p. 178. ISBN 978-602-7696-89-1.
16. 17. 2014. Retrieved 29 March 2024.
17. Milagsita, Anindya (15 February 2024). "Perbedaan DPRD, DPD, dan DPR RI: Ini Tugas dan Fungsinya". detikjateng (in Indonesian). detikcom. Retrieved 29 March 2024.
18. "Saldi Isra Bahas Mekanisme Pemberhentian Kepala Daerah" (in Indonesian). Constitutional Court of Indonesia. 8 March 2023. Retrieved 29 March 2024.
19. "Mencari Celah Jadi Anggota DPR Lewat Jalur Perseorangan" (in Indonesian). 21 December 2023. Retrieved 29 March 2024.
20. "Government Regulation No. 16 of 2010" (in Indonesian). Government of Indonesia. Retrieved 29 March 2024.
21. "Masa Jabatan Anggota Dewan Dipersoalkan" (in Indonesian). Constitutional Court of Indonesia. 15 January 2020. Retrieved 29 March 2024.
22. "Sistem Pemilu 2024 Tetap Proporsional Terbuka" (in Indonesian). Constitutional Court of Indonesia. 15 June 2023. Retrieved 29 March 2024.
23. Sinaga, Raja Malo (28 February 2024). "Cara Hitung Metode Sainte Lague untuk Kursi Pileg 2024". detiksumut (in Indonesian). Retrieved 29 March 2024.
24. "Pengertian dan Alasan Penerapan Parliamentary Threshold". KOMPAS.com (in Indonesian). 16 May 2022. Retrieved 29 March 2024.
25. Elections Act of 2017 (PDF) (7) (in Indonesian). Government of Indonesia. 2017. Retrieved 23 September 2018.
26. Amindoni, Ayomi (21 July 2017). "Apa yang perlu Anda ketahui tentang UU Pemilu". BBC (in Indonesian). Retrieved 23 September 2018.
27. Sianturi, Edward Ricardo (13 February 2024). "Jumlah Dapil & Kursi yang Diperebutkan dalam Pemilu 2024". CNBC Indonesia (in Indonesian). Retrieved 29 March 2024.
28. "Gubernur Papua Barat mulai bentuk timsel anggota DPRD jalur otsus". Antara News (in Indonesian). 15 March 2024. Retrieved 29 March 2024.
29. "Kesbangpol: Syarat utama calon anggota DPRP-DPRK tidak terlibat parpol". Antara News (in Indonesian). 14 March 2024. Retrieved 20 May 2024.
30. "Calon Anggota Dewan Terpilih Belum Perlu Undur Diri Saat Maju Pilkada" (in Indonesian). Constitutional Court of Indonesia. 29 February 2024. Retrieved 29 March 2024.
31. "Anggota DPR/DPRD Harus Mundur Jika Nyaleg Berbeda Partai". Kumparan (in Indonesian). 16 May 2023. Retrieved 15 December 2024.
32. "Penggantian Antarwaktu" (in Indonesian). General Elections Commission. Retrieved 29 March 2024.
33. "Anotasi Undang Undang Nomor 17 Tahun 2014" (PDF). House of Representatives of Indonesia. 2023. Retrieved 29 March 2024.