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 Jus

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.

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Publication Details

Journal
International Journal of Social Science Research and Review
Published
2025-07-12
DOI
https://doi.org/10.47814/ijssrr.v8i7.2729
Primary Topic
Global Political and Economic Relations
Type
article
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article

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 Jus

Bambang Tri Bawono, A. Shali, Isnawati Isnawati, Gunarto Gunarto
International Journal of Social Science Research and Review
Global Political and Economic Relations
article

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 Jus

Bambang Tri Bawono, A. Shali, Isnawati Isnawati, Gunarto Gunarto
article en

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.

International Journal of Social Science Research and ReviewVol. 8(7)
Sultan Agung Islamic University (ID), Sam Ratulangi University (ID)
Openalex Percentile: Top 79%
Global Political and Economic Relations
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