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LEGITIMASI PERLUASAN KEWENANGAN PASAL 228A PERATURAN DPR RI NOMOR 1 TAHUN 2025 TENTANG PERUBAHAN ATAS PERATURAN DPR RI NOMOR 1 TAHUN 2020 TENTANG TATA TERTIB
Article 228A of the Indonesian House of Representatives Regulation Number 1 of 2025 concerning Amendments to the Indonesian House of Representatives Regulation Number 1 of 2020 concerning the DPR's Rules of Procedure has sparked controversy in the Indonesian constitutional system because it is considered to expand the DPR's authority over other state institutions. This provision is seen as potentially disrupting the principle of checks and balances, the independence of state institutions, and creating legal uncertainty in relations between state institutions. The issue of legitimacy is not only related to the formal aspects of norm formation, but also concerns public acceptance, conformity with the principle of constitutionality, and orientation towards the welfare of the state in the use of state authority. In this context, Article 228A is problematic because it is seen as accommodating internal institutional interests rather than constitutional interests and the broader public interest. Therefore, the legitimacy of Article 228A needs to be analyzed through Max Weber's legitimacy theory and Al-Mawardi's concept of power and authority to assess the norm within the framework of Islamic constitutional law. This research is a descriptive-analytical library research using a normative juridical approach. The primary data in this study is the Regulation of the House of Representatives of the Republic of Indonesia Number 1 of 2025 concerning Amendments to the Regulation of the House of Representatives Number 1 of 2020 concerning Rules of Procedure, specifically Article 228A, and the 1945 Constitution of the Republic of Indonesia. Secondary data was obtained from books, journals, scientific articles, and previous research results relevant to the legitimacy of power, constitutional law, and fiqh siyasa. Data collection techniques were carried out through library studies by systematically reviewing various primary, secondary, and tertiary legal sources. Data analysis used an interactive model through the stages of data reduction, data presentation, and drawing conclusions to assess the suitability of Article 228A with the concepts and values within government authority. The research results show that the provisions of Article 228A of the Indonesian House of Representatives Regulation Number 1 of 2025 concerning Amendments to DPR Regulation Number 1 of 2020 concerning Rules of Procedure do not fully reflect strong legitimacy within the Indonesian constitutional system. Although established through a formal mechanism, the rational-legal legitimacy of this norm tends to be weak because its substance has the potential to expand the DPR's authority beyond its proper limits. This provision emphasizes internal institutional aspects rather than broader constitutional and public interests. From Al-Mawardi's perspective, Article 228A does not fully reflect the principles of trust, justice, limitation of power, and public welfare as the basis for the use of government authority. This condition has the potential to shift the orientation of the exercise of power from serving the public interest to fulfilling institutional needs values within government authority.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
LEGITIMASI PERLUASAN KEWENANGAN PASAL 228A PERATURAN DPR RI NOMOR 1 TAHUN 2025 TENTANG PERUBAHAN ATAS PERATURAN DPR RI NOMOR 1 TAHUN 2020 TENTANG TATA TERTIB (Text)
LEGITIMASI PERLUASAN KEWENANGAN PASAL 228A PERATURAN DPR RI NOMOR 1 TAHUN 2025 TENTANG PERUBAHAN ATAS PERATURAN DPR RI NOMOR 1 TAHUN 2020 TENTANG TATA TERTIB (Other)
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