PROBLEMATIKA FUNGSI LEGISLASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA PADA MASA TRANSISI ANTARA PENETAPAN HASIL PEMILU DAN PELANTIKAN ANGGOTA BARU (LAME DUCK SESSION) TAHUN 2014-2024

Dzakya Elvira Hasan, NIM.: 22103070043 (2026) PROBLEMATIKA FUNGSI LEGISLASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA PADA MASA TRANSISI ANTARA PENETAPAN HASIL PEMILU DAN PELANTIKAN ANGGOTA BARU (LAME DUCK SESSION) TAHUN 2014-2024. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The phenomenon of the lame duck session or legislative transition period in Indonesia refers to the condition in which members of the House of Representatives of the Republic of Indonesia (DPR RI) whose term of office is about to end still hold full authority to exercise legislative functions until the new members are inaugurated. In the post-reform era, this period is often marked by an increase in legislative activity, where a number of Bills (RUU), including those of a strategic nature, are passed within a relatively short time toward the end of the DPR’s term. This thesis specifically analyzes the legislative productivity of DPR RI during the lame duck session in the post-reform period and evaluates its legislative function from the perspective of fiqh siyasah (Islamic political law), with particular attention to issues of legality, legitimacy, and political ethics. This research employs a normative legal research method with a statutory approach and a conceptual approach. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 12 of 2011 on the Formation of Laws and Regulations, Law Number 17 of 2014 on the MPR, DPR, DPD, and DPRD, as well as regulations related to the National Legislative Program (Prolegnas) and the Rules of Procedure of the DPR. Secondary legal materials are obtained from books, academic journals, theses, and reports evaluating the legislative performance of the DPR. The analysis is conducted descriptively and analytically by linking empirical findings in Chapter III (tabulation and examples of Bills passed during the lame duck session) with legislative theory and the principles of fiqh siyasah. The results of the study show that, quantitatively, the legislative productivity of DPR RI during the lame duck session tends to increase, as reflected in the significant contribution of the transition period to the total number of laws enacted within one legislative term and the observable tendency of “rushing” the completion of Bills at the end of the term. However, qualitatively, this increase is not always accompanied by compliance with the principles of good law-making, since the legislative process is often brief, public participation is limited, and the space for substantive deliberation is narrowed, thereby creating problems of political legitimacy and accountability. From the perspective of fiqh siyasah, the legislative function of the DPR during the lame duck session is not yet fully in harmony with the principles of al-‘adl (justice), al-amānah (trust/responsibility), al-maslahah al-‘āmmah (public interest), and asy-syūrā (consultation), due to the risk of strategic decisions being made by legislators whose political legitimacy is weakening and who are no longer directly accountable to voters. Therefore, this thesis recommends strengthening regulation and legislative ethics during the transition period, both by limiting the types of Bills that may be decided in a lame duck session and by raising standards of transparency and public participation, so that the legislative function of DPR remains consistent with constitutional democratic principles and the values of fiqh siyasah.

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