Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia
In the framework of Indonesia’s constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and t...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Badan Penelitian dan Pengembangan Hukum dan HAM
2025-03-01
|
| Series: | Jurnal Penelitian Hukum De Jure |
| Subjects: | |
| Online Access: | https://ejournal.balitbangham.go.id/index.php/dejure/article/view/4764 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849392446962663424 |
|---|---|
| author | Rianda Dirkareshza Eka NAM Sihombing Muhammad Fauzan |
| author_facet | Rianda Dirkareshza Eka NAM Sihombing Muhammad Fauzan |
| author_sort | Rianda Dirkareshza |
| collection | DOAJ |
| description | In the framework of Indonesia’s constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to raised in this study are about the oversight concept in the lawmaking process from the perspective of comparative constitutionalism and the reconstruction of the oversight concept to realize enhance checks and balances. This study employs a mixed -method approach, incorporating normative-juridical, comparative, and conceptual methodologies and legislative analysis. The findings indicate that Indonesia implements a soft bicameral concept characterized by an asymmetry of authority with in between the two both chambers in the lawmaking process, with the Constitutional Court acting as the primary a judicial oversight mechanism. In contrast, the United States and Russia maintain robust internal oversight within their legislative institutions, complemented judicial authority to oversee law implementation, thereby reinforcing checks and balances between the legislative and judicial branches. It is recommended that the oversight framework within Indonesia’s legislative process be strengthened by reconstructing oversight mechanisms through the expansion of the DPD’s role, particularly in reviewing, approving, or vetoing draft legislation. This expansion is advised to enhance internal legislative oversight and create a more balanced system of checks and balances between legislative bodies. Furthermore, the reconstruction of oversight concepts in the lawmaking process should be pursued by granting the DPD greater authority to accept or veto draft laws, thereby reinforcing internal oversight within the legislative process |
| format | Article |
| id | doaj-art-2db7e027ca4e482c9fb93a7c007cbc64 |
| institution | Kabale University |
| issn | 1410-5632 2579-8561 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Badan Penelitian dan Pengembangan Hukum dan HAM |
| record_format | Article |
| series | Jurnal Penelitian Hukum De Jure |
| spelling | doaj-art-2db7e027ca4e482c9fb93a7c007cbc642025-08-20T03:40:46ZengBadan Penelitian dan Pengembangan Hukum dan HAMJurnal Penelitian Hukum De Jure1410-56322579-85612025-03-01251678010.30641/dejure.2025.V25.67-80813Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and IndonesiaRianda Dirkareshza0Eka NAM Sihombing1Muhammad FauzanFH UPN Veteran(Scopus ID: 57225000504) Fakultas Hukum Universitas Muhammadiyah Sumatera UtaraIn the framework of Indonesia’s constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to raised in this study are about the oversight concept in the lawmaking process from the perspective of comparative constitutionalism and the reconstruction of the oversight concept to realize enhance checks and balances. This study employs a mixed -method approach, incorporating normative-juridical, comparative, and conceptual methodologies and legislative analysis. The findings indicate that Indonesia implements a soft bicameral concept characterized by an asymmetry of authority with in between the two both chambers in the lawmaking process, with the Constitutional Court acting as the primary a judicial oversight mechanism. In contrast, the United States and Russia maintain robust internal oversight within their legislative institutions, complemented judicial authority to oversee law implementation, thereby reinforcing checks and balances between the legislative and judicial branches. It is recommended that the oversight framework within Indonesia’s legislative process be strengthened by reconstructing oversight mechanisms through the expansion of the DPD’s role, particularly in reviewing, approving, or vetoing draft legislation. This expansion is advised to enhance internal legislative oversight and create a more balanced system of checks and balances between legislative bodies. Furthermore, the reconstruction of oversight concepts in the lawmaking process should be pursued by granting the DPD greater authority to accept or veto draft laws, thereby reinforcing internal oversight within the legislative processhttps://ejournal.balitbangham.go.id/index.php/dejure/article/view/4764perbandinganpembentukan hukumpengawasanrekonstruksi |
| spellingShingle | Rianda Dirkareshza Eka NAM Sihombing Muhammad Fauzan Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia Jurnal Penelitian Hukum De Jure perbandingan pembentukan hukum pengawasan rekonstruksi |
| title | Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia |
| title_full | Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia |
| title_fullStr | Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia |
| title_full_unstemmed | Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia |
| title_short | Concept of Checks and Balances in the Legislation Process: A Comparative Study Between United States, Russia, and Indonesia |
| title_sort | concept of checks and balances in the legislation process a comparative study between united states russia and indonesia |
| topic | perbandingan pembentukan hukum pengawasan rekonstruksi |
| url | https://ejournal.balitbangham.go.id/index.php/dejure/article/view/4764 |
| work_keys_str_mv | AT riandadirkareshza conceptofchecksandbalancesinthelegislationprocessacomparativestudybetweenunitedstatesrussiaandindonesia AT ekanamsihombing conceptofchecksandbalancesinthelegislationprocessacomparativestudybetweenunitedstatesrussiaandindonesia AT muhammadfauzan conceptofchecksandbalancesinthelegislationprocessacomparativestudybetweenunitedstatesrussiaandindonesia |