Indonesia is a rechtstaat that upholds the values of the rule of law, justice, and legal
expediency. In order to fight for these values will be generated through the
establishment of the rule of law involving legislative branches that the Dewan
Perwakilan Rakyat Republik Indonesia and the Dewan Perwakilan Daerah
Republik Indonesia. Dewan Perwakilan Rakyat Republik Indonesia in view as the
political representative of the society, while the Dewan Perwakilan Daerah
Republik Indonesia was inspired as a regional representative who will fight for the
interests of the region in the national level. Dewan Perwakilan Rakyat Republik
Indonesia and the Dewan Perwakilan Daerah Republik Indonesia has a role in
carrying out the functions of legislation, oversight, and budgetary functions.
However, these powers are not balanced with the principle of checks and balances
between the two institutions. During the Dewan Perwakilan Daerah Republik
Indonesia serve as co-legislator of Dewan Perwakilan Rakyat Republik Indonesia,
but after the issuance of the decision Mahkamah Konstitusi Republic Indonesia
Number 92/PUU-X/2012 has interpreted the constitutional authority of the Dewan
Perwakilan Daerah Republik Indonesia to be involved in the discussion of the draft
law is tripartite between the Dewan Perwakilan Rakyat Republik Indonesia, Dewan
Perwakilan Daerah Republik Indonesia, and the President. The involvement of the
Dewan Perwakilan Daerah Republik Indonesia in discussion with a bill limited to
draft legislation relating to local autonomy, central and local relations, the
establishment and expansion and merging of regions, management of natural
resources and other economic resources, as well as relating to financial balance of
central and local. In the discussion of a particular bill is constitutionally, Dewan
Perwakilan Daerah Republik Indonesia doesn't have the right to give approval, only
the Dewan Perwakilan Rakyat Republik Indonesia and the President that have
authorized to give approval of any draft legislation. Therefore, although there has
been a decision of the Mahkamah Konstitusi Republic Indonesia Number 92/PUUX/
2012 it still make representative council as soft bicameral system.