KEWAJIBAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) TERHADAP KONSTITUEN

As a result of the enactment of Local Government Law (Act No. 32 Year 2004) and The Making Process of Legislation Law (Act No.10 Year 2004) public have greater opportunities to participate in the process of legislation in its region. It derives from Article 53 Act No.10 year 2004. The reinforcement of legislation, budgeting and controlling function can be done through the optimization of Provincial/District Legislative Council�s role (DPRD). DPRD is as a balance of power for the executive, while the social control can be done in public participation through Non Governmental Organization (NGO) and social organization. This legal research uses three sorts of approach namely statute approach, case approach and conceptual approach. The Legal resource includes primary legal resource and secondary legal resource. The primary legal resources consist of Local Government law ( Act No.32 Year 2004), The Making Process of Legislation Law ( Act No. 10 Year 2004), and People Consultative asembly ,House of Representative, house of Regional Representative, Provincial and District Legislative council Law (Act No.27 Year 2009) Government Regulation No.25 Year 2004,Government Regulation No.16 Year 2010 the Arrangement Guidelines for the House of Representatives�s Rules. The Sencondary legal resources consist of legal literatures and doctrines. The research result shows that the function of legislation, budgeting and controlling have not been implemented properly. It is reasoned by the Regional House of Representative�s Rules does not firmly mention about public participation in the making process of regional regulation. Public and societies only have the right to participate in the process of preparation and consideration of regional regulation. The obstacles of DPRD to implement its functions comprise of internal and external factors. The Internal factors include the education level among the members of DPRD quite varied, the expert staff that prepares the local regulation draft has not provided yet, whereas, the external factors comprise of the recruitment political party member is less concern to the need assessment of the council, the lack of public participation in the making process of regional regulation