Regional House of Representatives Dewan Perwakilan Rakyat Daerah | |
|---|---|
 | |
| Type | |
| Type | |
Term limits | 5 years |
| Structure | |
| Seats | 2024: 2,372 in DPRD I (Provincial) 17,510 in DPRD II (Regency/City) Total: 19.882 |
DPRD I political groups | |
DPRD II political groups | |
| Elections | |
DPRD Ivoting system | Open listproportional representation |
DPRD IIvoting system | Open listproportional representation |
Last DPRD I election | 14 February 2024 |
Last DPRD II election | 14 February 2024 |
Next DPRD I election | 2029 |
Next DPRD II election | 2029 |
InIndonesia, aRegional House of Representatives (Indonesian:Dewan Perwakilan Rakyat Daerah,Indonesian pronunciation:[ˌdewanpərwaˌkilanˈraʔjatda'erah],lit. 'Regional People's Representative Council',abbr.DPRD,Indonesian:[de'peɛrde]) is the unicameral[1] legislative body of an Indonesiannational subdivision, at either theprovincial (DPRD I) or at theregency/city (DPRD II) level. They are based on the amendedConstitution of Indonesia, which mandated the creation of such bodies for local governance. The legislatures are present in all Indonesian provinces, and all second-level subdivisions except for theconstituent municipalities of Jakarta.[2]
InAceh, the provincial legislature is named theAceh House of Representatives (Indonesian:Dewan Perwakilan Rakyat Aceh,DPRA), while municipal legislatures are referred to as either City House of Representatives or Regency House of Representatives (Indonesian:Dewan Perwakilan Rakyat Kota,Indonesian:Dewan Perwakilan Rakyat Kabupaten,DPRK(last letter of city/regency)). The different names were set by Law 11 of 2006 on Acehnese government.[3] Provinces inWestern New Guinea similarly do not include the wordDaerah (Regional) in their provincial legislatures and prefer to add the last letter of the province/city/regency for the abbreviation, as regulated by Law 21 of 2001 on Papuan Special Autonomy.[4]
During theDutch colonial period, the colonial government in Indonesia established a number of village and city councils with elected members.[5] The originalConstitution of Indonesia, written in 1945, did not include specific provisions for DPRD, deferring local government to later laws.[6] Shortly after theproclamation of Indonesian independence in August 1945, ad-hoc regional committees would be established at the instigation of the nationalCentral Indonesian National Committee.[7] In 1948, the government enacted the Law No. 22 of 1948, which mandated the form of local governments which included Regional Houses of Representatives with elected members and had the authority to elect members of a Regional Leadership Council, which included the regional leader.[8] Government regulations No. 36 and 39 in 1950 initially arranged the election process for DPRD, until superseded by the Law No. 19 of 1956.[9]
Local legislatures were established in the early 1950s, although they were replaced by transitional DPRD in 1956.Elections were held in 1957 and 1958 to elect members of DPRD at provincial and municipal levels.[10] The next election for DPRD members would be underSuharto in1971, simultaneous with legislative elections for the nationalHouse of Representatives (DPR).[11] DPRDs maintained their legal authority to select regional leaders (i.e. governors, mayors, and regents) during theNew Order period.[12] However, due to the majority of DPRD members being members of the ruling partyGolkar, DPRD were generallyrubber stamp legislatures which wielded little actual power.[13]
Explicit mention of DPRD in the constitution (Art. 18, clause 3) would be added byamendment in theReformasi period.[6] Post-Suharto laws would provide more power to DPRD,[14] although the Law No. 32 of 2004 would remove DPRD authority to elect regional leaders, and instead established direct elections for governors, regents and mayors.[15]
DPRD powers are classified under Law No. 17 of 2014 as legislative, budgeting, and supervisory powers, which includes creating regional laws, approving budgets proposed by the regional heads (governos/mayors/regents), and monitoring the spending of funds.[16][17] Additionally, DPRD could propose the removal of a regional head to theMinistry of Home Affairs, and may declare impeachment of a regional head.[17][18] However, DPRD cannot remove regional heads from their positions, which remained the authority of theSupreme Court of Indonesia.[18]
All DPRD members must be elected as members of political parties.[19]
From the1971 election until2024, elections for DPRD were held simultaneously with those for the national legislature, theDPR.[11] However, following aConstitutional Court decision in 2025, starting from the 2029 election, DPRD elections will be held separately from the national legislative elections.[20]
Members are elected for five-year terms withoutterm limits.[21][22]. An exception applies for the elected members of the 2024-2029 period, whose term is extended until 2031 due to the new requirement of a 2-2.5 year gap between national elections and local elections.[23]
Since the2004 election, DPRD members have been elected through anopen listproportional representation system,[24] using theSainte-Laguë method to allocate seats since the2019 election.[25]
The nationalparliamentary threshold, used in elections to the DPR, does not apply to DPRD elections. Although the2014 election initially proposed a 3.5 percent threshold for both DPR and DPRD, theConstitutional Court of Indonesia struck down the threshold for DPRDs in 2013, limiting it to DPR elections only.[26]
TheIndonesian electoral law of 2017 sets the number of DPRD seats according to the population of each region, as defined in the ranges below:
| Provincial / DPRD I[27]:Art. 188 | Regency/City / DPRD II[27]:Art. 191 | ||
|---|---|---|---|
| Population | DPRD Seats | Population | DPRD Seats |
| <1 million | 35 | <100 thousand | 20 |
| 1-3 million | 45 | 100-200 thousand | 25 |
| 3-5 million | 55 | 200-300 thousand | 30 |
| 5-7 million | 65 | 300-400 thousand | 35 |
| 7-9 million | 75 | 400-500 thousand | 40 |
| 9-11 million | 85 | 500 thousand-1 million | 45 |
| 11-20 million | 100 | 1-3 million | 50 |
| >20 million | 120 | >3 million | 55 |
The seats are also distributed in electoral districts with 3-12 members each. The law requires these electoral districts to follow the administrative borders of regencies/cities (provincial) or districts (regency/city) if possible, though partition of a subdivision into multiple districts is allowed if not possible otherwise.[28][27]:Art. 187,189,192 In total, the 2017 law mandated 2,372 seats in DPRD I and 17,510 in DPRD II for the2024 election.[29] Exceptions to the above are DPRD I ofAceh andJakarta, which has 81 and 106 seats allocated, respectively.[27]: p442, p451 Furthermore, DPRD in Western New Guinea allocates additional reserved seats for native Papuans numbering 25 percent of elected members. Members on the reserved seats are appointed by a council of government officials, academics, and tribal leaders.[30] These native Papuan members are not allowed to be members of political parties and must have not participated in the previous legislative election.[31]
Sitting DPRD members are required to resign their positions in order to run for a legislative position from a different party from their prior affiliation or any executive position, although members-elect who had not been sworn in are not required to do so.[32][33] If a sitting member resigned, died, or is otherwise removed, and has more than six months left in the term, a replacement is appointed to complete the term. The replacement is selected from the same political party, specifically, the legislative candidate who ran in the same electoral district and received the next highest vote count but did not qualify.[34]
The structure of DPRDs is defined by the Law 17 of 2014. All DPRD has a speaker and at least two deputy speakers, with three deputy speakers for legislatures numbering 45-84 and four deputy speakers for legislatures with 85 or more members.[35]:Art 327, 376 The speaker is selected from DPRD members from the political party with the most seats in the DPRD, or the party with more popular votes in the event of a tie. Deputy speakers are similarly selected from parties with the second-most, third-most, fourth-most, or fifth-most members/popular votes.[35]:Art 327, 376
DPRD members are divided into commissions which focus on specific issues. The number of commissions in a DPRD depends on its membership count, with three commissions for DPRD with 35 members or less, four for DPRD with 55 members or less, and five for DPRD with more than 55 members.[35]:Art 329, 378 All members are also part of aparliamentary group (fraksi), which are required to have at least as many members as the corresponding DPRD has commissions. Afraksi may comprise multiple political parties, but all legislators of the same political party must remain within the samefraksi.[35]:Art 329, 378
