Legislative Function of the House of Representatives of the Republic of Indonesia in the Transition Period of Lame Duck Session Perspective of Maslahah Mursalah

Abstract

The period where the change of leadership from the parliament and active officials to the newly elected officials, basically creates a time gap between the day of determining the election results and the day of inauguration of elected officials, this period is known as the lame duck period. This period is often used by officials and members of parliament to complete their work at the end of their term of office, so that sometimes the regulations and policies issued are not a few that get public rejection. This research discusses several things, namely the legislative function of the DPR during the lame duck period in the perspective of maslahah mursalah, and the urgency of regulating the lame duck session in the Indonesian legal system. This research uses normative juridical research method by using statute approach, comparative approach, and conceptual approach. Sources of legal materials (primary, secondary, and tertiary) were collected by literature study and analyzed in a qualitative juridical manner. The results of the study are first, looking at the legislative function of the DPR during the lame duck period, which found that the DPR's legislative activities and achievements increased at the end of their term. This can be seen from the DPR's legislative activities in 2014 and 2019, where the number of bills that entered the National Legislation Program was more than the previous year and most of the laws passed were during the lame duck period. Second, from the perspective of maslahah mursalah, the lame duck session, if utilized wisely, can be a tool for change in a short period of time. Based on this review, Indonesia needs restrictions in the submission of the national legislation mechanism by not allowing the production of laws during the lame duck session.