In the practice of regional governance in Indonesia, the legislative function of the Regional House of Representatives (DPRD) is intended to be a cornerstone of local democracy. However, in Simalungun Regency (2019–2024), this function has been characterized by a significant dominance of the executive branch in proposing regulations. Data from the DPRD Simalungun Secretariat reveals a stark imbalance: for instance, in 2024, all 11 draft regional regulations (Ranperda) originated solely from the regional government, with zero initiatives from the DPRD. This executive dominance is compounded by a persistent backlog of draft papers and recurring failures to reach a quorum during critical deliberations.
A notable instance of these institutional hurdles occurred in late 2022, when the DPRD was forced to postpone deliberations on eight Ranperda—including the Draft Regulation on Industrial Development Planning—due to the absence of members. Similarly, the evaluation of the 2024 Regional Budget (APBD) was delayed multiple times in early 2024 because the Budget Committee (Banggar) failed to reach a quorum. While existing literature has explored the general functions of the DPRD, there is a distinct research gap regarding why executive dominance and quorum instability remain persistent in regions with the specific political dynamics of Simalungun. This study aims to fill that gap by analyzing the legislative productivity of the 2019–2024 period, focusing on the structural and behavioral constraints that hinder the DPRD’s right of initiative
The DPRD carries out several key functions within regional governance. 1) In the legislative function, the DPRD exercises its authority by formulating Regional Regulations (Peraturan Daerah/Perda) together with the head of the region, ensuring that local policies reflect both regulatory needs and public interests. 2) In the budgeting function, the DPRD uses its authority to discuss and approve the Regional Revenue and Expenditure Budget (Rancangan Anggaran Pendapatan dan Belanja Daerah/RAPBD) in collaboration with the regional head, thereby determining the allocation of financial resources for development priorities. 3) In the oversight function, the DPRD monitors the implementation of Regional Regulations and the Regional Budget to ensure accountability, transparency, and alignment with established policies.
As a legislative institution, the DPRD fulfills its legislative function pursuant to Law No. 17 of 2014, which mandates the preparation of Regional Regulations in collaboration with the head of the region. Through this legislative process, the DPRD is responsible for enacting, revising, and repealing regional regulations that provide the legal framework governing local society. One of the rights vested in the DPRD is the right of initiative to propose draft regulations (Rancangan Peraturan Daerah/Ranperda) as well as to amend existing ones. The DPRD also has the authority to revise or revoke existing regulations deemed irrelevant or inconsistent with contemporary developments and societal needs (Sihombing, 2021).
In drafting regulations, the DPRD must adapt to the specific needs and characteristics of the region. Each locality has its own unique features, challenges, and potentials; thus, regulations must account for the particular conditions of the local community. Although the drafting of Regional Regulations formally falls under the authority of the DPRD, the opinions and approval of the head of the region often play a decisive role, as the head possesses in-depth knowledge of local needs and circumstances. Their involvement ensures that regulations are consistent with the vision and policies of the regional government.
The process of drafting Regional Regulations consists of several structured stages. 1) In the preparation stage, drafting may originate either from the DPRD or the regional government as an initiative proposal. Draft regulations submitted by either party are first presented and deliberated in a DPRD plenary session to obtain initial approval. At this stage, the urgency, relevance, and substance of the draft are carefully assessed. The process also includes the preparation of supporting documents such as the initiative draft, academic manuscript, and legal draft to ensure a strong conceptual and juridical foundation. 2) In the deliberation and approval stage, once initial approval is granted, the DPRD establishes a special committee or assigns a commission to conduct a more in-depth examination of the draft regulation. This stage involves consultations and discussions with various stakeholders, including academics, legal experts, and community representatives, to refine the substance of the regulation. 3) In the ratification and promulgation stage, the revised draft is submitted again to the DPRD plenary session for final approval. After being ratified, the regulation is forwarded to the head of the region for formal enactment and promulgation by the regional secretary (Sinaga, 2005).
In the practical implementation of the regulatory process, numerous challenges often arise, which hinder the timely completion of draft regulations. Simalungun Regency, which is the focus of this research, also experiences such obstacles in the formulation of its regional regulations. Based on an interview with the Secretariat of the DPRD Simalungun, the exercise of the right of initiative in Simalungun has been notably limited. In 2019, of the 14 draft regulations included in the Regional Legislative Program (Propemda), 13 originated from the regional government and only 1 from the DPRD. In 2020, 11 draft regulations were proposed, of which 10 came from the regional government and 1 from the DPRD initiative.
In 2021, there were 20 draft regulations, with 19 proposed by the regional government and only 1 by the DPRD. In 2022, 18 draft regulations were recorded, 16 of which were proposed by the regional government and 2 by the DPRD. In 2023, of the 9 draft regulations, 8 originated from the regional government and only 1 from the DPRD. Finally, in 2024, all 11 draft regulations were proposed solely by the regional government of Simalungun. These figures clearly illustrate the minimal exercise of the DPRD’s right of initiative, with the process being largely dominated by the executive branch.
As reported by Hetanews, in 2022 the DPRD of Simalungun Regency postponed deliberations on eight draft regulations. Among those postponed were the Draft Regulation on Industrial Development Planning and the Draft Regulation on the Implementation of the Employment Social Security Program. This postponement reflects the dynamics of local legislative processes, which may be influenced by various factors. Nevertheless, all eight draft regulations were eventually completed on November 15, 2022. Regarding the Draft Regulation on the Implementation of the Employment Social Security Program, the DPRD responded to the Regent’s remarks by emphasizing that every citizen should be guaranteed a decent standard of living in cases of illness, accident, old age, or retirement, where income is lost or reduced. (Hetanews.com, 2022).
As cited from Mistar.id, the Budget Committee (Badan Anggaran/Banggar) of the DPRD Simalungun had not rescheduled the discussion of the evaluation results of the 2024 Regional Budget (APBD), despite the draft having been approved by the Governor of North Sumatra. The deliberation was originally scheduled for January 2024 but was postponed due to the absence of Banggar members, resulting in a lack of quorum, even after several adjournments. This situation illustrates the challenges faced by the DPRD in fulfilling its legislative and budgetary functions, which are vital for ensuring the effective operation of regional governance. (Mistar.id, 2024).
From the foregoing issues, it can be concluded that the DPRD of Simalungun Regency has not fully optimized its role, particularly in carrying out its legislative function as stipulated in Law No. 17 of 2014 on the MPR, DPR, DPD, and DPRD. The delays in drafting regulations demonstrate deficiencies in the legislative process, which should be one of the DPRD’s core functions.
When draft regulations are not completed in a timely manner, essential policies to support development and public welfare cannot be implemented promptly. Furthermore, the postponement of budget discussions due to lack of quorum indicates shortcomings in discipline and commitment among DPRD members. The repeated adjournments of Banggar meetings due to insufficient attendance reflect inefficiency in time management and low levels of participation in crucial sessions. If budget evaluation and ratification are delayed, the implementation of programs and projects will also be disrupted, ultimately affecting legislative, budgetary, and oversight processes.
The DPRD of Simalungun Regency for the 2019–2024 period has therefore been assessed as less than optimal in executing its legislative role. This function constitutes one of the main pillars of regional governance, guiding local policy directions to align with community needs while ensuring transparency and democratic accountability. The DPRD has been considered less productive, as indicated by the limited number of draft regulations originating from its own initiative.
In light of this context, the author has chosen the research topic: “The Role of the DPRD in the Process of Formulating Regional Regulations (A Study on the Legislative Function of the Regional House of Representatives of Simalungun Regency for the 2019–2024 Period).” This study focuses on examining the role and legislative function of the DPRD in the formulation of Regional Regulations during the 2019–2024 period in Simalungun Regency. Specifically, this research highlights two out of the eight draft regulations that were postponed in 2022: the Draft Regulation on the Implementation of the Employment Social Security Program and the Draft Regulation on the Industrial Development Plan of Simalungun Regency for 2022–2042.

This study utilizes a qualitative research method with a descriptive approach to provide a detailed illustration of the legislative phenomena in Simalungun Regency. Primary data were gathered through semi-structured interviews with some key informants, including leadership figures of the DPRD, members of the Regional Regulation Formation Board (Bapemperda), and the DPRD Secretariat staff. Informants were selected using purposive sampling to ensure they possessed direct authority and experience regarding the legislative process.
The data analysis procedure followed a systematic coding and categorization logic to ensure clarity and validity of findings. 1) In the data reduction stage, interview transcripts and official documents, including the 2019–2024 Propemda reports, were carefully reviewed and filtered to retain only relevant information related to the research objectives. This step aimed to simplify the dataset while maintaining essential insights. 2) In the thematic categorization stage, the reduced data were organized into key analytical themes, such as “Technical Drafting Constraints,” “Human Resource Limitations,” and “Political Quorum Dynamics,” allowing patterns and relationships to be identified more clearly. 3) In the triangulation stage, findings derived from interviews were cross-checked with supporting sources, including official attendance records and media reports from Hetanews.com and Mistar.id, to validate the accuracy of timelines related to session delays and the number of initiated Ranperda.

3.1. The Role and Function of the DPRD in the Formulation of Regional Regulations
DPRD constitutes one of the key elements of regional governance, holding a strategic function in the process of formulating regional regulations. The DPRD exercises its legislative function jointly with the regional head, as stipulated in Article 18 paragraph (6) of the 1945 Constitution of the Republic of Indonesia. In this context, the DPRD is vested with the authority to formulate Peraturan Daerah/Perda aimed at regulating various aspects of community life at the regional level, based on the principles of autonomy and co-administration.
The role of the DPRD in the formulation of regional regulations encompasses several crucial stages, ranging from the initiation of draft regulations Rancangan Peraturan Daerah/Ranperda, deliberation of their substance together with the regional head, to their approval and enactment as Perda. The DPRD may submit draft regulations based on its right of initiative, either individually by members, through commissions, joint commissions, or other legislative instruments. Draft regulations initiated by the DPRD generally reflect the aspirations of the community and address legal needs that have not been accommodated by existing regulations (M. R. Syuaib, 2020).
The DPRD of Simalungun Regency actively performs its legislative function through the establishment of various Perda that provide the legal foundation for regional governance. In recent years, the DPRD has not only ratified draft regulations proposed by the executive but has also initiated several draft regulations responding to local community needs. This process is carried out through joint deliberations, the formation of special committees (pansus), as well as the organization of public hearings and consultations. However, as acknowledged by Mr. Maraden Sinaga, a member of the DPRD of Simalungun Regency, the number of draft regulations initiated by the DPRD remains significantly lower compared to those proposed by the executive. This condition demonstrates that despite having the right of initiative, its exercise continues to face challenges, whether in terms of institutional capacity, administrative support, or internal political dynamics within the DPRD itself.
Beyond its right of initiation, the DPRD also plays an active role in deliberating draft regulations submitted by the executive. At this stage, the DPRD does not merely engage in technical discussions but also exercises its representative function by considering community interests through participatory mechanisms such as public hearings and consultations. Deliberations are carried out comprehensively, encompassing juridical, philosophical, and sociological aspects to ensure that the substance of draft regulations aligns with regional needs and does not conflict with higher-level laws.
Once a Perda is enacted, the DPRD’s role does not end with legislation alone but extends to its oversight function in monitoring the implementation of the Perda by the regional government. The DPRD is obliged to conduct evaluations and monitoring to ensure that the Perda is implemented in accordance with its provisions. Thus, the DPRD not only serves as a law-making institution but also as a supervisory body safeguarding the effectiveness of regulation implementation, thereby contributing to transparent, participatory, and accountable regional governance.
The legislative function embodies the authority of legislative institutions to enact laws and regulations governing state and community life. This function reflects the will of the people and forms part of a democratic legal system. In Indonesia, this function is performed by both the national legislature (DPR) and local legislatures (DPRD), including the formulation and enactment of regional regulations at the local level such as in Simalungun Regency. As provided in Article 149 paragraph (1) of Law No. 23 of 2014, the DPRD formulates regional regulations in conjunction with the regional head. The legislative function is measured through indicators such as the exercise of the right of initiative, the enactment of regional regulations, and the ratification of the Regional Revenue and Expenditure Budget (APBD) . At a minimum, the legislative function of the DPRD can be assessed from the number and quality of regional regulations produced within a five-year term. (Kasim, 2023).
Regional Regulations constitute an important source of law within the national legal system, playing a strategic role in determining the direction of regional development and governance. Through Perda, legal foundations and normative boundaries are established to regulate how regional governance is to be conducted. (Syuaib, 2020).
Legislation produced jointly by the legislative and executive can generally be classified into two categories: routine regulations, such as the ratification of the APBD, its amendments, and accountability reports; and incidental regulations, which include other regulations issued by the regional head in response to specific or situational needs. The legislative scope of the DPRD lies in the formulation of Perda, whereas regulations and decisions issued by the regional head fall under the executive’s authority as an elaboration of existing Perda.
In practice, draft regulations initiated by the DPRD typically reflect community aspirations gathered through recesses, public hearings, or field visits. By contrast, draft regulations proposed by the regional head are generally related to administrative and technical governance needs. These two sources complement one another in the local legislative process, which ideally should not merely focus on quantitative targets but also ensure substantive quality and public benefit.
Within the broader framework of legislative development, the role of the DPRD also extends to overseeing the implementation of Perda once enacted. This indicates that the legislative function is inherently interconnected with the DPRD’s oversight role over the conduct of regional governance. The DPRD is therefore required not only to possess legislative expertise but also to demonstrate the ability to foster effective communication with communities and stakeholders.
The DPRD of Simalungun Regency has exercised its legislative function as the regional legislative body through its authority to propose, deliberate, and ratify draft regulations in collaboration with the regional head. Draft regulations initiated by the DPRD are usually based on community aspirations that reflect unmet legal needs. The DPRD has also engaged the community through participatory mechanisms such as public hearings and consultations as part of its representative role.
Nevertheless, in Simalungun Regency, the number of draft regulations originating from the DPRD’s initiative remains fewer than those proposed by the executive. Interviews with DPRD members revealed that this situation is often attributed to community conditions, indicating a tendency of the DPRD to act more passively and reactively in exercising its legislative role. As a representative body, however, the DPRD should play a more proactive role in formulating regulations that reflect the needs and aspirations of the people. Limited efforts to gather community aspirations through recesses, public dialogues, or discussion forums highlight the weakness of the DPRD’s representative function. Moreover, the dominance of the executive in initiating draft regulations suggests an imbalance between the legislative and executive roles in the regulatory process. This finding also reflects possible constraints such as limited technical capacity, inadequate expert support, or insufficient political commitment among DPRD members to fully optimize their legislative function. Overall, this condition illustrates that the legislative function of the DPRD of Simalungun Regency has not yet been maximized and requires improvement in terms of both initiative and substantive engagement in the legislative process. (Widoyo and Suharto, 2017).
This phenomenon reflects the existence of structural and functional factors influencing the weakness of the DPRD’s legislative role. The limited number of DPRD-initiated draft regulations not only demonstrates reliance on the executive’s agenda but also reveals internal challenges within the institution itself, such as legislators’ limited capacity to independently draft academic manuscripts and legal drafts. Furthermore, the process of gathering community aspirations—ideally the primary source for drafting regulations—appears to be suboptimal, resulting in legislation that does not always originate from actual grassroots needs. Recess activities, which should serve as a strategic instrument for absorbing public aspirations, have not been fully utilized as a basis for legislation. Additionally, weak technical support and limited collaboration between the DPRD and external actors such as academics, legal practitioners, and civil society organizations further hinder local legislative creativity. Therefore, the limited number of DPRD-initiated draft regulations in Simalungun Regency during this period cannot be separated from systemic issues involving individual capacity, institutional support, and weak internal political dynamics in driving a legislative agenda responsive to public needs.
Pursuant to Law No. 23 of 2014 on Regional Governance, the DPRD is authorized to supervise the implementation of regional regulations and the policies of the regional head, including oversight of the use of the Regional Revenue and Expenditure Budget (APBD). In Simalungun Regency, the exercise of this oversight function is carried out through various formal mechanisms. The DPRD’s legislative function is closely related to government activities financed by the regional budget. Each year, the DPRD conducts accountability sessions on reports submitted by the executive, particularly the Accountability Report (Laporan Keterangan Pertanggungjawaban/LKPJ) of the regional head. In this process, the DPRD establishes a special committee (pansus) to conduct in-depth deliberations on the report. Through this committee, the DPRD provides constructive evaluations and recommendations on the performance of the regional government.
The exercise of the legislative function in Simalungun Regency remains suboptimal, largely due to a reactive rather than proactive stance by the council members. Although the DPRD has ratified numerous regulations, their role in starting these regulations based on community goals is minimal. According to Mr. Maraden Sinaga, a member of the DPRD Simalungun, the scarcity of DPRD-initiated regulations is often attributed to limited institutional capacity and a lack of specialized technical knowledge in regulatory writing

3.2. The Process of Regional Regulation Formation
The formation of Perda is one of the legislative functions carried out by the Regional People’s Representative Council (DPRD) together with the regional head as part of the regional governance system. Perda serves as a legal instrument aimed at regulating and adapting public policies in accordance with local needs, community aspirations, as well as the geographical, social, and economic conditions of a region. Therefore, its formulation must adhere to the principles of democracy, participation, and transparency at every stage.
The stages of Perda formation involve a series of processes, beginning from drafting to enactment. This initial stage is crucial as it establishes the substance and direction of the regulation to be produced. The drafting of the Regional Regulation Bill (Ranperda) constitutes the first step that determines the quality and sustainability of a Perda. As will be further elaborated, the mechanism for drafting Ranperda involves specific actors and guiding principles within the local legislative process. A Ranperda may originate from two main sources: the executive (local government) and DPRD initiatives.
The process of forming a DPRD-initiated Regional Regulation generally begins with a proposal stage, which may be submitted by DPRD members, either individually or across factions. Such proposals are usually based on the needs of the people, identified directly through recess activities or working visits to their respective constituencies. This process involves the Regional Regulation Formation Board (Bapemperda), which is tasked with selecting and reviewing Ranperda to be included in the Regional Legislative Program (Prolegda).
At the early stage, Bapemperda has the primary role of receiving, examining, reviewing, and preparing a priority list of Ranperda proposals to be incorporated into the Prolegda. The establishment of Prolegda is crucial to ensure well-planned and systematic legal development. Proposed Ranperda must meet several criteria, such as urgency, local legal needs, and relevance to public interests. During this stage, Bapemperda coordinates with various stakeholders, such as local agencies, academics, and civil society, to gather substantive input aligned with regional needs.
Once a Ranperda proposal is deemed feasible and accepted into the Prolegda, Bapemperda together with the executive form a special committee (Pansus) or working team to proceed with deeper discussions. At this stage, academic studies and academic manuscripts are prepared to strengthen the philosophical, juridical, and sociological foundations of the proposed Ranperda. A series of meetings are then conducted to harmonize legislative and executive interests, particularly concerning the formulation of norms, article structures, and key clauses of the regulation. When consensus is reached between DPRD and the local government, the Ranperda is submitted to a DPRD plenary session for final approval (Husain, A, 2019).
During the plenary session, all DPRD members deliver final factional views before proceeding to the decision-making process. If approved, the Ranperda is enacted as a Perda and subsequently promulgated in the Regional Gazette, thereby acquiring binding legal force and enforceability across stakeholders within the region. Thus, the formation of Regional Regulations is not merely a formal institutional mechanism but also a reflection of public participation and regional commitment in creating governance that is responsive to community aspirations.
A Ranperda that has been included in the Prolegda is then presented in the DPRD Plenary Session for further discussion. This session involves several stages, including the presentation of the academic manuscript, delivery of factional viewpoints, and inputs from DPRD members as well as other relevant parties. Following the plenary, the Ranperda undergoes more detailed discussion within the relevant commissions or DPRD special committees (Pansus). For example, in the DPRD Simalungun Plenary Session concerning the Ranperda on the Protection of Local Workers, debates arose among factions regarding the balance between investment and safeguarding the rights of local workers, particularly in the plantation and processing industries. Ranperda with budgetary implications, such as those involving local taxes or allocations for government programs, also engage the DPRD Budget Committee (Banggar). Banggar is responsible for ensuring that such Ranperda aligns with the regional financial capacity and does not contradict local fiscal policies. In Simalungun, Banggar plays a vital role in reviewing Ranperda concerning budget allocations—such as subsidies for small farmers—to ensure their feasibility without overburdening regional finances. They conduct analyses of revenue and expenditure projections before granting approval (Hartatik, 2019).
Ranperda approved at the DPRD level is subsequently forwarded to the Ministry of Home Affairs for evaluation. This evaluation aims to ensure that the established regulation does not conflict with national laws and does not strain regional finances. After incorporating inputs from the Ministry and undergoing further harmonization, the Ranperda is returned to the DPRD Plenary Session for final approval. At this stage, DPRD conducts a voting process to determine whether the Ranperda can be ratified as a Perda. Once approved by DPRD, the Ranperda is submitted to the Regent for final endorsement and enactment. Upon signing by the Regent, the Ranperda officially becomes a Perda with full legal force in Simalungun Regency.
As discussed in the background section, there were eight Ranperda in Simalungun Regency left pending in 2022. Among these were the DPRD-initiated Ranperda on the Implementation of the Employment Social Security Program and the Ranperda on Industrial Development Planning. Based on the research findings, on November 11, 2022, a DPRD plenary session scheduled to deliberate factional opinions on these eight Ranperda failed to take place. This was due to the lack of quorum, as only 30 members attended out of the total 50, falling short of the 34 members required. The delay in deliberating these eight Ranperda was caused by both time constraints and the failure to meet quorum. As is known, the deadline for deliberating the Regional Revenue and Expenditure Budget (RAPBD) is set at September 30. However, the session on that date also failed to meet quorum, preventing any decision-making regarding the RAPBD. Consequently, the follow-up session to discuss the RAPBD was rescheduled for November 11, 2022, to coincide with the deliberation of the eight Ranperda. Unfortunately, the November 11 session once again failed to meet quorum, resulting in another delay. The deliberations finally resumed on November 15, after the completion of the RAPBD discussion. Following several delays due to quorum issues, the eight Ranperda were ultimately approved and enacted during the final plenary session on November 15, 2022.
In DPRD plenary sessions, member attendance is a crucial aspect regulated through quorum requirements, as the validity of decisions depends heavily on the minimum number of members present with voting rights. This quorum is essential to ensure that decisions reflect legitimacy and adequate representation. In practice, quorum requirements for decision-making sessions in DPRD Simalungun follow the general rule: attendance by at least half of the total members plus one. In non-decision sessions, however, DPRD Simalungun typically maintains around two-thirds attendance, or approximately 34 members, to preserve legitimacy and representation in deliberations. Persistent absenteeism among council members often leads to ineffective sessions, hampering decision-making that requires majority presence. This condition highlights the lack of discipline and commitment among DPRD members in carrying out their mandate as representatives of the people (Primasari, 2025).
The "right of initiative" is frequently bypassed because members lack the expert support needed to independently draft complex academic manuscripts. Furthermore, the political commitment to attend plenary sessions is a significant barrier. For example, on November 11, 2022, a session to deliberate eight crucial Ranperda failed because only 30 out of 50 members attended, falling short of the required 34-member quorum. This lack of discipline directly contributes to the backlog of essential policies, such as the Employment Social Security Program, which was delayed until a final makeup session on November 15, 2022.

The Simalungun Regency's Regional People's Representative Council (DPRD) has not yet carried out its legislative duties to the fullest extent possible between 2019 and 2024. A number of challenges were faced, such as inadequate technical knowledge of regulatory writing, a lack of both quantity and quality human resources, and inadequate coordination procedures with the executive branch and other stakeholders. The poor level of legislative productivity has been caused by these circumstances, especially when it comes to initiatives that come straight from DPRD. However, as part of its duties within the regional governance structure, DPRD Simalungun has shown some dedication to fulfilling its legislative role. The government has recommended most of the Draft Regional Regulations (Ranperda) instead of the DPRD, which should ideally be more involved in starting regulations based on community goals. As a policymaking body that should be more responsive and aggressive in addressing the dynamics of public needs at the local level, this condition indicates the DPRD's weak legislative initiative. The legislative process has been able to proceed smoothly and in compliance with established processes because of the relatively amicable and congenial collaboration between DPRD and the Regional Government in the creation of Regional Regulations. This kind of cooperation serves as a crucial basis for creating regional regulations that are both practical and successful.