ACCOUNTABILITY OF THE REGIONAL HOUSE OF REPRESENTATIVES (DPRK) IN DEVELOPMENT OF LOCAL LEGISLATION PROGRAM

This study aims to analyse and final the ideal legal design of the accountability concept to legislative organ in particular Regional House of Representatives (DPRK). One of The authority of DPRK is stated in Article 24 paragraph (1) of Law Number 11 of 2006 on the Government of Aceh states that: "DPRK has the duty and authority to form district/city qanuns which are discussed with the regents/mayors for mutual approval". In that law, that has not been formulated specific forms of accountability of the legislative organ. In genuine, when the DPRK has not carried out its duties and functions effectively in the field of legislation, there has no legal consequences can be given. This research uses normative legal research with statutory and conceptual approach. The outcomes of this study indicate that, the concept of legislative accountability relates to two aspects, that is political and managerial accountability. This accountability should have electoral implications on the performance of the DPRK in carrying out its functions in the field of legislation. The implementation of legislative accountability on the performance of DPRK in the field of legislation has legal and political consequences.


INTRODUCTION
In the context of state administration, legal responsibility are not only addressed to the people as the subject of legal arrangements in realizing order.
This responsibility also applies to state administrators in relation to the implementation of their duties and functions. The state administrators in question are the divisions of power within the state, namely the executive, legislative and judiciary along with other institutions, including bodies in the regions (Asshiddiqie, 2006).
One of these institution is the legislative organ that exercises legislative power to legislate the laws. At the regional level, it is called DPRD and DPRK. In performing their duties and functions, their has three functions which are budgeting, legislation, and controling. Each of these functions must be carried out continuously and become a benchmark for the implementation of the performance of the legislative organ.
In addition, each DPRK member also has various rights such as the rights of interpellation; questionnaire; express opinion; submitting proposals for qanun drafting; asking question; opinions; protocol generator; financial and administrative; choose and to be chosen; self-defense; immunity, and participate in task orientation and deepening.
The rights that to part from provided by law so that each member can carry out their duties and functions effectively without any obstacles. The implementation of legal responsibility is related to the giving of sanctions, because when an obligation is not carried out, there is a sanction that must be given. In the context of implementing DPRK legislative function, there are various legal obligations have been regulated by the DPRK, including the field of legislation and sanctions if these obligations are not implemented.
Each duty has been regulated in the provisions of the norm is a necessity that must be implemented. One of the responsibility DPRK members is given to responsibility for their duties and performance as a form of moral and political responsibility towards the region and voters. The responsibility for its duties and performance is related to the implementation of three main functions, namely the legislative function, the budget function and the supervisory function. So each member of the DPRK must be responsible for the implementation of these three functions to the region and also the community, one of which is in the implementation of the legislative function.
C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022 Whether, legislative function that DPRD is legally authorized to drafting regional regulations teamwise with the regents/mayors (Manan, 2001).
Formulation of the local regulation implemented through the preparation of local legislative program (Prolek). The program is a connecting process that include a legal design that always consistent with the objectives, the underlying legal ideals, and accordance with the direction of regional development. (Effendi & Sofyan, 2020).
Article 24 paragraph (1) of Law Number 11 of 2006 on the Government of Aceh states that: "DPRK has the duty and authority to form district/city qanuns which are discussed with the regents/mayors for mutual approval". The process of drafting the law through the legislative function of the DPRD reflects the political configuration and interests of the local community, as well as the implementation of legal policies in order to realize the interest of the community.
The legislative function must be always in democratic approach as a representation of the society it represents (Fajriyah, 2016). The formulation of local regulations is a manifestation of the authority to local government on rights and duty implementation (Sihombing, 2016 Banda Aceh and Nagan Raya are two regions that form a local legislation program annually. The implementation of the legislative function through Prolek of Banda Aceh and Nagan Raya has not implement properly. This could happeed due to the lack performance of DPRK members in the field of legislation. Regional executive role in the legislative process is mainly dominant than the legislative which conceptually has a legislative function (Purnama, 2008).
It is known that some of the qanun draft (known as raqan) contained in the Prolek were submitted from the executive. Based on these problems, the focus of this study is to analyze the concept of legislative accountability in the field of legislation.
C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022

RESEARCH METHOD
This study uses normative legal research which examine law as a norm or rule as the standard of truth for every person to obey the rules in accordance with the value of the truth. (Effendi & Ibrahim, 2018). In normative legal reseach, this approach is used statute approach and conceptual approach. In the reseach, primer data conclude from legal materials. Primary data collected through interviews from he respondent and informant who are associates with this research. Data analysis was carried out thoroughly and holistically. The legal material was collected and analyzed with descriptive, comparative and evaluative method. The descriptive analysis is carried out by describing the legal situation in an organized, systematic, logical, non-overlapping and effective sentence as to facilitate discussion, understanding and interpretation.

1) The Accountability Concept of State Organizers
In state organizers, accountability is a term that commonly used as a form of responsibility in the implementation of the duties and functions of state organizers. Webster Dictionary defines accountability as "the quality or state of being accountable; an obligation or willingness to accept responsibility for an actions" (Hamid, 2010). So the responsibility of the state organizers controlled by the public in the organizer of good governance which called the principle of accountability. Public supervision in government organizers through the principle of accountability is an inevitability to realize the rule of law. Husghes stated that "government organizations are created by the public, for the public and need to be accountable to it" (Prastyaningsih, 2011).
Besides that, Miriam Budiarjo said accountability as the responsibility of the party given the mandate to govern to the people who offered the mandate, so it created supervision through the distribution of power at various government C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022 agencies that reduce the absolutism of power and create a mechanism of mutual observing (Budiarjo, 1998).
According to Keohane, the term accountability is divided into two, namely internal accountability and external accountability. Internal accountability has given to two parties, namely those who give authority to the government and those who provide financial support. The external accountability is accountability to those who in routine are the target or victims of policies stated by the government (Keohane, 2002).
In the distribution of power at the level of executive, legislative, and judicative, the division affects the concept of accountability of these three powers that have their own characteristics. The accountability of executive institutions relates to the responsibility of state operatives who carry out executive functions to carry out their duties and functions as stipulated in the laws and regulations.
The responsibility is legal consequences of a welfare state that gives a considerable role to the state in organizing welfare.
In relation to the judicial accountability, Garreth Giffith believes that there are three things that characterize the accountability of the judiciary, which are responsibility for exercise the power of authority, restrictions in the exercise of authority, sanctions against abuse of power (Prasetyaningsih, 2011). The accountability of the judicial is also related to the establishment of an independent and free justice system from the influence of any power. An indicator of achieving judicial accountability is when the justice system works by transparant mechanisms and upholds the values of justice.
Moreover, legislative accountability has a more political aspect. This is in accordance with the Democracy Index, which makes the role of the DPR as one of the indicators for evaluating the democracy index (Junaenah, 2013). In the legal drafting accountability of state administrators explained that legislative accountability is related to two aspects, known as political and managerial accountability.
C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. The accountability of the performance representative institutions in the aspect of political accountability which can be recognized by disclosing the implementation of responsibilities and performance achievements. Performance accountability includes accountability for the implementation of the duties and functions of the institution as well as work performance that has been achieved within a certain period.
The accountability of the performance of representative institutions must be carried out by the institution to the public and other institutions periodically. The imposition of sanctions for non-fulfillment of the performance accountability mechanism is regulated by statutory regulations and other applicable laws and principles within the people's representative institutions.
The concept of accountability of powers in the country has different aspeects according to its characteristics and functions. Executive accountability has achieved when government agendas can be realized by not ignoring legal principles and norms as the ideal basis for achieving impartial development. The Judicial accountability has ability to prevent the unlawful use of political power.
Judges also contribute to government accountability by demanding holders of power to demonstrate and justify their actions and through political sanctions, when they exceed their authority as referred to in the constitution (Prasetyaningsih, 2011).

2) The Implementation of DPRK Accountability of Legislation Function
The responsibility according to Hans Kelsen was originally a specific moral concept relating to the individual with regard to orders and prohibitions (Asshiddiqie &Safa 'at, 2006). The function of law in comprehending order, with the characteristics of norms as a necessity that contains about orders and prohibitions, the law has a close correlation with obligations, and arsing the term legal obligation. The concept of legal responsibility is an important part of the legal norm. Hans Kelsen stated that the legal norm as a legal obligation since every norm contains legal norms (Asshiddiqie &Safa'at, 2006). C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022 (Hartanto, 2015).
The application of the duties and functions of state institutions, especially the DPRK, there is a benchmark that should govern the success of its performance both in the field of legislation, budgeting and supervision. In the field of legislation, that performance is part of the legal obligation for each member of the DPRK personally and institutionally .
The legal obligations of DPRK members in the field of legislation also strongly related to legal awareness. Legal awareness becomes a basic aspect of the politics of legislation. Legal awareness is an awareness of the values contained societies, about existing laws or about the law that is expected to exist (Hartanto, 2015). The formation of the law has interactions with legal awareness that becomes the exclusive source of the law. Legal awareness is always associated with the process of applying the law with the community as an object that is required to have awareness to behave in accordance with the will of the legal norms. Whereas, the most important legal awareness is in the state, in this case the legislator who performs the function as a legislator. once in every 5 (five) years is not adequate to produce regional legislators who have good integrities and ethical values (Handoyo, 2008).
This is a fact that members of regional legislatures do not have concern for their responsibilities as people's trust holders and their functions are so central in ensuring the achievement of the people's interests in every policy taken by the executive, including the legal drafting (Handoyo, 2008).
This reality occurs because the election process is carried out pragmatically.
Political parties that are instruments for nominating regional legislators do not conduct a strict selection of legislative candidates who run for office. The considerations of political parties in carrying out regional legislative candidates are more pragmatic considerations such as political capital (money), family background and loyalty to party interests. (Haris, 2016). This condition results in the elected DPRD members not having a preference for performance and targets to be achieved while serving as members.
The high political cost of gaining legislative seats in the region led most of those legislators to focus on efforts to return the capital they spent to win the electoral contestation (CNN Indonesia, 2021).
This condition generally occurs in the regions, so it is surprising that many that are decent from the public. individuals, communities and institutions (Hernawan, 2004).
Basically every legal obligation and responsibility must be carried out, because of the determination of the legal norms that generate these responsibilities and obligations. In carrying out the responsibilities and obligations as well as the authority given to government organs, it requires them to carry out these responsibilities and obligations.
This is related to the achievement of good governance and clean governance as outlined in the general principles of good governance (AUPB). According to Utrecht, the development of the duties and responsibilities of government in a modern state gave rise to the idea of general principles of good governance that must be considered by state administrators, especially to those who are also authorized based on discretion (Kusdarini, 2017). The Banda Aceh DPRK is better than the DPRK Nagan Raya Regency in terms of the proposed raqan initiative. In the 2020 regional legislation program, the DPRK Banda Aceh has DPR proposed 5 (five) Raqan, namely: C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022  According to Jimly Asshiddiqie, there are two accountability concepts, namely personal accountability and institutional accountability. If a member of C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022 if a member of the legislature in carrying out his duties and authorities commits a violation of the law, then the implementation of the action can be personally accounted for. (Ashiddiqie, 2012).
The performance relations between regional legislators and the publics as their constituents must also be based on the concept of responsibility. According to Cooper, the concept of responsibility is based on the idea that state institutions based on the provisions and procedures established by law must provide responsiveness to the community and citizens for everything they have done. (Hernawan, 2004).
Basically, there are two forms of responsibility, namely accountability and obligation. Accountability is related to responsiveness within a person or collective body, while obligation is responsibility for certain tasks in achieving goals. Accountability can be seen as a means or means to ensure the fulfillment of obligations in a certain hierarchical structure. Accountability basically means that there is a vertical relationship and the implementation of top-down authority to maintain the work system towards achieving goals (Hernawan, 2004 The DPRK organ also lack of concrete measures and standards regarding the performance of each member in the legislative, budgetary and supervisory functions. In the absence of standards and measures for the performance of DPRK members, there is no willingness and preference to achieve certain goals. This is also because the community as a constituent does not set a standard of C u s t o m a r y A p p r o a c h A n d R u l e O f L a w B y P a n g l i m a L a o t I n R e s o l v i n g F i s h e r m e n ' s D i s p u t e I n A c e h Kanun Jurnal Ilmu Hukum Muhammad Nasir, Hasan Basri, Ferdy Saputra Vol. 24, No. 1, (April, 2022 This situation certainly does not burden every member of the legislature to continue to improve their work standards for the benefit of the people. Functionalist ethics according to Thomson will offer a functional foundation for legislators in carrying out their duties and functions (Yunus, 2014). Ethics will construct the nature of the duties and functions of legislative members as representatives of the people, so that the attitude of action will raise individual awareness of each member and collectively their institutional responsibilities. In the end, this awareness will lead to the achievement of good governance and clean governance for institutions.
Rationalist ethics is a rational basis for realizing legislators that they must serve fundamental political principles, such as justice, freedom, or the common good (bonum commune). Based on the rationalist ethical approach, legislators are prohibited from enriching themselves by law, either in the name of personal interests, factions, or parties. When members of the council have sat in parliament, their superiors are no longer party, or party officials, but the people and constituents (Yunus, 2014).
If it is associated with the concept of legislative accountability, both political and managerial, the DPRK in carrying out its legislative functions must prioritize the same functions as other functions. The DPRK should prioritize this function by being actively involved in proposing the Raqan initiative. When the DPRK does not carry out its duties and functions properly in the field of legislation, then this should affect its electoral electability.

CONCLUSION
The concept of legislative accountability relates to two aspects, namely political accountability and managerial accountability. This accountability should have electoral implications for the performance of the DPRK in carrying out its functions in the field of legislation. The implementation of legislative accountability for DPRK's performance in the field of legislation has legal and