Karya Ilmiah

DISERTASI (0110) - Pengawasan Peraturan Daerah Yang Berciri Khas Daerah

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Legal issues raised: 1) Authority to establishment the Local Regulation
that based on characteristic of the region, 2) Ratio legis and parameter of the
control of Local Regulation that based on characteristic of the region, and 3)
Legal consequent of the control of Local Regulation that based on characteristic
of the region.
The findings of this research are: 1) Authority to establish the Local
Regulation that based on the characteristic of the region is regulated under Article
18B of the Constitution of the Republic of Indonesia of 1945, Article 136
paragraph. 3 of Act No. 32 of 2004, Article 14 of Law No. 12 of 2011 and Article
236 paragraph 4 of Law No. 23 of 2014. 2) Ratio legis of the control of Local
Regulation that based on characteristic of the region are regulate in Article 24A
paragraph 1 of the Constitution of the Republic of Indonesia of 1945. Law No. 32
of 2004, Law No. 4 of 2004, Law No. 5 of 2004, Law No. 23 of 2014,
Government Regulation No. 79 of 2005 and Regulation of Ministry of Domestic
Affairs No. 1 of 2014 does not regulate explicitly the control of the Local
Regulation that based on characteristic of the region. Control parameter Local
Regulation by the Government, which is contrary to the laws and regulations are
higher, the Local Regulation may be annulled if it is contrary to the public interest
and morals. The control parameter by the Supreme Court are: contrary to the laws
and higher regulations, and the establishment of local regulations do not meet the
applicable provisions. 3) Legal consequences of the government control of Local
Regulation that based on characteristic of the region in Article 251 paragraph (1)
and paragraph (2) is that cancellation ('vernietigbaar)'. Vernietigbaar is 'ex nunc'
which means effective immediately. Legal consequences of annulment is Local
Regulation that based on characteristic of the region become effective when there
is a cancellation by the Local Government. Legal consequences of annulment by
the Supreme Court is that the Local Regulation reviewed and has not binding
force.
It is necessary to changes: (i) Article 7 of Law No. 12 of 2011, the Local
Regulation should not be devided into the Province Regulation and Municipal
Regulation. (ii) Law No. 23 of 2014 to regulate specifically on preventive
supervision of the Local Regulation that based on characteristic of the region,
with parameters: a. Contrary to the Constitution of the Republic of Indonesia Year
1945 of 1945 and the laws; and b. contrary to the cultural values of the people in
the area. (iii) Article 251 of Law No. 23 of 2014 needs to add a paragraph which
regulates the implementation deadline for the evaluation of the Local Regulation
by Government. (iv) Local Governments can file an objection to the annulment of
the decision to the Supreme Court. (v) Parameter of the Government control: 1)
contrary to the Constitution of the Republic of Indonesia Year 1945 and
legislation; and contrary to the cultural values of the people in the area.
Parameters of Supreme Court: a) contrary to the Constitution of the Republic of
Indonesia Year 1945 and legislation; b) contrary to the public interest; c) the
establishment of the Local Regulation does not meet the applicable rules.
Keywords: Control, Local Regulation based on characteristic of the region.

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Ketersediaan

0310705210

0110

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0110

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM ADMINISTRASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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