Karya Ilmiah

DISERTASI (146) - Prinsip Kesatuan Hukum Nasional Dalam Pembentukan Produk Hukum Pemerintahan Daerah Otonomi Khusus Atau Istimewa

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This reseacrh focused as follows: (1) Ratio legis of giving of territorial autonomy status
to the local government in a unitary state; (2) The principle of the division of competence to the
local government granted territorial autonomy status; and (3) Monitoring the establishment of
laws of territorial autonomy of local government.
This research found as follows: (1) the provision of territorial autonomy status to the
local government in a unitary state can be based on historical reasons, the reasons for differences
system of social life, and / or reasons of international agreements. Legislative ratio of giving
territorial autonomy status, which was based on the principle of unity in diversity, the principle
of justice, the principle of asymmetric decentralization, and the principle of constitutional
recognition. (2) In the implementation of territorial autonomy in Indonesia, the principle of
division of competence that was applied was the principle of subsidiarity and the principle of
residual function on local governemnt. The type of competence given to the territorial autonomy
was exclusive and concurrent competence extanded. (3) The monitoring mechanism and
benchmarks cancellation exclusive local regulation were equated with the monitoring mechanism
and benchmarks cancellation usual regulations. While in practice the implementation of
territorial autonomy in the world, monitoring and benchmarking the cancellation of exclusive
local regulations specifically regulated by law and distinguished by the mechanism of
supervision and the benchmarks of usual local regulation.
The reserach recommends to undertake improvements to: (i) the provisions of Article
18B paragraph (1) the Constitution of the Republic of Indonesia Year of 1945, for instance using
a formula that is retroactive and prospective simultaneously; and (ii) provisions regarding the
establishment and oversight of exclusive local regulations on the laws that govern territorial
autonomy should be regulated rigid and explicit in order to maintain the exclusivity regulations
exclusivity, including arrangements regarding the authority of the Supreme Court to conduct a
judicial review the exclusive local regulation.

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Ketersediaan

031217017317

146

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

146

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

146

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 PEMERINTAHAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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