Reconstruction of Regional Regulation Supervision of Realizing Regional Autonomy

International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue IX, September 2020 | ISSN 2454–6186

 Reconstruction of Regional Regulation Supervision of Realizing Regional Autonomy

 Sudirman
Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia

Abstract: Provincial, regency, and city governments have a strategic position as the main party in charge to plan and realize public welfare. By the principle of the regional authority, the provincial, regency, and city governments have the flexibility to plan and manage natural and human resources they have and to solve their problems. However, in local government, many regulations overlap, whether with the previous regulations or with more superior regulations. The method used in this research is descriptive-analytical, while the main approach is juridical normative. The descriptive-analytical method is a method to describe the object of research through qualitative analysis critically. Because the scope of the study is within the legal science, the normative approaches were also included, namely legal principles, synchronization of laws and regulations, and law formation efforts (rechtsvorming). The data used in this study is a secondary data which were obtained through a literature review. The secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. The research on the construction of regional government supervision shows the existence of preventive and repressive supervision. Preventive supervision is temporary prevention which prevents an authority from being placed on the officials, while repressive supervision is supervision concerning the formation of a regional regulation (Perda) which is based on the formal requirements for the formation and ratification, as well as the formation of a regional regulation legally and formally. The reconstruction of Regional regulations requires government supervision in the form of tests carried out by so-called executive review through evaluation, clarification, and cancellation mechanism. The implementation of the cancellation of regional regulations does not follow the Law No. 23/2014 because it uses legal instruments to cancel problematic regional regulations

Keywords: Reconstruction, regional regulations, autonomy.

I. INTRODUCTION

The pattern of community regulation in the framework of achieving the goal of the state by forming statutory rules is a characteristic of countries adhering to the written law system. The objectives of Indonesian as a state, which are regulated in the preamble of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), should be based on both formal and material law. All problems of the state and society in Indonesia are generally resolved through laws and regulations.

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