Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Democratic Concept of Legislation for the Establishment of Regional Regulations (Case Study of the Establishment of Qanun Aceh)

Author(s): M. Yasir Putra Utama, Faisal, Husni, M. Saleh Sjafei, Rudy Pramono

 The process of making a Regional Legal Product must go through the standard of legislation mechanism, which is regulated by legislation. In the rule explains the process that must be done step by step. The organ of the legislator of the regional law is a legislative institution whose members are the result of direct elections by the community and after being elected then make them as representatives of the people placed in one institution. Elections in Indonesia use a party system so that every legislative member who is elected in addition to carrying out the task of representing the people also carries the interests of political parties used in the general election. The interests of the constituents and the interests of the party follow each other's interests of each member of the legislature who sits in the House of Representatives and in the discussion of a draft qanun always contains the interests of both sides. The process of establishing regional legal products takes a long time, because the existing system still uses the instructions of the existing legislation and in the rule is not by default the method of formation of qanun by the board is set, but no one has ever change the method, and in this study in trying to come up with a new concept of methods and mechanisms for the formation of better regional laws and will shorten the timing of the legislation process and avoid political party pressure for council members who representing in the board. The establishment of regional law will be carried out by an independent institution and members are personnel who have skills in the formation of qanun intended. This institution will provide maximum product results and with a short time and legal product results will be more appropriate.

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