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

Abstract

Some Key Issues in the Cancellation of Local Regulations in Indonesia

Author(s): Retno Mawarini Sukmariningsih

This research is motivated by the phenomenon of inconsistency between legal legislation in the regions and national legislation. In Indonesia, there are approximately 42,000 problematic legal products. Among that number, there are 3000 troubled regulations, both from legislation by local governments in 530 districts/cities and provinces. Specifically, in the Region of Central Java Province, there are 33 provincial level regulations and 2 Regional Head Regulations that are canceled by the Governor as representatives of the Central Government in the Region. The general objective of this research is to provide an analysis due to the cancellation of regional regulations. The normative empirical approach is used with qualitative analysis to detect the level of harmonization and synchronization of the application of legislation at the regional level. Here, an in-depth analysis is needed regarding the investigation of the needs of the community and local government in a regulation that must be implemented before the regulation is legalized. Legally hierarchical, this regulation was canceled because it was contrary to the Constitution or other higher regulations. Cancellation of regulations proved that local governments in various parts of Indonesia had not fully understood the regulatory legislation procedures. The results of this study are expected to contribute ideas for local governments to understand the importance of harmonization and synchronization of laws and regulations. In addition, there is a need for local wisdom-based content material in the context of legal legalization to absorb more community aspirations and make regulations in accordance with local contexts and needs when applied.