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


The Urgency of Decentralization of Regional Regulations Position in the Perspective of the Unitary State of the Republic of Indonesia

Author(s): Sudarsono Sudarsono, Dewi Cahyandari, Shinta Hadiyantina, Syofyan Hadi

Indonesia is a country that adheres to the form of a unitary state with the principle of decentralization. The principle is that each region is given the freedom to regulate its government. However, the principle of decentralization does not apply to Regional Regulations (Perda) because the legislative system still uses a centralized system. It causes the position of regional regulations to be in an unclear position whether as implementing regulations from central regulations or as regulations formed for the benefit of a related region. The formulation of the problem raised is about the implications of the position of Regional Regulations that are subject to a centralized system of laws and regulations and why decentralization is needed for the position of Regional Regulations. This study used a type of normative juridical legal research with a conceptual approach and legislation. The study results indicated that the centralized system of laws and regulations had made the regions inflexible in regulating norms according to the needs of their territories, especially norms related to local wisdom. At the same time, the centralized system has also limited the legislative function of the Regional House of Representatives (DPRD) as an institution that has the authority to formulate regional regulations together with regional heads. Decentralization of the position of Perda is needed to: (i). harmony between the system of government and the system of laws and regulations. (ii). Regional regulations are dominated by values that apply to each region. An area does not need to be designated as a particular area first in making regulations relating to the special conditions of the region. (iii). the decentralization of the position of regional regulations also opens up space for constitutional complaints. (iv). Reducing the burden of regional regulations that the Supreme Court must test. Fifth, constitutional complaint.

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