Optimization The Formation of Regional Regulations in The Implementation of Regional Government

1Martinus Guntur Ohoiwutun, Marthen Arie, Achmad Ruslan, Zulkifli Aspan

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Abstract:

The formation of laws and regulations is the basis of the implementation of a special government, carried out by the establishment of good regional regulations. The formation of laws and regulations in this case regional regulations can implement the functions which are the authority of the regions that carry out special regional government. For this reason, the formation of regional regulations becomes the authority of special regional governments. The method used in this study is a normative juridical approach to the rule of law, legal concept approach, historical approach, legal comparison approach. The results of the study show that the formation of regional regulations for the administration of special regional government, although based on specific laws and regulations, can override general laws and regulations, but in the formulation of regional regulations in the administration of government they are specifically contrary to higher regulations or not in accordance with the type and hierarchy of legislation as regulated in Act Number 12 of 2011 concerning Formation of Regulations and Regulations. This contradiction is related to Indonesian legal politics insofar as it maintains the integrity of the state, the legal product is left in spite of disrupting the legal system in Indonesia.

Keywords:

Special Regional Regulations.

Paper Details
Month5
Year2020
Volume24
IssueIssue 8
Pages11862-11875

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