Analisis Yuridis Kewenangan Pengawasan Peraturan Daerah Menurut Undang-undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah Dan Putusan Mahkamah Konstitusi

Hartanto, Wenda (2019) Analisis Yuridis Kewenangan Pengawasan Peraturan Daerah Menurut Undang-undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah Dan Putusan Mahkamah Konstitusi. Other thesis, Universitas Islam Riau.

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Abstract

The writing of this thesis is motivated by the fact that to organize Regional Autonomy and Assistance Tasks, Regions form a Regional Regulation. However the Regional Regulation is essentially an inseparable part of the unity of the national legal system so that supervision and guidance of regional regulations as a legal system is carried out in stages. The principle of supervision contained in the unitary state is that the Central Government has the authority to intervene in matters in the region. The Central Government is responsible for ensuring the integrity of the unitary state, ensuring uniformity of actions and arrangements in certain fields (uniformity). Restrictions on regional freedom in regulating and managing household affairs with some of these obligations are a logical consequence of the adoption of the principle of the rule of law and the hierarchy of laws and regulations. In writing this thesis the author takes two main problems, namely how is the supervision of regional legal products since the Law on Regional Government was formed and How to guide and supervise local regulations after the decision of the Constitutional Court Number 56 / PUU / XIV / Year 2016. This study is a normative legal research approach to legislation carried out by examining all Acts Regulations and regulations relating to legal issues being addressed. This approach will open the opportunity for researchers to study whether there is consistency and conformity between the Law and other Legislation and then this research is normative juridical with descriptive-analytical nature, examines the problems and comparisons of regulations in the context of supervision of Regional Legal Products associated with product coaching Regional Law since the Law on Regional Government was established until after the Decision of the Constitutional Court Number: 56 / PUU / 2016. The results of this study are that since the establishment of the Law on Regional Government the guidance and supervision of Regional Legal Products has a repressive nature, meaning that the Central Government can cancel the Regional Legal Products without going through the mechanism of judicial regulation only Law No. 32 of 2004 concerning the regional government regional legal products that are executive review. Post-Constitutional Court Decision that overturned the authority of the Central Government to cancel Regional Regulations, cancellation can only be done by the Supreme Court through judicial review, while according to Law Number 23 of 2014 concerning Regional Government, the authority to cancel the Regional Regulation has been revoked.

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