Aritonang, Ririn Agustin (2023) PENGHARMONISASIAN RANCANGAN PERATURAN DAERAH DALAM PERSPEKTIF PERATURAN PERUNDANG-UNDANGAN DI INDONESIA. S2 thesis, Universitas Jambi.
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Abstract
The formation of laws and regulations is the making of laws and regulations that include the stages of planning, preparation, discussion, ratification or stipulation and promulgation. In relation to changes in the implementation of harmonization, rounding and stabilization of the concept of draft local regulations (Perda), harmonization should begin at the planning stage of drafting local regulations carried out in the Regional Legislation Program (Prolegda). Therefore, it is important to normalize the existing regulation on planning the preparation of provincial regulations in Law No. 12/2011 on the Formation of Legislation by involving the Ministry of Law and Human Rights as the ministry that handles government affairs in the field of regulatory formation. Among the series of processes, there are stages that are very important but not explicitly mentioned, namely harmonization, rounding and stabilization of the draft local regulation concept. The implementation of harmonizing, rounding and stabilizing the concept of draft local regulations aims to maintain harmony, stability and roundness of the concept of laws and regulations to be effective. As a logical consequence of the hierarchy of laws and regulations and the principle of "enforceability", a Regulation of the Minister of Law and Human Rights as an implementing regulation of Law No. 13 of 2022 must be established immediately. Regulation of the Minister of Law and Human Rights No. 22 of 2018 on the Harmonization of Draft Legislation Formed in the Regions by Legislative Drafters as the implementer of Law No. 12 of 2011 is not entirely appropriate in representing what has been changed and regulated in Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011 on the Formation of Legislation, It is still not fully effective in determining the authority to harmonize, round up and stabilize the conception of draft regional regulations originating from regional heads and initiatives of the Regional People's Representative Council (DPRD) at the provincial and district / city levels. There are indications that there is still a conflict regarding which party is actually authorized to carry out harmonization. It can be seen that there are still loopholes in this Law that allow harmonization to be carried out by entities other than the designated ministry. In addition, there is no clear provision in this Law that the harmonization, rounding and stabilization of the conception of draft local regulations is an important stage and must be passed in every draft local regulation before it becomes a local regulation. It should be understood that the harmonization, integration and consolidation of the conception of the draft local regulation must be carried out as a requirement that must be met before the draft local regulation can become a local regulation. If these requirements are not met, the person concerned cannot obtain something that would have been obtained if the requirements were met. Keywords: Harmonizing, Draft Regional Regulations, Laws and Regulations.
| Type: | Thesis (S2) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana > Ilmu Hukum |
| Depositing User: | Ririn Agustin Aritonang |
| Date Deposited: | 06 Jul 2023 02:13 |
| Last Modified: | 06 Jul 2023 02:13 |
| URI: | https://repository.unja.ac.id/id/eprint/51238 |
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