Department of Law, 2009

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KAJIAN YURIDIS NORMATIF SISTEM PENGAWASAN PEMBUATAN PERATURAN DAERAH (PERDA) DITINJAU DARI PERATURAN MENTERI DALAM NEGERI NOMOR 53 TAHUN 2007 TENTANG PENGAWASAN PERATURAN DAERAH (PERDA) DAN PERATURAN KEPALA DAERAH

YUSRON PAHLEVI

Abstract


Various problematic regulations recently come up into surface including either those stood oppositely against the superior regulations, or those with disobedience with the sociological condition. Almost all locals have similar visions, such as improving the local genuine revenue by developing local tax and retribution. Local tax and retribution in general prevail through local regulation. Research may determine the following problems: (1) what will be the supervision system against the content of local regulation in pursuant to Internal Affair Minister?s Decree No. 53 of 2007 on The Supervision of Local Regulation and Local Leader Regulation; and (2) what will be the conflict resolution when the Local Leader should complaint against the evaluation of local regulation in pursuant to Internal Affair Minister?s Decree No. 53 of 2007 on The Supervision of Local Regulation and Local Leader Regulation.
Research employs normative law research approach, or called as doctrinal research. Techniques used involve exploring and collecting the data required by library research and surfing through Internet. Conceptual framework seems important to analyze law materials or its discussion, and therefore, theoretical approach comes into consideration as basic standing involving expert?s opinion, rules, or law bases. Results of research underline the preventive and repressive supervision systems. Preventive supervision system can be conducted before the decision or regulation will be prevailed. The supervision emphasizes on the plan of local regulation about local tax and retribution, Local Budget, and local space order before the Local Leader gives acknowledgement after the evaluation of Internal Affair Minister. Repressive supervision system may be implemented after the local regulation should be determined and prevailed. The repressive supervision system has been widely recognized. Two doors open for conflict resolution. First, invalidation by central through Internal Affair Minister may be needed, while second, law action through system should be important after test against the law product (material test) by Supreme Court. In conclusion, the supervision system against local regulation classifies into two systems of supervision: (a) preventive supervision system and (b) repressive supervision system. When the conflict of local regulation invalidation occurs, the Local Leader finds necessary to submit law action through material test to Supreme Court. Research may suggest that the socialization of regulations higher than local regulation to the local government should be absolutely important to be conducted intensively by central government. The invalidation of more relevant local regulations must be empowered by President Decree because the Decree should be superior in the regulation hierarchy than local regulation

 

Keyword : Sistem, Pengawasan, Peraturan Daerah

 

Related Link :  http://skripsi.umm.ac.id/files/disk1/309/jiptummpp-gdl-s1-2009-yusronpahl-15438-PENDAHUL-N.pdf



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