PEMBENTUKAN PRODUK HUKUM DAERAH DALAM PELAKSANAAN OTONOMI DI INDONESIA

HADI, ASMAH (2014) PEMBENTUKAN PRODUK HUKUM DAERAH DALAM PELAKSANAAN OTONOMI DI INDONESIA. Working Paper. Pasca Sarjana Unand. (Unpublished)

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Abstract

Area autonomy by explicit has been confessed and poured in State Constitution concluded of amandemen to section 18 Constitution 1945. And to execute that autonomy, local government is entitled to specify by law and other regulations (product punish area). Its meaning the rights and confession have strong legal status in state. Therefor, very expected local government to dig and optimalize all its area potency for the shake of improving prosperity of society, and that guaranteed by constitution. As according to the rule of law of Indonesia, should be each every action institute state, governmental and also society pursuant at law. So that product role punish area very strategic and become base in management of local government. As for product form and type punish that area is as set in Regulation of Domestic Minister Nomor : 15 Years 2006, that is 1) by law, 2) regulation of regional leader, 3) regulation with regional leader, 4) decision of regional leader, and 5) regional leader instruction. Among product punish that area there is having the character of arrangement (regeling) going in to effect abstraction and public and also fasten each every society and institute in the area, and there is having the character of stipulating (beschikking) going in to effect individual concrete and only fastening at just pertinent. In this article, product punish evaluated area having the character of arrangement that is : by law and regulation of regional leader, but in reality forming of product punish that area uncommitt in an optimal fashion, cause by problematic on constraint in it forming. The problematic because of internal factor, that is coming from itself law and regulation becoming base forming of product punish external factor and area, that is coming from product form punish area (local government and local parliament/DPRD). According to legislation hierarky teaching which is Indonesia followed, forming product punish area have to pursuent to and may not oppose against regulation more to the higher (center story level legislation). This research find the forming of product punish that area is burdened because : 1) regulation of storey level center ; a) do not consistence, b) do not synchronize, c) lose time/inexistence regulation of its execution, d) product punish solely political produch, 2) product forming punish area; a) governmental government officer politic, b) lower quality of DPRD. This problematic may not be let still going on, what exactly will eliminate autonomous meaning of area which have cymbal. There for “law and regulation former (center storey level) have to really consistent and consequen apply ground, basis for, teaching and teories going into effect in forming law and regulation”. Don’t be made by law and regulation only as political importance legalization or other importances outside law.

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