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VOL. 10, ISSUE 3 (2024)
Changes to the mechanism for cancelling regional regulations based on constitutional court decision number 137/PUU-XIII/2015 and number 56/PUU-XIV/2016
Authors
Musrafiyan, Zahratul Idami, Suhaimi
Abstract
The purpose of this research is to examine the
reasons of Constitutional Court (MK) Judges regarding the mechanism for
canceling Regional Regulations (Perda) through MK decision No.137/PUU-XIII/2015
and MK Decree No.56/PUU-XIII/2016. This study is important because the two MK decisions
have eliminated the Governor's authority to cancel Regency/Municipality Perda,
and the Minister's authority to cancel Provincial Regulations. So that later it
will be known what the judge's view is regarding the annulment of the Perda,
because as is known, Perda are regulations whose hierarchy is below the law,
and their review can only be carried out by the Supreme Court (MA). Testing by
the MA has a strong basis of legitimacy because it relies on the 1945 Constitution
of the Republic of Indonesia (UUD 1945) jo Law No. 5 of 2004 jo
Law No. 3 of 2009 jo Law No. 12 of 2011 and Supreme Court Regulation
(PERMA) No. 1 of 2011.
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Pages:10-15
How to cite this article:
Musrafiyan, Zahratul Idami, Suhaimi "Changes to the mechanism for cancelling regional regulations based on constitutional court decision number 137/PUU-XIII/2015 and number 56/PUU-XIV/2016". International Journal of Law, Vol 10, Issue 3, 2024, Pages 10-15
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