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VOL. 10, ISSUE 3 (2024)
Changes in norms create legal uncertainty in the formation of regional legal products
Authors
Amarullah D, Eddy Purnama, Teuku Saiful
Abstract
Article 18 paragraph (6) of the 1945 Constitution which states that
regional governments have the right to enact regional regulations and other
regulations to implement regional autonomy and assistance duties apparently
does not provide flexibility for regional governments to form legal products,
due to guidance and supervision from the central government as a reflection of
a unitary state that has ties between the central government and regional governments.
Constitutional Court Decision Number 137/PUU-XIII/2015 and Constitutional Court
Decision Number 56/PUU-XIV/2016 which revoked the repressive supervisory
authority of the Minister of Home Affairs in the form of the right to cancel
Regional Regulations require the central government to change its supervision
method to preventive. Changes in norms based on changes in supervision policy
through the Regulation of the Minister of Home Affairs Number 120 of 2018
concerning Amendments to the Regulation of the Minister of Home Affairs Number
80 of 2015 concerning the Formation of Regional Legal Products actually make
the process of forming regional legal products ineffective and efficient.
Meanwhile, laws and regulations require that the content of laws and
regulations reflect legal certainty and the formation of effective and
efficient regional legal products. This study aims to examine and analyze the
implications of changing norms in the Minister of Home Affairs Regulation
Number 120 of 2018 and the legal uncertainty it causes.
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Pages:30-34
How to cite this article:
Amarullah D, Eddy Purnama, Teuku Saiful "Changes in norms create legal uncertainty in the formation of regional legal products". International Journal of Law, Vol 10, Issue 3, 2024, Pages 30-34
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