CD Tesis
Penataan Pendelegasian Perundang-Undangan Dalam Pembentukan Peraturan Daerah Dikaitkan Dengan Realisasi Program Pembentukan Peraturan Daerah
As a rule of law, Indonesia still has various problems in the field of
regulation, both central and regional laws and regulations. One of the problems
highlighted is that there are too many hyper regulations as a result of overlaaping
and irregular delegation orders which have quite a broad impact on
government administration, including in the regions. Although the existence of
Law Number 12 Year 2011 is expected to maintain the order of the Prevailing
Laws, the orderly reality of the Prevailing Law has not yet been fully realized.
One of the statutory instruments to be an object of the problem is legal products in
the regions in the form of regional regulations. In addition, this issue of
delegation orders also has an impact on the planning implications of the Regional
Regulation Formation Program.
The arrangement of the Delegation of Legislative Regulations on the
formation of regional regulations is not carried out properly by the Government,
this is evidenced by the accumulated number of Regional Regulations (obesity)
caused by orders of delegates that are not well ordered. From the Laws,
Government Regulations, Presidential Regulations and Ministerial Regulations
giving delegation orders to be regulated by Regional Regulations, although it is
justified in the Regulations of the Legislation, the existing delegation orders are
often overlaapped with the delegation's orders of other laws and regulations.
Structuring the Delegation of Legislative Regulations on the formation of regional
regulations linked to the Regional Regulation Formation Program (Propemperda)
is carried out in various aspects of the approach, including: First, structuring the
time aspect as a follow-up to delegation; Second, Arrangement of Material
Aspects; Third, Structuring from the Institutional Aspects.
The impact/consequences of delegating statutory regulations to regional
regulations associated with the implementation target of the regional regulation
formation program can potentially hinder the implementation of the establishment
of regional regulations that affect several things, including: First, poor budget
management for the formation of regional legal products; Second, impediments to
regional rights in receiving transfer funds; Third, in the aspect of forming local
regulations.
Keywords : Arrangement, Delegation, Legislations, Realization of the
Formation of Regional Legislation Program.
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