SHS Web Conf.
Volume 86, 2020ICORE 2019 – The International Conference on Rural Development and Entrepreneurship
|Number of page(s)||7|
|Published online||20 November 2020|
Problematic of Local Head Regulation As a Local Law Products in The Framework of National Legal Development
Faculty of Law, Jenderal Soedirman University
In Indonesia, the main discusssion in the dynamics of local autonomy is the establishment of local law product after the discussion of general elections. How come? Article 18 paragraph (6) of the 1945 Constitution regulates that in the framework of implementing autonomy and co-administration duties, the local Government has the right to stipulate local regulations and other regulations. Practically, other regulations can be form as local head regulation and many kind of legal policy which made by head of local government. It can be imagined, how many local law products were established in one year in 34 provinces and 265 cities/regency. In this perspective, it is important to raises the object of Local Head Regulations as a miniature of government duties as a derivative of the Local Regulation. The problems which arrise is what is the position of local head regulation in the national legal development. This paper was conduct by doctrinal approach. The specifications which used is descriptive analysis by inventorying and identifying problems that related to harmonization and synchronization of local law products based on Law Number 12 Year 2011 concerning the Establishment of Regulations and Law Number 23 Year 2014 concerning Local Government. Analysing method is normative qualitative by using gramatical and systematic interpretation.In this study, it was found that local head regulation is a part of local law products in the form of legal policy which called as beleidregels. Based on that form, if there any substantive problems from the legal policy so it could not be tested in the legal procedure because the legal policy was made based by the freedom of government. Thats why the government should create an alternative solution to solve the substantive problems from the local head regulation as a legal policy.
Key words: Local Head Regulations / Local Legal Products / National Legal Development
© The Authors, published by EDP Sciences, 2020
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Current usage metrics show cumulative count of Article Views (full-text article views including HTML views, PDF and ePub downloads, according to the available data) and Abstracts Views on Vision4Press platform.
Data correspond to usage on the plateform after 2015. The current usage metrics is available 48-96 hours after online publication and is updated daily on week days.
Initial download of the metrics may take a while.