Problematic of Local Head Regulation As a Local Law Products in The Framework of National Legal Development

Faculty of Law, Jenderal Soedirman University

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Abstract

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.