Local Regulation Review in Realizes Legal Order of the Local Governance

Andi Bau Inggit AR, A. Pangerang Moenta, Marwati Riza, Hamzah Halim

Abstract


The concept of local autonomy is granted to the people as a whole legal community with authority to regulate and manage the government affairs. Local regulation in its formation both formally and materially should be suitable to the provisions of higher legislation. The type of research is normative and empirical/sociological. Legal resources using primary and secondary data. Data have been obtained from this research were analyzed by using qualitative-descriptive and using theoretical basis and data in its discussion. The results of the research shows that the essence of local regulations review is an action to assess in both formal and material on local regulation by the Supreme Court and the Central Government (Ministry of Domestic Affairs) through the procedures of review that have been determined by the laws and regulations in an effort to ensure the realization of legal order based on justice, legal certainty and utility principles. However, it has not been realized because the dualism of local regulations review that indicates the occurrence of legal disorder in the review of local regulations.

Keywords: Executive Review, Judicial Review, Local Autonomy, Local Regulation


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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