Politik Hukum Pembentukan Peraturan Daerah Provinsi Dikaitkan dengan Kewenangan Menteri Dalam Negeri dalam Pembatalan Peraturan Daerah Provinsi

Abstract

The issuance of the Constitutional Court Decision number 56 / PUU-XIV / 2016 related to the
cancellation of the regional regulation by the governor and minister. With the Constitutional Court's decision,
the Minister of Home Affairs will no longer be able to revoke the provincial regulation. In the decision also the
Constitutional Court stated, for the sake of legal certainty and in accordance with the 1945 Constitution of the
Republic of Indonesia according to the Court, the testing or cancellation of regional regulations became the
domain of the constitutional authority of the Supreme Court. Meanwhile, in carrying out the judicial review, the
problems faced included, among others, the mechanism that made it difficult for the community to take the
procedure to file a judicial review of the local regulation. On the other hand the Minister of Home Affairs
obtained the authority to carry out executive review on the basis of the authority granted by the Regional
Government Law and its derivative legislation in carrying out guidance and supervision on the implementation
of regional autonomy, in this case the regional regulation. So that it has implications for legal uncertainty in
law enforcement and development in Indonesia, especially those related to whether the regulation has legal
strength or lacks legal force in its implementation, especially the provincial regulations that are passed on by
the minister of interior in 2016. There are two things from the problem research principal that can be
concluded. First, the legal politics of the establishment of provincial regulations associated with the authority
of the Minister of Home Affairs in the cancellation of 2016 regional regulations which have implications for
legal uncertainty in testing local regulations with the legal dualism between the existence of judicial review and
executive review in the perspective of applicable legislation can cause problems . Secondly, the ideal idea in the
Formation of Provincial Regulations is to provide ideas in the propemperda process so that they are in
accordance with the concept of the desired legal requirements.
This This type of research is normative legal research, because in this study the author conducted a
study of legal norms, by first identifying the legal principles that have been formulated in certain laws and
regulations, in order to provide an explanation of the qualitative juridical is a research procedure that
produces descriptive analytical data, which collects all data from primary and secondary legal materials
relating to the politics of cancellation of provincial regulations by accommodating legal theories and other
legislation. Accompanied by data sources used in this study include: primary data, secondary data and tertiary
data.
The author's suggestion, First, seeks to improve the mechanism of local regulation testing. Secondly, the
legislators should need systematic and continuous efforts to improve the capacity of DPRD members and LGs
in designing good local regulations.
Keywords: Establishment of Regional Regulations-Politics Law-Regional Autonomy