Abstract
Indonesia is a country which implemented local autonomy and have principle refers to the power of localities to legislate and regulate the behavior of residents. Based on that condition, local government has various policy matters which may cause problems in the formation of local regulation products. Until now, there are still uncertainty of standards and criteria on the establishment of Local Regulations and Local Head Regulations (governors, regents, mayors regulation) which may overlap one another and, as a result, finally revoked. This research paper is considered essential to conduct as there are numerous Local regulations with type, hierarchy, and legal substance which having technical characteristics and similarities with Local Head Regulations. In the other hand, many Local Head Regulations which should be organized in Local Regulations are somehow made in the form of Local Head Regulations. The merit of legislation principles based on law state is closely related with the formulation of local regulation products in the form of Local Regulations and Local Head Regulations. The authors discover a number of issues supporting the research objects, especially when creating the initiative Local Regulations. There were tendency of Council members to set up a technical issue in the form of Local Regulations in order that there would be no leeway to grant the authority to Local Head Regulations. Meanwhile, in other regions, there are a number of Local Head Regulations adopted into Local Regulations as their content materials are considered as the Local Regulations. Keywords: Local Regulation; Local Head Regulation; Principle of Legislation type; Hierarchy and Legal Substance.
Highlights
Legislation is an integral part or a sub-system of a legal system
The emphasis of local governments in the Netherlands lies in gemeente; this constitutes an effort to realize the principles of welfare state for common people
A consideration or supervision is performed after local government makes a decision, yet, such decision has not been effective and has no legal consequences and it is called middentoezicht supervision
Summary
Legislation is an integral part or a sub-system of a legal system. As a sub-system, legislation cannot stand on its own regardless the state legal system. In Article 8 it is stated that: 1) The type of Legislation other than those mentioned in Article 7 paragraph (1) includes those regulations established by the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, Supreme Court, Constitutional Court, Supreme Audit Agency, Judicial Commission, Bank of Indonesia, Ministers, 1 C.F. Strong, Modern Political Constitusional; An Introduction To The Comparative Study of Their History And Existing Form, sixth edition, London:Sidgwick&Jackson Limited, 1963, p.
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