Legal Reconstruction of Regional Government Public Safety Based on Justice Values

Abstract

The aim of the research is to examine and analyze the weaknesses of regulations on The Regional Government Public Safety, and how to reconstruct the regulations based on justice value. This research was conducted using socio-juridical research which is a legal research method that functions to see the law in its real sense and examines how the law works in a society that is analytically descriptive using primary and secondary data and using the theory of pancasila justice as a grand theory. The weakness of regional government policy regulations in the field of public security and peace is the regulatory factors where the provisions of RI Law Number 23 of 2014 regulate in a limited manner regarding the requirements to be appointed as civil service police. therefore The Legal Reconstruction of Regional Government Public Safety based on the values of justice is the provision of Article 26 of the Republic of Indonesia Law Number 23 of 2014 and Article 255 of Law of the Republic of Indonesia Number 23 of 2014, that regulate the main task of the Satpol PP to enforce regional regulations and regional regulations, administer public order and peace and carry out community protection. In carrying out these basic tasks, Satpol PP must be equipped with authority. Furthermore, the reconstruction of Article 256 of RI Law Number 23 of 2014, that this article regulates the requirements to be appointed as civil service police. The provisions of this article regulate, although limited, the requirements referred to so that in practice it will be difficult to fulfill them, therefore the regional head can make a policy or discretion. However, this is appropriate when viewed from the hierarchy of laws and regulations because the regional head's policies are not in accordance with the norms stipulated in the provisions of Article 256 of the Republic of Indonesia Law Number 23 of 2014.