{"title":"立法等级理论视角下协调地区法规的法律框架","authors":"Yeni Nel Ikhwan, K. Khairani","doi":"10.25077/nalrev.v.7.i.2.p.401-419.2023","DOIUrl":null,"url":null,"abstract":"In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.","PeriodicalId":33148,"journal":{"name":"Nagari Law Review","volume":"1177 ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan\",\"authors\":\"Yeni Nel Ikhwan, K. Khairani\",\"doi\":\"10.25077/nalrev.v.7.i.2.p.401-419.2023\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.\",\"PeriodicalId\":33148,\"journal\":{\"name\":\"Nagari Law Review\",\"volume\":\"1177 \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-02-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Nagari Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.25077/nalrev.v.7.i.2.p.401-419.2023\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Nagari Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25077/nalrev.v.7.i.2.p.401-419.2023","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
众所周知,在印度尼西亚,法律法规有一个等级制度,即所谓的法律法规等级制度,其依据是《Undang-Undang Nomor 12 Tahun 2011》第 7 条第(1)款的规定。这种法律法规等级制度的结果是,较低级别的法律法规不得与较高级别的法律法规相冲突。作为法律法规一部分的地区性法规也受这一等级概念的约束。为了保证等级概念的实现,2011 年第 12 期《Undang-Undang Nomor》(最后由 2022 年第 13 期《Undang-Undang Nomor》进行了修订)对地区法规进行了统一。然而,该法中关于统一程序的规定并未附带详细讨论统一程序和方法的实施条例。本文将从理论上进一步讨论地区法规协调程序的定位,以及印尼在实践中是如何实施地区法规协调程序的。因此,希望今后能够就地区法规的协调过程提出建议,这将为克服该地区的过度监管做出积极贡献。
Kerangka Hukum Harmonisasi Peraturan Daerah Dalam Perspektif Teori Hirarki Perundang-Undangan
In Indonesia, it is known that there is a hierarchy of statutory regulations, known as the hierarchy of statutory regulations, which is based on the provisions of Article 7 paragraph (1) of Undang-Undang Nomor 12 Tahun 2011. This hierarchy of laws and regulations has the consequence of the provision that lower laws and regulations must not conflict with higher laws and regulations. Regional regulations as part of statutory regulations are also subject to this hierarchical concept. To guarantee the concept of hierarchy, it was then determined that there would be harmonization of regional regulations which were standardized in Undang-Undang Nomor 12 Tahun 2011, which was last amended by Undang-Undang Nomor 13 Tahun 2022. However, the provisions for the harmonization process contained in the Law were not accompanied by the establishment of implementing regulations that discussed in detail the procedures and methods for harmonization. This article will discuss further the position of the harmonization process for regional regulations in theory and how the process of harmonizing regional regulations is implemented in practice in Indonesia. So it is hoped that in the future recommendations will be able to be formulated for the process of harmonizing regional regulations which will make a positive contribution to efforts to overcome overregulation in the region.