Rekonstruksi Desain Pengujian Peraturan Daerah Pasca Putusan Mahkamah Konstitusi

Abstract

This research aims to identify: first, the urgency of reconstructing the design of reviewing the regional regulations after the Constitutional Court decision, and second, reviewing the regional regulations which are in line with the system of regional government administration and the system of reviewing legislative regulations in Indonesia. This is a juridical-normative research. The results of the research conclude that: first, the urgency of reconstructing the review of regional regulations after the Constitutional Court decision is based on: a) the central government has lost control and correction of regional regulations; b) the problematic design of reviewing the regional regulations at the Supreme Court; and c) institutional problems of the Supreme Court in reviewing regional regulations. Second, the design of reviewing the regional regulations and the proposed regional legislation reviewing system, among others: a) expanding the clarification authority of the central government by canceling/revoking regional regulations whose content regulates the implementation of assistance tasks and/or regulates further elaboration of legal regulations -higher invitation by the central government/governor as a representative of the central government; and b) redesign of the Supreme Court's procedural law in reviewing statutory regulations by accommodating formal review; changing the concept of respondent to parties which include the applicant, the person providing information, and related parties; holding trials open to the public, forming a field (panel of judges) for reviewing statutory regulations; and extending the deadline for completing statutory examinations.