Karya Ilmiah

DISERTASI (0086) - Kedudukan Pemerintah Daerah Provinsi dan Pemerintahan Daerah Kabupaten/kota Dalam Pembentukan Peraturan Daerah

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The dissertation takes title, “The Position of Provincial and
District/Municipality Governments in the Formation of Regional Regulation”.
The dissertation is concerned: (1) “Ratio legis” drafting the hierarchy of
legislation associated with autonomous systems; (2) The substance of Provincial
Regulation and the substance of District/Municipality Regulation; and (3) The
legal effect on the position of Provincial Regulation to District/Municipality
Regulation. This research is a type of normative legal research by using statute
approach, a historical approach and the conceptual approach. This dissertation
concludes that the formation of Law No. 12 of 2011 denotes the implementation of
Article 1 paragraph (1) and Article 18 paragraph (1) on the Constitution of the
Republic of Indonesia Year 1945 because the hierarchy of legislation follows
“structural hierarchy” principle which Provincial Regulation placed higher than
the District/Municipality Regulation so Provincial Government as the framer of
Provincial Regulation placed higher than the District/Municipality Government
as the framer of the District/Municipality Regulation. This is emphasize the tiered
or stratified regional government which Law No. 32 of 2004 only arrange the
hierarchy between the District/Municipality Government and Governor as Deputy
of Central Government on the implementation of deconcentration principle
whereas on the translation of decentralization principle on Law No. 32 of 2004,
there isn’t tiered or stratified relationship between the Provincial Government
and the District/Municipality Government. It is also concluded that Article 18
paragraph (1) on the Constitution of the Republic of Indonesia Year 1945
requires the implementation of autonomy within the scope of executive power in
stages starting from the Central Government, Provincial Government through the
District/Municipality Government. Provincial Administration which implemented
by Provincial Regulation shall be based deconcentration by placing position as
Deputy of Central Government that the Provincial Government do the control,
guidance and supervision of the implementation of the District/Municipality
Government and perform aspiration from the District/Municipality Government
as a policy formulation by the Central Government. The governance of
District/Municipality Government which implemented by the District/Municipality
Regulation is based on decentralization mechanism, in which the Central
Government through the Provincial Government as Deputy of Central
Government give powers to conduct the affairs of government are providing
services directly to the public. So Provincial Regulation substance has more
general character than the District/Municipality Regulation and give guidance for
the District/Municipality Government to implement the government affairs which
is technically implementing in the District/Municipality Regulation. It is also
conclude that in order to refer Article 18 paragraph (1) on the Constitution of the
Republic of Indonesia Year 1945, the implementation of the regional government
must be translatedi in tiered or stratified relationship which placed Provincial
Government higher than the District/Municipalitiy Government and analog with
it, the hierarchy of legislation on Law No. 12 of 2011 placed Provincial
Regulation higher than the District/Municipality Regulation so Provincial
Regulation must become guidance and implemented by the District/Municipality
Regulation.

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Ketersediaan

030970526

0086

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0086

Penerbit

Surabaya : Fakultas Hukum Unair., 2014

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

-

Subjek

HUKUM PEMERINTAHAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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