Proceedings of the International Conference on Law Reform (INCLAR 2019)

Factors Inhibiting the Local Regulation-Revoking System in Indonesia

Authors
Hartiwiningsih, Isharyanto, Asri Agustiwi
Corresponding Author
Asri Agustiwi
Available Online 4 March 2020.
DOI
https://doi.org/10.2991/aebmr.k.200226.027How to use a DOI?
Keywords
Local Regulation in Indonesia, Judicial Review
Abstract

This research was very important to find out the factors inhibiting the Local Regulation revoking system existing in Indonesia. This study was a juridical sociological research, describing the fact existing in the field to be connected later to the existing rule. Data source employed consisted of primary data obtained by method of collecting data closely related to primary and secondary law materials. The author also used statute approach. This study would provide accurate information related to Local Regulation Trial ending up with revocation or whether or not a Local Regulation trialed through Supreme Court (Judicial Reviewer) is valid, because there is a sufficiently complex problem. Previously, many Local Regulations have been revoked by Republic of Indonesia’s Ministry of Interior (Executive Reviewer); this number was even more than that revoked by Supreme Court. It became a new problem to the trialing system existing in Supreme Court because the trialing system existing still has weaknesses, particularly in trialing Local Regulation today, recalling the issuance of Constitution Court’s decree No. 56/PTU/MK about the authority of revoking Local Regulation in Indonesia reverting to Supreme Court. Thus, the constraint arising included the legislation existing in Indonesia that should be improved in relation to Local Regulation trialing system either formally or materially and the problem of Local Development, Investment, and Local Regulation Supervision in regions.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law Reform (INCLAR 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
4 March 2020
ISBN
978-94-6252-916-8
ISSN
2352-5428
DOI
https://doi.org/10.2991/aebmr.k.200226.027How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Hartiwiningsih
AU  - Isharyanto
AU  - Asri Agustiwi
PY  - 2020
DA  - 2020/03/04
TI  - Factors Inhibiting the Local Regulation-Revoking System in Indonesia
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 135
EP  - 138
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.027
DO  - https://doi.org/10.2991/aebmr.k.200226.027
ID  - 2020
ER  -