AUTHORITY OF THE MINISTER OF HOME AFFAIRS IN THE CANCELLATION OF PROVINCIAL REGULATIONS B ASED ON LAW NUMBER 23 YEAR 2014 ON REGIONAL GOVERNMENT

M. Indra Yuliardy, Gatot Dwi Hendro Wibowo, Muh. Risnain

Abstract:

Regional Regulations as part of a Legislation and as a legal product underlying and underlying the implementation of a program and activities undertaken by the Regional Government. However, due to the imperfect process of its formation, it is often in its implementation to cause legal problems, therefore based on the provisions of Law Number 23 Year 2014, the government through the Minister of Home Affairs shall perform the role and function of supervision in the form of evaluation on the Provincial Regulation Draft and cancellation of Regulation Provincial Region. Implementation of the function of evaluation and cancellation caused Law Conflict, because the authority of evaluation on Provincial Regulation Draft and cancellation of Provincial Regulation is essentially contradictory to the provisions stipulated in the constitution namely Article 24A of the 1945 Constitution of the State of the Republic of Indonesia and caused the Conflict of Norms Law with the provisions of Article 9 of Law Number 12 Year 2011 concerning the Establishment of Laws and Regulations, whereby the Supreme Court is authorized to examine the Laws and Regulations under the Law allegedly contrary to the Law..

 

Keywords: authority, revocation of provincial regulation

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