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Fathorrahman Fathorrahman
Universitas Jember

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Telaah Hukum tentang Pembatalan Peraturan Daerah (PERDA) oleh Pemerintah Pasca Putusan Mahkamah Konstitusi Nomor : 56/PUU-XIV/2016 Fathorrahman Fathorrahman
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.594 KB) | DOI: 10.36835/rechtens.v6i1.199

Abstract

After the revocation of several paragraphs in Article 251 of Law Number 23 Year 2014 on Regional Government by the Constitutional Court, the Central Government no longer has the authority in an effort to overrule the Regional Regulations of the Regency / City. The cancellation of the perceived regional regulation must be through the instrument of the judiciary, in which case its cancellation must be through judicial review to the Supreme Court. So the principle of executive review is no longer allowed cancellation of a Perda and Perkada by the government that is above it.
Peraturan Delegasi dalam Sistem Peraturan Perundang-Undangan Indonesia Fathorrahman Fathorrahman
JURNAL RECHTENS Vol. 7 No. 2 (2018): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.903 KB) | DOI: 10.36835/rechtens.v7i2.376

Abstract

Delegation regulations are laws and regulations made by other institutions or authorities which are delegated from the legislature to the executive body. Another meaning of the delegation regulation is the implementing regulations of the Act. As an executor, this authority can occur if the authority is delegated from the law as the parent who gives the delegation. In the Indonesian legislative system, there are many forms and types of delegation regulations, both from the parent side that delegates and the rules that get delegates. Regulations on Regulations Delegates in the Indonesian legal system are still various forms and types. Both from the parent side that delegates and the rules that get delegates. And there are still regulatory delegations to institutions that are not authorized to make legislation, such as delegations to judicial institutions / bodies, even though the institution is an institution that does not have the authority to make a general binding regulation. Keywords : Regulation, Delegation, Regulatory System