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All Journal INTEGRALISTIK Rechtsidee Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum Veteran Law Review Community Development Journal: Jurnal Pengabdian Masyarakat Darmabakti : Junal Pengabdian dan Pemberdayaan Masyarakat East Asian Journal of Multidisciplinary Research (EAJMR) Jurnal Pendidikan Dasar dan Sosial Humaniora
Putri, Citraresmi Widoretno
Universitas Pembangunan Nasional Veteran Jakarta
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law Raissa Safatiara; Citraresmi Widoretno Putri
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i10.16718

Abstract

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.
Co-Authors Aji Lukman Ibrahim Aurora Jillena Meliala Bambang Herlambang Irawan Nurraid Dian Khoreanita Dian Khoreanita Pratiwi Jonathan Andre Woods Lutfi, Khoirur Rizal Nurraid, Bambang Herlambang Irawan PUJI LESTARI Raissa Safatiara Ramadhani, Dwi Aryanti Satino Septia Salikhah Utami Suherman Suprima Taufiqqurohman Syahuri Utami, Septia Salikhah Wijaya, Satria Yudha Yuliana Yuli W