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Journal : JURNAL LITIGASI (e-Journal)

REGIONAL VICE HEADS: POWER PLAYERS OR MERE PUPPETS? UNPACKING THE CONTRADICTIONS IN LAW NO. 23/2014 Arifin, Firdaus
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.14574

Abstract

The role of the deputy regional head in Indonesia is primarily intended to complement the regional head by assisting in the execution of governmental duties. However, the ambiguity surrounding the deputy’s authority has emerged as a critical issue, often resulting in disharmony between regional heads and their deputies. If left unresolved, this tension may disrupt regional governance and prompt considerations of abolishing the deputy regional head position altogether. This study employs a normative juridical approach, analyzing secondary data through qualitative juridical methods to produce a descriptive narrative. The findings reveal that the regional head’s authority frequently overshadows the deputy’s role, rendering the deputy regional head largely symbolic and ineffective. This power imbalance has been a recurring source of conflict. To address this, the study proposes a Principle-Based Authorization Model to clearly define and strengthen the deputy’s authority, ensuring a more balanced and harmonious relationship. The urgency of this issue necessitates action from both the government and parliament to revise Law No. 23 of 2014 on Regional Government or to introduce specific regulations delineating the deputy’s responsibilities. By empowering the deputy regional head’s role, this reform could enhance the efficiency and effectiveness of regional governance, contributing to more stable and cooperative leadership at the regional level.
PENGUJIAN PERATURAN KEBIJAKAN DALAM SISTEM PERADILAN DI INDONESIA Arifin, Firdaus
LITIGASI Vol. 22 No. 1 (2021)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i1.3751

Abstract

The policy regulation is one of the government instruments or tools and means used by the government, including state administration officials in criminal justice in carrying out government tasks and other judicial actions. The existence of this policy regulation is a consequence of the welfare law state which imposes a very broad task, namely for the attainment of the people's welfare in accordance with the objectives of the welfare state itself. However, in the development of policy regulations that were originally intended and needed in carrying out governmental duties, in fact their implementation cannot be separated from the problems of conflicts with other legal norms and other legal problems. This paper wants to answer an important question, namely; "What is the basis for government action to issue policy regulations and why policy regulations, theoretically and in practice, cannot be categorized as statutory regulations?". The conclusion that can be drawn from this paper is related to the large "space for movement" held by the government and the positions in the judicial field to make policy regulations. For this reason, it is necessary to recommend Supreme Court to issue a Supreme Court Regulation which regulates technical proceedings related to the review of policy regulations. Delegating the authority to review policy regulations to become the authority of the State Administrative High Court (PT TUN) is a strategic step that can be developed by the Supreme Court of the Republic of Indonesia. Keywords: Testing, Policy Regulations, Regulations, Contradictions of Norms, Government Administration.
KOMPARASI PENGGUNAAN ANALYSIS REGULATORY METHOD SEBAGAI INSTRUMEN PENDUKUNG KEBIJAKAN DALAM PENYUSUNAN PERATURAN PERUNDANG-UNDANGAN Ihsanul Maarif, Ihsanul; Arifin, Firdaus
LITIGASI Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.6128

Abstract

The promulgation of laws has been stipulated in Law Number 12 of 2011 concerning Guidelines for the Promulgation of Laws, which has been changed post enactment of Law Number 13 of 2022 on Second Amendment of  Law Number 12 of 2011, one of which is the application of the Regulatory Impact Analysis (RIA) and the Rule, Opportunity, Capacity, Communication, Interest, Process Method, and Ideology (ROCCIPI) as the basis for the Establishment of Legal Products in e Academic Manuscript of the Bill of Law/Regional Regulation.  Integrating the methods into Academic Manuscripts is incorrect considering that it serves as the justification (philosophical, sociological, and juridical) which is academic or scientific in nature upon the conclusion of Laws and Regional Regulations. (RIA) is an analysis method of policies that acts as a companion to academic manuscripts called the RIA Statement. This is interesting to study of how is the development of the RIA and ROCCIPI in promulgating laws? How do the techniques for preparing academic manuscripts pre and post the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 compare? Keywords: Regulatory Impact Analysis; Rule, Opportunity, Capacity, Communication, Interest, Process, and Ideology; Legal Products.