Jurnal Ilmiah Hukum LEGALITY
Vol. 33 No. 1 (2025): March

The authority relationship of Central and Local Governments in forming laws and regulations: between Indonesia and Malaysia

Aan Eko Widiarto (Faculty of Law, University of Brawijaya, Indonesia)
Muhamad Sayuti Hassan (Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia)
Mohd Hazmi Mohd Rusli (Faculty of Syariah and Law, Universiti Sains Islam Malaysia, Malaysia)
Endrianto Bayu Setiawan (Faculty of Law, Universitas Brawijaya, Indonesia)



Article Info

Publish Date
16 Feb 2025

Abstract

This study examines how the powers of the federal government and local governments interact to create laws and regulations in Malaysia and Indonesia. In most countries, the central government is not the only regulator in developing laws and regulations. Regional governments are vested with the authority to manage government affairs delegated to them. This authority includes the power to draft and enact regional regulations, reflecting regional independence in administering local governance. Regional regulations serve as strategic tools to achieve the objectives of decentralization, fostering greater autonomy by empowering regions to address local needs through tailored legislation. However, the delegation of such authority also presents the potential for regulatory conflicts between the central government and regional governments or among regions themselves. Consequently, a comprehensive analysis is essential to evaluate how the relationship between central and regional governmental authorities influences the legislative process in Indonesia. Employing a legal comparative approach provides an effective method for examining the dynamics of regulatory authority between the central and regional governments, offering valuable insights and policy recommendations to harmonize the framework for statutory regulation. The findings highlight those regional regulations play a crucial role in supporting decentralization, yet conflicts between central and regional authorities are inevitable. Comparing the cases of Indonesia and Malaysia, the study underscores the need for clear and collaborative frameworks to harmonize central and local authorities in forming laws and regulations, ensuring legal certainty and effective governance.

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Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...