International Journal of Law, Policy and Governance
Vol. 5 No. 1 (2026)

Criminalization in Regional Regulations: An Analysis of the Formulation of Penal Provisions Based on Law Number 13 of 2022

widya yoseva (Universitas Sumatera Barat)
Sistri Wahyuni (Universitas Sumatera Barat)
Gokma Toni Parlindungan S (Universitas Sumatera Barat)



Article Info

Publish Date
15 Jul 2026

Abstract

This study aims to analyze the formulation of criminal provisions in Regional Regulations (Peraturan Daerah) following the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 on the Formation of Laws and Regulations. The study examines the legal basis, limitations, and principles governing the criminalization process within regional legislation. This research employs normative juridical methods using statutory, conceptual, and comparative approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed through qualitative legal interpretation. The study finds that the authority of Regional Governments to formulate criminal sanctions in Regional Regulations is not absolute and must comply with the principles of legality, proportionality, and legal certainty as stipulated in Law Number 13 of 2022. The inclusion of criminal provisions in Regional Regulations should be based on clear delegation of authority, avoid overcriminalization, and align with national criminal law policies and the protection of human rights. This research offers a contemporary analysis of the criminalization policy in Regional Regulations after the enactment of Law Number 13 of 2022 and proposes a conceptual framework for the formulation of regional criminal provisions that are harmonized with the national legal system and constitutional principles.

Copyrights © 2026






Journal Info

Abbrev

ijlpg

Publisher

Subject

Agriculture, Biological Sciences & Forestry Arts Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

Description

International Journal of Law, Policy and Governance is a peer-reviewed journal published by Adpebi. The journal publishes original papers at the forefront of Law, international law, corporate law, public policy and governance issues. The journal is free access and download. Including to area of ...