Abstract

Abstract The conflicting norms in the division of authority between the Ministry of Law and Human Rights (Kemenkumham) and the Ministry of Home Affairs (Kemendagri) in the process of harmonization and facilitation of Draft Regional Regulations (Raperda) not only give rise to administrative problems, but also give rise to various implications that can hinder the effectiveness of the law in the formation of regional regulations..This research aims to answer questions regarding the nature of the formation of effective and legally certain regional legal products, the stages of the formation of effective and legally certain regional legal products, and the ideal concept of the process of forming effective and legally certain regional legal products.This research is a normative legal research using the statutory approach, conceptual approach, case approach, and comparative approach. The results of the study indicate that the essence of regional regulations is as a tool to regulate and adjust regional policies according to the needs of local communities, within the limits of authority established by national law. The formation of regional legal products often faces a conflict between formal legal certainty and the effectiveness of implementation that suits regional conditions. The formation of regional legal products must be based on responsible autonomy with limited central oversight, so that the resulting law is participatory, responsive, and maintains the unity of the national system.The recommendation is that the formation of regional regulations must go through systematic and careful stages to ensure their effectiveness and legal certainty. This includes planning, drafting academic papers, discussions, ratification, socialization, implementation, and monitoring and enforcement, all in accordance with higher-level regulations. To ensure regional legal products are effective and legally certain, the formulation paradigm must shift from a normative focus to a contextual, collaborative, and dialogical approach to more responsive regional autonomy.

Concepts :

Access to Document

SDGs

Citations by Year