Journal Executive Review Role in the Implementation of National Regulations Arrangement

Executive Review Role in the Implementation of National Regulations Arrangement

Abstract

The President’s Instruction to accelerate national strategic projects and regulations arrangement was followed up by an Instruction from the Minister of Internal Affairs to void and amend regional regulations, at which point the central government announced that it had annulled thousands of regional regulations in 2016. Based on Chapter 251 Statute of the Regional Government law, it is justified for the government to annul laws and regulations without going through a judicial review procedure by the judiciary authority. It became a polemic when the issue of annulment and repealing the regional regulation was compared to the authority to review regional regulations by the Supreme Court, so that a lawsuit was filed for a judicial review of the Statute of the Regional Government law by the Constitutional Court. The Constitutional Court declared that the annulment of the regional regulation by the central government was contrary to the Indonesian Constitution and had no binding legal force. However, with the issuance of Indonesian Statute Number 13 of 2022 concerning the Second Amendment to Indonesian Statute Number 12 of 2011 concerning the Establishment of Laws and Regulations, the authority to annul regional regulations by the central government seems to have been revived. With the acknowledgment of the omnibus method in Indonesian Statute Number 13 of 2022, the annulation of regional regulations by the executive branch becomes a matter that legally and formally no longer breaks the judicial review authority of the judiciary institution. By this reality, then how exactly the ideal norms are implemented in creating regulatory harmony between the central governments and the regions, becomes interesting for further research.

Keywords: Executive Review; Omnibus Method; Regulations Arrangement.