Kewenangan Kewenangan Pengharmonisasian, Pembulatan, dan Pemantapan Konsepsi Terhadap Rancangan Peraturan Daerah

Kewenangan Pengharmonisasian, Pembulatan, dan Pemantapan Konsepsi Terhadap Rancangan Peraturan Daerah

Abstract

The purpose of this study to analyze the legal strength of the process of harmonization, refinement, and conceptual solidification of the Draft Regional Regulation (Ranperda) by the Ministry of Law. Additionally, this study evaluates the ideal concept of harmonization to ensure alignment with the principles of regional autonomy and the 1945 Constitution. The research employs a normative juridical method using legislative, conceptual, and historical approaches. The findings indicate that the process of harmonization, refinement, and conceptual solidification of the Draft Regional Regulation still lacks strong and binding legal force. This is because the Ministry of Law's authority is currently based only on a law that lacks implementing regulations and a Circular Letter issued by the Minister of Law and Human Rights, which does not have strong binding power. Essentially, a Circular Letter is merely an internal administrative policy instrument intended to provide guidance or direction within the relevant ministry. It is not a regulation that legally binds the broader public. To establish an ideal regional regulation, synergy between the central and regional governments, public participation, and the formulation of a Government Regulation as a technical guideline are necessary. The study concludes that the harmonization process of the Draft Regional Regulation must be reinforced with higher-level regulations to ensure stronger legitimacy within the national legal system. Therefore, it is recommended that the government immediately draft a Government Regulation or a Presidential Regulation to technically regulate the mechanism for harmonization, refinement, and conceptual solidification of the Draft Regional Regulation.