ALTERNATIVE IMPLEMENTATION OF REGULATIONS ON TAKING OVER REGIONAL GOVERNMENT AUTHORITIES BY THE CENTRAL GOVERNMENT

This research examines regulations regarding administrative sanctions for taking over regional government authority in administering business permits in the region and alternatives for their implementation. This research uses a normative method with a statutory and conceptualization approach. The research results conclude that administrative sanctions for taking over regional government authority are regulated in Government Regulation 6 of 2021 concerning the implementation of licensing efforts in the regions. However, Government Regulation 6 of 2021 still generally regulates the procedures for taking over authority and indicators of the conditions for implementing regional government authority in business licensing, subject to administrative sanctions. So, in enforcing it, the central government needs to refer to the Law on Regional Government and Government Regulation Number 12 of 2017 concerning the Development and Supervision of Regional Government Implementation. Second, before administrative sanctions are given, the central government should provide alternative legal policies through supervision and training through particular facilitation policies as regulated in Government Regulation 12 of 2017. Forms of special facilitation include a) direct involvement in the formulation and direction of the implementation of business licensing; b) advocacy and review of business licensing implementation; c) analysis of possible impacts; d) choice of risk reduction actions; e) allocation of available state civil servants; and f) other forms of special facilities.

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Publication Details

Journal
Petita Jurnal Kajian Ilmu Hukum dan Syariah
Published
2024-09-05
DOI
https://doi.org/10.22373/petita.v9i2.343
Primary Topic
EU Law and Policy Analysis
Type
article
Field-Weighted Citation Impact
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article

ALTERNATIVE IMPLEMENTATION OF REGULATIONS ON TAKING OVER REGIONAL GOVERNMENT AUTHORITIES BY THE CENTRAL GOVERNMENT

Muhammad Addi Fauzani
Petita Jurnal Kajian Ilmu Hukum dan Syariah
EU Law and Policy Analysis
article

ALTERNATIVE IMPLEMENTATION OF REGULATIONS ON TAKING OVER REGIONAL GOVERNMENT AUTHORITIES BY THE CENTRAL GOVERNMENT

Muhammad Addi Fauzani
article en

Abstract

This research examines regulations regarding administrative sanctions for taking over regional government authority in administering business permits in the region and alternatives for their implementation. This research uses a normative method with a statutory and conceptualization approach. The research results conclude that administrative sanctions for taking over regional government authority are regulated in Government Regulation 6 of 2021 concerning the implementation of licensing efforts in the regions. However, Government Regulation 6 of 2021 still generally regulates the procedures for taking over authority and indicators of the conditions for implementing regional government authority in business licensing, subject to administrative sanctions. So, in enforcing it, the central government needs to refer to the Law on Regional Government and Government Regulation Number 12 of 2017 concerning the Development and Supervision of Regional Government Implementation. Second, before administrative sanctions are given, the central government should provide alternative legal policies through supervision and training through particular facilitation policies as regulated in Government Regulation 12 of 2017. Forms of special facilitation include a) direct involvement in the formulation and direction of the implementation of business licensing; b) advocacy and review of business licensing implementation; c) analysis of possible impacts; d) choice of risk reduction actions; e) allocation of available state civil servants; and f) other forms of special facilities.

Petita Jurnal Kajian Ilmu Hukum dan SyariahVol. 9(2)
Islamic University of Indonesia (ID)
Openalex Percentile: Top 69%
EU Law and Policy Analysis
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