Misperceptions of the Government's Authority to Provide Legal Aid in Review of Hierarch Legislation

The misperception of authority within the Metro City Regional Government has led to inconsistencies between Law Number 16 of 2011 and Metro City Regional Regulation Number 16 of 2013 regarding the implementation of legal aid. This misperception has also created a legal vacuum, as the Ministry of Home Affairs Regulation mandates the mandatory authority of the Regional Government, which is ignored in providing legal aid to the Minister, Regional Head/Deputy Regional Head, CPNS/PNS, while the Regional Government focuses more on regulations regarding legal aid for the poor. This research uses a qualitative approach to gain a deeper understanding of the law and regulation formation process. The data sources were obtained directly from the Metro City Regional Government, specifically from the Legal Section handling legal aid, as well as through social media, news websites, and government websites related to the archives of the formation of Regional Regulation Number 6 of 2013. The data analysis adopts Hans Kelsen's theory in General Theory of Law and State and the theory of the hierarchy of laws and regulations. Given the misperception that causes inconsistencies and a legal vacuum, a review of the existing regulatory hierarchy system is needed. To address this, it is necessary to review the local regulation to align it with Law Number 16 of 2011, through mechanisms such as judicial review or revisions by the local legislative body, although until now, there has been no follow-up from the Metro City Regional Government or the Provincial Government.

Authors

Institutions

Publication Details

Journal
Jurnal Mahkamah Kajian Ilmu Hukum Dan Hukum Islam
Published
2024-12-24
DOI
https://doi.org/10.25217/jm.v9i2.5073
Citations
2
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
8.15
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Misperceptions of the Government's Authority to Provide Legal Aid in Review of Hierarch Legislation

Muhammad Syakir, Hendra Irawan, Afdal Makkuraga Putra, Nyimas Lidya Putri et al.
2 citations
Jurnal Mahkamah Kajian Ilmu Hukum Dan Hukum Islam
Legal Studies and Policies
8.15
article

Misperceptions of the Government's Authority to Provide Legal Aid in Review of Hierarch Legislation

Muhammad Syakir, Hendra Irawan, Afdal Makkuraga Putra, Nyimas Lidya Putri, Roro Hanum
article en
2 citations

Abstract

The misperception of authority within the Metro City Regional Government has led to inconsistencies between Law Number 16 of 2011 and Metro City Regional Regulation Number 16 of 2013 regarding the implementation of legal aid. This misperception has also created a legal vacuum, as the Ministry of Home Affairs Regulation mandates the mandatory authority of the Regional Government, which is ignored in providing legal aid to the Minister, Regional Head/Deputy Regional Head, CPNS/PNS, while the Regional Government focuses more on regulations regarding legal aid for the poor. This research uses a qualitative approach to gain a deeper understanding of the law and regulation formation process. The data sources were obtained directly from the Metro City Regional Government, specifically from the Legal Section handling legal aid, as well as through social media, news websites, and government websites related to the archives of the formation of Regional Regulation Number 6 of 2013. The data analysis adopts Hans Kelsen's theory in General Theory of Law and State and the theory of the hierarchy of laws and regulations. Given the misperception that causes inconsistencies and a legal vacuum, a review of the existing regulatory hierarchy system is needed. To address this, it is necessary to review the local regulation to align it with Law Number 16 of 2011, through mechanisms such as judicial review or revisions by the local legislative body, although until now, there has been no follow-up from the Metro City Regional Government or the Provincial Government.

Jurnal Mahkamah Kajian Ilmu Hukum Dan Hukum IslamVol. 9(2)
Institut Agama Islam Negeri Bengkulu (ID), State University of Gorontalo (ID)
Openalex Percentile: Top 2%
Legal Studies and Policies
8.15
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.