Sentralisasi Kewenangan Executive Preview Pemerintah Pusat Terhadap Harmonisasi Rancangan Peraturan Kepala Daerah

The phenomenon of over-regulation in Indonesia, which is characterized by overlapping regional and central regulations, often causes legal disharmony. This study focuses on the analysis of the impact of centralization of authority in the harmonization process of the Draft Regional Head Regulation (Raperkada) after the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation focuses on the analysis of the impact of centralization of authority in the harmonization process of the Draft Regional Head Regulation. This study uses a normative legal approach with a statutory analysis method (statute approach), a historical approach, and a conceptual approach. The results of the study show that policy changes through Law of the Republic of Indonesia No. 13/2022, which mandates the role of the Ministry of Law and Human Rights in the harmonization of the Raperkada, have created the potential for dualism of authority between the Ministry of Law and Human Rights and the Ministry of Home Affairs (Kemendagri) which were previously responsible for this harmonization process. The government's efforts to address this issue involve revising laws that strengthen the role of the central government, particularly the Ministry of Law and Human Rights (Kemenkumham) in implementing executive previews of the Raperkada. There is a need for more comprehensive regulatory reform to strengthen the harmonization framework with an emphasis on increasing coordination between institutions and affirming the role of each agency in the harmonization process. This harmonization process is intended to ensure that the Raperkada is consistent with higher regulations and does not conflict with national interests. Thus, it is hoped that the resulting regional regulations can be more effective in addressing local issues without causing conflict with national regulations.

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Publication Details

Journal
Widya Yuridika
Published
2025-09-04
DOI
https://doi.org/10.31328/wy.v8i2.6441
Primary Topic
Public Administration in Developing Nations
Type
article
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article

Sentralisasi Kewenangan Executive Preview Pemerintah Pusat Terhadap Harmonisasi Rancangan Peraturan Kepala Daerah

Nela Erdianti, Adhitya Widya Kartika
Widya Yuridika
Public Administration in Developing Nations
article

Sentralisasi Kewenangan Executive Preview Pemerintah Pusat Terhadap Harmonisasi Rancangan Peraturan Kepala Daerah

Nela Erdianti, Adhitya Widya Kartika
article en

Abstract

The phenomenon of over-regulation in Indonesia, which is characterized by overlapping regional and central regulations, often causes legal disharmony. This study focuses on the analysis of the impact of centralization of authority in the harmonization process of the Draft Regional Head Regulation (Raperkada) after the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation focuses on the analysis of the impact of centralization of authority in the harmonization process of the Draft Regional Head Regulation. This study uses a normative legal approach with a statutory analysis method (statute approach), a historical approach, and a conceptual approach. The results of the study show that policy changes through Law of the Republic of Indonesia No. 13/2022, which mandates the role of the Ministry of Law and Human Rights in the harmonization of the Raperkada, have created the potential for dualism of authority between the Ministry of Law and Human Rights and the Ministry of Home Affairs (Kemendagri) which were previously responsible for this harmonization process. The government's efforts to address this issue involve revising laws that strengthen the role of the central government, particularly the Ministry of Law and Human Rights (Kemenkumham) in implementing executive previews of the Raperkada. There is a need for more comprehensive regulatory reform to strengthen the harmonization framework with an emphasis on increasing coordination between institutions and affirming the role of each agency in the harmonization process. This harmonization process is intended to ensure that the Raperkada is consistent with higher regulations and does not conflict with national interests. Thus, it is hoped that the resulting regional regulations can be more effective in addressing local issues without causing conflict with national regulations.

Widya YuridikaVol. 8(2)
University of Pembangunan Nasional Veteran Jawa Timur (ID)
Openalex Percentile: Top 72%
Public Administration in Developing Nations
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