Penerapan Asas-Asas Pembentukan Peraturan Perundang-Undangan dalam Pembuatan Peraturan Daerah

Abstract

The government's interest that is carried by the local government, it's exercises are ruled by the local regulations. This causes the local regulation is getting more the strategic position in the lives of nation to have a state on in another word, the role of regulation in carrying out the government's affairs become great. The strategic position of the regulation in carrying out the government's affairs. It will be running well when the forming of the regulations are done very well but, on the other hand, they will be a boomerang when they are tone worse. So that is why, when they rules to be based on making the local regulation are not clear it is obvious, will appear a problem. The polemic surround of the Local Regulations (PERDA) that is considered to be in trouble appeared to be exposed after appearing the result of investigation of the local regulation observation team that consists in Finance Department, Trade and Industry Department, Tax and cost board and The Domestic Affairs Department that recommends 206 local regulations to the Minister Of finance in order to be canceled by the Minister of Domestic Affair. Before this, the Indonesian Commerce and Industry (KADIN) has ever had on observation and found 1.006 the Local. Regulations around Indonesia that were considered to the world business. The matters are mentioned above related of the materials that are ruled by the local regulations. Besides that, there are same principles that should be paid attention in the bill planning technique of the out of regulation by Van der Vlies divided into two principles, they are formal principles and material principles that are valid in Indonesia and has been modified by A. Hamid S, Attamimi , in practice, forming the local regulations, some of them not paying attention those principles. Based on the back ground above, appeared the problems, why do the forming of the act regulation principles have to be an orientation in forming the local regulations ? what are the live base of being validity the principles of the local act regulations in making the local regulations ? are there any alive the act regulations that living in society that will be able to make as principles of local act regulations ? the method that is used to study those problems is normative law. The results are the positions of the act regulations in forming the local regulations is able to be categorized in to the existence of the local act regulations. The base of validating the forming principles of the act regulations in the local regulations in the concept of the state rule that obliged to the government ( in broad meaning ) should be based on the system of constitutionalism principles and made it true the principles in equity before the law. There are the alive principles in society but they aren't accommodated yet that are ruled in acts No. 10 in 2004 and the acts No. 32 in 2004 are called, ngigelan jeung ngigelkeun dan asas ulah getas harupateun meanwhile, generally, the measurement definite that the forming principles of the legislations are implemented in making the local regulations that the local regulations that are derived to guarantee to create the legal orders, Law enforcements, and the goal of law.