Legal Implications of Regulating Judicial Review of District/City Regulations in Indonesia

  • Desyanti Desyanti Doctoral Program in Law, Faculty of Law, Universitas Brawijaya, Malang, Indonesia
  • Sudarsono Sudarsono Professor, Lecturer Faculty of Law, Universitas Brawijaya, Malang, Indonesia
  • Muchamad Ali Safa’at Lecturer Faculty of Law, Universitas Brawijaya, Malang, Indonesia
  • Tunggul Anshari Setia Negara Lecturer Faculty of Law, Universitas Brawijaya, Malang, Indonesia
Keywords: Legal Implication, Judicial Review, Local Regulation, District, City

Abstract

This article aims to analyze the legal implications of regulating the judicial review of district/city regulations in Indonesia. The author sees that there is incomplete regulation in the examination of statutory regulations under the law against the law, namely the incomplete set of the regional regulations touchstone, the incomplete set of the scope of the material and formal examination, the incompleteness of the legal standing arrangement, and the incomplete setting of the nature of the trial examination open to the court.  This study uses a normative juridical research method with a statutory approach and a conceptual approach to provide answers to problems. The existence of incomplete regulation in the examination of legislation under the law against the law has legal implications as follows: legal uncertainty scope of material and formal testing, the absence of legal order, violation of the hierarchy of legislation, the loss of the central government's legal position in testing local regulation, and weak supervision of regional regulations by the central government.

Published
2022-01-03
How to Cite
Desyanti, D., Sudarsono, S., Ali Safa’at, M., & Anshari Setia Negara, T. (2022). Legal Implications of Regulating Judicial Review of District/City Regulations in Indonesia. International Journal of Social Science Research and Review, 5(1), 45-55. https://doi.org/10.47814/ijssrr.v5i1.148