THE CONCEPT OF CENTRAL GOVERNMENT OVERSIGHT OF REGIONAL REGULATIONS IN THE FRAMEWORK OF REGIONAL AUTONOMY BASED ON THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA
Oversight of regional regulations (Perda) by the central government, which involves multiple institutions, is currently carried out by various bodies including the executive, legislative, judicial branches, and state agencies formed by the President. In the executive branch, oversight is conducted by several central agencies such as the Ministry of Home Affairs, the Ministry of Law and Human Rights, the Ministry of Agrarian Affairs and Spatial Planning, and the Ministry of Finance. Legislative oversight is performed through the Regional Representative Council (Dewan Perwakilan Daerah). However, the question arises whether oversight of Perda should involve multiple central government agencies. Isn’t it the case that involving several institutions in overseeing Perda can make the regulation-making process inefficient? On the other hand, local governments need specific regional regulations, such as tax regulations, regional retribution regulations, and spatial planning regulations, to be enacted promptly according to higher laws. Yet, these regulations are often delayed due to the lengthy processes of harmonization, evaluation, and facilitation. Therefore, the concept of central government oversight of Perda that is needed today is preventive-coordinative oversight. This concept means that to maintain consistency and coherence between Perda and higher regulations, central government oversight should focus on prevention from the planning and drafting stages. This should be done in coordination with the Ministry of Law and Human Rights, which represents the central government in harmonizing higher legislation with regional regulations. With this approach, the potential for disharmony between Perda and higher laws can be prevented from the outset. Meanwhile, the Ministry of Home Affairs will no longer conduct evaluations of Perda but will only provide registration numbers for the Perda.
Regional Regulation; Central Government; Regional Autonomy.