Factors Inhibiting the Local Regulation-Revoking System in Indonesia

摘要

This research was very important to find out the factors inhibiting the Local Regulation revoking system existing in Indonesia. This study was a juridical sociological research, describing the fact existing in the field to be connected later to the existing rule. Data source employed consisted of primary data obtained by method of collecting data closely related to primary and secondary law materials. The author also used statute approach. This study would provide accurate information related to Local Regulation Trial ending up with revocation or whether or not a Local Regulation trialed through Supreme Court (Judicial Reviewer) is valid, because there is a sufficiently complex problem. Previously, many Local Regulations have been revoked by Republic of Indonesia's Ministry of Interior (Executive Reviewer); this number was even more than that revoked by Supreme Court. It became a new problem to the trialing system existing in Supreme Court because the trialing system existing still has weaknesses, particularly in trialing Local Regulation today, recalling the issuance of Constitution Court's decree No. 56/PTU/MK about the authority of revoking Local Regulation in Indonesia reverting to Supreme Court. Thus, the constraint arising included the legislation existing in Indonesia that should be improved in relation to Local Regulation trialing system either formally or materially and the problem of Local Development, Investment, and Local Regulation Supervision in regions.