Regulation Synchronization, Ministry Of Law And Human Rights Affirms Not A Regional Regulation Process Contrary To Law

Kemenkumham Building in Jakarta. (doc. Secretariat General of the Ministry of Law and Human Rights)

JAKARTA - The Ministry of Law and Human Rights (Kemenkumham) emphasized that it will not continue the process of regulating regional regulations that are contrary to a law.

"As an institution that synchronizes and harmonizes the regulations of all legislation in Indonesia, the Ministry of Law and Human Rights will not continue the regulatory process made by the local government if it is contrary to the law," said Head of the Dr. Ministry of Law and Human Rights Dr. Ferry Gunawan in his statement, Wednesday, March 8, confiscated by Antara.

Ferry said that when forming ministerial regulations or regulations issued by other state institutions, the Ministry of Law and Human Rights was always involved. The goal is that the Ministry of Law and Human Rights understands the issue so that it is easy to synchronize and harmonize regulations.

Based on the authority possessed, the Ministry of Law and Human Rights can reject regulations made by local governments so that when local governments want to make draft regional regulations they must communicate with the central government, associations and the community.

"The goal is for the central government, the community and associations to know the direction of the policy. Because, do not let the local government's regional regulations hinder national economic growth, including Indonesia's digital economy," he said.

The central and regional governments must see the implementation of digital infrastructure in Indonesia, which is currently part of a national strategic program promoted by President Joko Widodo because the main pillar of the digital economy is digital infrastructure.

Currently, added Ferry, it is important for the central and regional governments in compiling and forming laws and regulations for the implementation of digital infrastructure.

"When the Ministry of Law and Human Rights conducts a synchronization and harmonization process, it turns out that the regulation is against the law or regulations with a higher hierarchy, then the regulation can be returned," he said.

In fact, when the Ministry of Law and Human Rights is not involved in the process of forming legislation, the process of forming the legislation can be asked to start from scratch.

Although Indonesia adheres to regional autonomy that provides the local government's freedom to regulate its own territory and makes regulations, Ferry emphasized that the regional regulations made must be in line with the laws and regulations issued by the central government.

Based on Article 58 of Law 13 of 2022 concerning the Second Amendment to Law 12 of 2011 concerning the Establishment of Legislation Regulations, the Ministry of Law and Human Rights has the authority to harmonize, round up, and establish the conception of draft regional regulations.

"All regulations in the regions must comply with the applicable law, including when the local government wants to make regulations regarding the Integrated Utilities Network Facilities (SJUT)," he said.

"These regulations must be in accordance with Perppu 2 of 2022 concerning Job Creation and other laws. In issuing regulations, there are clear guidelines contained in Law Number 12 of 2011 concerning the Establishment of Legislation," said Ferry.