Lecturer in Law from Universitas Jenderal Soedirman (Unsoed), Abdul Aziz Nasihuddin, has earned a doctorate from Faculty of Law UGM recently after defending his dissertation entitled Judicial Review of Bylaws by the Supreme Court.
The Supreme Court's verdict on review of bylaws, according to Aziz, can affect the empowerment of regions. Between years 2004-2014 there were 342 verdicts, 5 of which on regional empowerment.
“But in fact, the Supreme Court's verdict has not affected the regional empowerment,” said Aziz.
Aziz studied bylaws that are annulled by the Home Affairs Minister between 2004-2014. Later, regents/mayors requested for a judicial review from the Supreme Court.
His research showed developments or dynamic legal grounds of the implementations of judicial review. One of the effects of such review is to giving same opportunities to society, members of society, legal institutions, and regional governments to request for a judicial review from the Supreme Court.
Besides, according to Aziz, normative barriers in the Law No. 32 Year 2004 on Regional Government especially on inconsistent articles may make the verdicts biased. Aziz said this could weaken the regional empowerment.
“As such, there has to be synchronicity and harmony between regulations that regulate judicial reviews. An agency also needs to be formed that acts as harmoniser, evaluator, and decision maker of regulatory products under the laws that are issued," he said.