Regional Regulation (Perda) is the lowest regulation in the hierarchy system of law regulations in Indonesia despite that it has a strategic meaning in order to give the contents of local autonomy. In principle, various policies in the regional regulation will embody government affairs in the region.
"Unfortunately, in the development of general autonomy implementation, the existence of the strategic regional regulation hasn’t been actualized appropriately," said Enny Nurbaningsih, S.H, M. Hum, Thursday (21/4) during her open exam of UGM law program.
In her dissertation Actualization of Authority Regulation in Regulating Regional Affairs in the Regional Regulation, Study of Wider Autonomy Era, various regional regulations issued during the implementation of wider autonomy in 2001 were outlined, they were always in the spotlight since the implementation in the regional regulation did not reflect the purpose of wider autonomy. In the meantime, the use of regional authorities to regulate the affairs correlates with arrangement of affairs that become the authority of the region.
Enny said that despite using the principle of real autonomy, in a centralized format the region has limited authority which does not allow to control and manage local affairs freely. It happens because the development policy in the centralized system encourages penetration of the state, which does not allow for region discretion in regulating.
"This condition was strengthened by the presence of the preventive control lines (vertical), which produces legal products in region with high level of uniformity. The regional House of Representatives was unable to do much, even local governments seem to act as a mere ‘audience’, because although the region has wealthy natural resources, it does not have the authority to regulate and administer the affairs in accordance with real conditions, "she said in the Law Faculty of UGM.
Therefore, the accumulation of authority restrictions has sparked tensions between the central government and the region, and this reached its peak during the reform era. The House of Representatives also admitted that the implementation of regional autonomy has not been done in proportion to the principles of democracy and justice. "Reform agenda has changed, especially with the publication of Law no. 22, 1999, which implemented wider autonomy," said the Head of UGM Legal Affairs Office.
Unfortunately, Enny said, these changes take place without the adequate transition period. The region is deemed lack of readiness to receive the decentralization process in "total" for the district/city.
Even the various sector regulations are still based on centralized paradigm. In this context the region is faced with the choice between applying the legal norms of regional governance or sectoral legal norms. "Regional regulation seems to bear the ‘burden’ since the formation should be based on various higher laws and regulations," said the lady born in Pangkal Pinang, 27 June 1962.
Starting from this condition, the implementation of regional autonomy produces the disorder in law products publishing, characterized by the law cancellation case. The region is judged to not having the understanding of when regulation should be established in order to run the wider authority. In addition, the makers of regional regulation do not understand the scope of the substance of regional regulation as the implementation of the regional authority. "Moreover, with the presence of duplication and inconsistencies in the regulation of regional regulation’s substance between the Law no. 10, 2004 and law No. 32, 2004 which limits the substance of regional regulation as well as to tighten supervision," the wife of R. Sumendro, SH, and mother of Putri Prajaningrum Nurendra added.