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All Journal HUKMY : Jurnal Hukum Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Fathorrahman Fathorrahman
Universitas Ibrahimy
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Birokrasi: Jurnal Ilmu Hukum dan Tata Negara

 1 
Problematik Pengaturan Pembatalan Peraturan Desa Fathorrahman Fathorrahman
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.574

Abstract

Village Regulations according to Article 8 of the PPP Law are considered part of statutory regulations. This is in line with the previous PPP Law which placed Perdes as part of the Regional Regulations. With the recognition that Perdes are part of the national legal regulation system, the reversal also follows the regime of annulment of legislation. In the existing retaliation regime, it must go through judicial instruments, namely through the MK and MA. Particularly for village regulations, because their position is under the law, they go through the MA institution. However, the mechanism is regulated differently in the Village Law. The method used is the juridical-normative research model. From this research, there are several illustrations that the model for canceling Perdes regulated in the Village Law is a problem. Both from the aspect of the regulatory model and from the theoretical aspect.
Mekanisme Pembatalan Peraturan Desa dalam Tinjauan Konstitusi dan Peraturan Perundang-Undangan Samiah S; Fathorrahman Fathorrahman
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.577

Abstract

Village regulations are one of the many types and forms of statutory regulations. As part of legal products in the national legal system, regulations follow the regime of statutory regulations. In the statutory regime, the model for canceling a product that is considered contradictory is with various models. The model is regulated in the constitution, especially regulations whose hierarchy are under the law through the Supreme Court. Does the Perdes annulment model also follow this regime? In this study, the type of research used is normative-juridical with a statutory approach. From this study it can be concluded that the model for canceling village regulations is different from the cancellation regime in general. This is explicitly regulated in the Village Law. The cancellation was not through a court model, but by the agency above it, namely the regent.
Co-Authors Ahmad Yunus Dairani Dairani Faradilla Mutiara Nisa Heriyanto Heriyanto Mohammad Ali Hofi Muhamad Yasin Samiah S