| Home

Overview


Original Research

ESTABLISHING EFFECTIVE AND LEGALLY CERTAIN REGIONAL LEGISLATION

AANG RIZAL ZAMRONI 1, GATOT DWI HENDRO WIBOWO 2, MINOLLAH 3, and KAHARUDDIN 4.

Vol 20, No 08 ( 2025 )   |  DOI: 10.5281/zenodo.16833424   |   Author Affiliation: University of Mataram, Mataram, Indonesia - 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 25-36   |   Published on: 12-08-2025

Abstract

The conflicting norms in the division of authority between the Ministry of Law and Human Rights

(Kemenkumham) and the Ministry of Home Affairs (Kemendagri) in the process of harmonization and

facilitation of Draft Regional Regulations (Raperda) not only give rise to administrative problems, but also give

rise to various implications that can hinder the effectiveness of the law in the formation of regional

regulations. This research aims to answer questions regarding the nature of the formation of effective and legally

certain regional legal products, the stages of the formation of effective and legally certain regional legal

products, and the ideal concept of the process of forming effective and legally cer tain regional legal

products. This research is a normative legal research using the statutory approach, conceptual approach, case

approach, and comparative approach. The results of the study indicate that the essence of regional regulations is

as a tool to regulate and adjust regional policies according to the needs of local communities, within the limits of

authority established by national law. The formation of regional legal products often faces a conflict between

formal legal certainty and the effectiven ess of implementation that suits regional conditions. The formation of

regional legal products must be based on responsible autonomy with limited central oversight, so that the

resulting law is participatory, responsive, and maintains the unity of the nati onal system. The recommendation is

that the formation of regional regulations must go through systematic and careful stages to ensure their

effectiveness and legal certainty. This includes planning, drafting academic papers, discussions, ratification,

socia lization, implementation, and monitoring and enforcement, all in accordance with higher level regulations.

To ensure regional legal products are effective and legally certain, the formulation paradigm must shift from a

normative focus to a contextual, coll aborative, and dialogical approach to more responsive regional autonomy.


Keywords

Reconstruction, Regional Legal Products, Effective