IMPLEMENTATION OF HUMAN RIGHTS PARAMETERS IN THE ESTABLISHMENT OF REGIONAL REGULATIONS IN TOBA SAMOSIR REGENCY

Yuli Rosdiana

Abstract


The importance of guidance for human rights material as the reference in regulating and limiting human rights in legislation, especially Regional Regulation is the values of human rights to be realized by the involvement and intervention of government/local governments in the form of regulations. The research method used in this writing is normative legal research method with empirical data. The main data in this research is secondary data. There are 3 (three) Regulations of the Regency of Toba Samosir that optimally accommodate the parameters of human rights in making the Regional Regulation. However, there is 1 (one) Regional Regulation that has 2 (two) indicators of parameters of human rights that have yet to be fulfilled. Suggestively, the Government to make a special regulation related to The Parameters of Human Rights in Regional Regulation Making that will be guidance for Provincial/Regency/Municipal Governments in making their Regional Regulations, so that they will be more measured in viewing Human Rights and it is also suggested for the Government of Regency of Toba Samosir in accommodating implemented parameters of human rights in making the Regional Regulations by involving the Regional Office of the Ministry of Law and Human Rights both in the harmonization, discussion and finalization of conception of the Draft Regional Regulation.

Keywords: Parameters, Human Rights, Regional Regulation.


Full Text:

PDF

References


Assidiqie, Jimly., Pokok-Pokok Hukum Tata Negara Indonesia Pasca Reformasi, Jakarta: BIP, 2008

Kelsen, Hans., General Theory of Law and State, New York: Russel, 1961.

Pakpahan, Rudy Hendra., Pengujian Perda Oleh Lembaga Eksekutif dan Yudikatif, (Tesis: Sekolah Pascasarjana Universitas Sumatera Utara-Medan), 2009.

Sihombing, Eka NAM., Perkembangan Kewenangan Pembatalan Perda dan Peraturan Kepala Daerah Kajian Putusan Mahkamah Konstitusi Nomor 137/PUU-XIII/2015 dan Nomor 56/PUU-XIV/2016.Jurnal Yudisial, Vol.10 No.2 (2017).

Constitution of the Republic of Indonesia year 1945.

Law No. 23/2014 on Local Government, (Statute Book of 2014 No. 244, Supplement to Statute Book No. 5587).

Law No. 39/1999 on Human Rights, (Statute Book of the Republic of Indonesia of 1999 No. 165, Supplement to Statute Book No. 3866).

Law No. 12/2011 on the Establishment of Legislation, (Statute Book of 2011 No. 82, Supplement to Statute Book No. 5234).

Joint Regulation of the Minister of Law and Human Rights and Minister of Home Affairs No. 20 of 2012 and No. 77 of 2012 concerning Parameters of Human Rights in the Establishment of Regional Regulations.

Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 24 of 2017 concerning Guidelines for Human Rights Content Materials in the Establishment of Legislation.




DOI: https://doi.org/10.30596/nomoi.v2i1.6738

Refbacks

  • There are currently no refbacks.