AUTHORITY FOR THE DEVELOPMENT AND SUPERVISION OF REGIONAL LEGAL PRODUCTS FROM REGIONAL AUTONOMY PERSPECTIVE

Law Number 23 of 2014 requires local governments to obtain a register number in the formation of the Perda (regional regulation) as part of supervision. Furthermore, Law Number 15 Year 2019 requires Regional Governments to harmonize, unify, and implement conceptions of the formation of Regional Regulations as part of coaching. In the context of regional autonomy, the constitution gives authority to the regions to regulate and manage government affairs by themselves according to the principles of autonomy and duty of assistance as well as to carry out the broadest possible autonomy. The research aims to study and explain the methods and stages used by the central government in fostering and supervising regional legal products from the perspective of autonomy and their material boundaries. The method used in this research is normative legal research method.harmonizing, rounding off and stabilizing conception. While supervision by giving register numbers, clarifications, and cancellations.The limitation of guidance and supervision material is based on the category of legal products classified as facilitation or evaluation.


INTRODUCTION
Article 242 paragraph (3) of Law Number 23 of 2014 concerning Regional Government requires that the Governor is required to submit a draft Provincial Perda to the minister no later than three days from receiving the draft Provincial Perda from the leadership of the Regional People's Representative Council (DPRD) province to obtain a Perda register number. The minister is the minister who holds domestic government affairs. From these provisions, it can be interpreted that for Provincial Perda after obtaining joint approval between the Governor and the Provincial DPRD, it is submitted to the Minister of Home Affairs in order to obtain a register number to be promulgated in regional papers. The same mechanism for the enactment of a Regency/City Regional Regulation must also obtain a register number.

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As also regulated in Article 245 of the Regional Government Law, draft Provincial Perda which regulates the Long-Term Regional Development Plan, Regional Medium-Term Development Plan, Regional Revenue and Expenditure Budget (APBD), APBD amendments, accountability for implementation. APBD, regional taxes, regional levies and regional spatial planning must be evaluated by the Minister before they are determined by the governor. The same is true for Regency/City Regional Regulations concerning the same matter, it's just that the same as giving a register number, the governor as the representative of the Central Government conducts an evaluation of the intended Draft Perda (Perkada). Regarding Perkada, the Regional Government Law in Article 246 paragraph (1) states that to implement the Regional Regulation or with the power of statutory regulations, the regional head determines the Perkada. The provisions regarding the principles of formation and content, as well as the formation of regional regulations as stipulated in the Regional Government Law apply mutatis mutandis to the principles of formation and content, as well as the formation of Perkada. Cancellation of Perda and Perkada is also regulated in the Regional Government Law. The governor is obliged to convey the provincial regulation and governor regulations to the Minister of Home Affairs no later than 7 days after being enacted. The governor who does not submit the provincial regulation and governor regulation to the Minister of Home Affairs as referred to above will be subject to administrative sanctions in the form of a written warning from the Minister. This is based on Article 249 of the Regional Government Law.
In Article 251 of the Regional Government Law, Provincial regulations and governor regulations that are contrary to the provisions of higher laws and regulations, public interest, and/or morality are canceled by the Minister of Home Affairs. Regency/City Regional Regulations and regent/mayor regulations that contradict the provisions of higher laws and regulations, public interest, and/or morality are canceled by the governor as the representative of the Central Government. However, the phrase Provincial Perda and the phrase Regency/City Perda in the Article referred to have been canceled by the Constitutional Court through Decision Number 137/

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PUU-XIII/2015 and Decision Number 56/PUU-XIV/2016. The notion that is contrary to the public interest is a policy which results in disruption of harmony between members of the community, disruption of public order / peace, and policies that are discriminatory in nature (Abdullah, 2010).
In general, the guidance and supervision of regional government administration is regulated in Article 373 of the Regional Government Law, which states that the guidance and supervision of the implementation of regional governance nationally is coordinated by the Minister of Home Affairs.

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The Minister of Home Affairs in the context of implementing the provisions of Article 243 paragraph (3) of the Regional Government Law, which regulates the procedures for granting regional regulations register numbers which are part of the formation of regional legal products and the dynamics of the development of laws and regulations regarding regional legal products, has . This is as stated in the preamble to the said Ministerial Regulation.
The definition of regional legal products regulated in Permendagri Number 80 of 2015 is legal products in the form of regulations including regional regulations (perda) or other names, regional head regulations (perda), DPRD regulations and in the form of decisions covering regional head decrees, DPRD decisions, decisions of the DPRD leadership and decisions of the DPRD honorary bodies. Permendagri Number 80 of 2015 is also stipulated on the grounds that to guarantee legal certainty for the formation of regional legal products, guidelines are needed based on definite, standardized and standardized methods and methods so that they do not conflict with higher Rights to coordinate and chair harmonization meetings. The assignment of senior high ranking officers and/or administrators in the field of laws and regulations is carried out in the framework of the function of guidance and supervision. In addition to providing guidance and supervision, senior high ranking officers and/or administrators in the field of legislation can provide input and substance considerations in the harmonization meeting.
Regarding this provision, the Minister of Home Affairs through letter Number 180/7182/SJ dated 19 September 2018 considered that the provision was against the Regional Government Law.
Article 8 paragraph (1), paragraph (2), and paragraph (3) of the Regional Government Law states that the guidance and supervision of the national administration of Regional Government is coordinated by the minister who is in charge of domestic affairs. Article 242 paragraph (5) of the Regional Government Law states that the minister in charge of domestic affairs carries out guidance and supervision of the draft provincial regional regulation by providing a register number.

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Article 99A of Law Number 15 of 2019 explains that at the time of the formation of ministries or institutions that carry out government affairs in the field of Formation of Laws and Regulations not yet formed, the duties and functions of the Formation of Laws and Regulations are still carried out by the minister who carries out government affairs in the field of law, "in this case the Ministry of Law and Human Rights. With the stipulation of several statutory regulations as described above, there has been a dynamic arrangement regarding the procedures for the formation of regional laws or regional legal products. The implementation of guidance and supervision of regional legal products is lengthy and inefficient, Regional Governments are required to follow the guidance and supervision process in 2 (two) different ministries. The required guidance and supervision results in long stages and requires a relatively short time for a region to be able to determine its regional legal products as the basis or legality of policies to be implemented.
From the perspective of regional autonomy, based on Article 18 paragraph (6) of the 1945 Constitution of the Republic of Indonesia (UUD 1945), regional governments have the right to stipulate regional regulations and other regulations to carry out autonomy and assistance tasks.
Etymologically, autonomy comes from Greek, namely "auto" which means itself, and "nomos" which means regulation. So it can be interpreted as autonomy as its own rules, or "autonomia" which means one's own decisions. Syahda Guruh interpreted it as a condition or characteristic not to be controlled by other parties or outside forces (Jeddawi, 2011). Autonomy is understood by the community and elites in the regions not as a form of responsibility, but as a mere right (Wignyosoebroto, 2005). Autonomy has another meaning than sovereignty (souvreiniteit), where autonomy is an attribute of the State and not an attribute of parts of the State such as Gemeente, Provincie and so on (Sholikin, 2011).
If it is related to the regions, there are many constitutional experts who try to define what regional autonomy is, such as Bagir Manan with his opinion that regional autonomy is ways of dividing authority, duties and responsibilities in regulating and managing government affairs

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between the center and the regions. So with that, the regions will have a number of governmental affairs, either on the basis of submission or recognition, or left as regional household affairs (Manan, 1994). One of the powers that the regions have under the concept of autonomy and decentralization is the regional authority in issuing regional regulations (Kurniawan, 2013).
Based on the problems as outlined above, it is important to examine the authority for the guidance and supervision of regional legal products from the perspective of regional autonomy.
Based on this description, the problem to be investigated is what is the authority of the central government in terms of guidance and supervision of regional legal products from a conceptual perspective. regional autonomy, and what are the material limitations that can be carried out in the guidance and supervision of regional legal products from the perspective of regional autonomy.

1) Central Government Authority in Fostering and Supervision of Regional Legal Products
The provisions of Article 18 paragraph (1)

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into provincial areas and provincial areas are divided into regencies and cities, each of which is a province, districts and cities have regional governments, which are regulated by law. Furthermore, paragraph (2) explains that provincial, regency, and municipal governments regulate and manage their own government affairs according to the principles of autonomy and co-administration. Then paragraph (5) emphasizes that regional governments carry out the widest possible autonomy, except for governmental affairs which are determined by law as the affairs of the Central Government.
Regional government has the right to stipulate regional regulations and other regulations to carry out autonomy and co-administration, this is as emphasized in paragraph (6) of Article 18 above. Finally, paragraph (7) states that the structure and procedures for the administration of regional governments are regulated in law.The concept of regional autonomy in the Republic of Indonesia Indonesia which divides authority between central and regional with the aim of all affairs either compulsory or optional implemented in accordance with their respective authorities.
At this time, to implement the provisions of Article 18 paragraph (7)  Amendment to the Law. 23/2014 on Regional Government (Regional Government Law). This is also as stated in the preamble of letter a of the Regional Government Law.
The Regional Government Law divides government affairs into 3 (three), namely absolute government affairs, concurrent government affairs and general government affairs. Absolute governmental affairs are government affairs which are fully under the authority of the Central Government. Concurrent governmental affairs are governmental affairs that are divided between the central government and provincial regions and regency/city regions. Concurrent governmental affairs submitted to the Regions are the basis for the implementation of Regional Autonomy.
General government affairs are Government Affairs which fall under the authority of the President as head of government.

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Regional authority in the implementation of this autonomy has been indicated by the Regional Government Law in the general explanation that the region as a legal community unit which has autonomy, has the authority to regulate and administer its region according to the aspirations and interests of its people as long as it does not conflict with the national legal order and public interest.
The elucidation of the Regional Government Law states that in order to provide wider space for the regions to regulate and manage the lives of their citizens, the central government in forming policies must pay attention to local wisdom and vice versa when forming regional policies in the form of regional regulations and other policies. Also pay attention to national interests. Thus a balance will be created between synergistic national interests and still paying attention to conditions, peculiarities, and local wisdom in the overall administration of government.
Furthermore, it is explained that "the regions implement regional autonomy which comes from the authority of the president who holds the governmental power. Considering that the final responsibility for administering the government rests with the president, the logical consequence is that the authority to cancel legal products rests with the president. It is not efficient if the president immediately cancels regional law products. The President delegates the authority to cancel the cancellation to the Minister as an assistant to the president who is responsible for regional autonomy.
One of the duties of a regional head as regulated in Article 65 paragraph (1) of the Regional Government Law, namely lead the implementation of governmental affairs become a regional authority based on the provisions laws and regulations and policies set together with the DPRD. To carry out the aforementioned tasks, the regional head has the authority to submit a draft regional regulation, stipulate a regional regulation that has been approved by the DPRD, and stipulate a regional regulation and regional head decrees.
In the case of the formation of Perda and Perkada which are statutory regulations or regional legal products, the Regional Government Law also regulates planning up to the stipulation of Perda

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and Perkada. In fact, the Regional Government Law regulates the process of assigning register numbers to Perda. Regulations for granting register numbers to Perda are regulated, among others, in Article 242 and Article 243 of the Regional Government Law.
Law which are implemented in a definite, standardized manner and method. and standards that bind all institutions authorized to form laws and regulations. Meanwhile, the formation of regional regulations in the Regional Government Law regulates the formation of regional regulations as the basis for the implementation of autonomy and co-administration as stipulated in Article 18 paragraph (6) of the 1945 Constitution of the Republic of Indonesia.
Regulations for granting register numbers in the formation of regional regulations stipulated in the Regional Government Law are part of the arrangements for the administration of regional governance as regulated in the Law as stipulated in Article 18 paragraph (7) of the 1945 Constitution of the Republic of Indonesia. In Article 373 of the Regional Government Law It is stated that the provision of register numbers is part of the guidance and supervision of the implementation of regional government by the central government to the provincial government.

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The Governor as the representative of the Central Government carries out guidance and supervision of the administration of district/city Regional Government, national guidance and supervision is coordinated by the Minister of Home Affairs. To carry out the guidance and supervision of regional legal products as part of the authority mandated in Article 373 of the Regional Government Law, Guided by Chapter VII of the Minister of Home Affairs, the form of guidance is only carried out on the design of regional legal products in the form of regulations. The legal products referred to in this Permendagri are Perda, Perkada, and DPRD Regulations, this is as stipulated in Article 3 of the mentioned Permendagri. As regulated in Article 87, development of regional legal product designs in the form of provincial regulations is carried out by the Minister of Home Affairs through the Director General of Regional Autonomy. Meanwhile, the governor provides guidance for the design of regional legal products in the form of regulations in regencies/cities. Furthermore, in Article 88 and Article 89 it is stated that coaching is carried out in the form of facilitation of the draft Perda, draft Regional Headquarters and/or draft Regulation, and the facilitation is mandatory which is carried out no later than 15 working days after receiving the request for facilitation.  qanun. This means that the involvement of drafters of legislation is very helpful for regions in reducing the cancellation of regional regulations (Isa, Efendi, & Suhaimi, 2020).

Authority for the Development and Supervision of Regional Legal Products …
Kanun Jurnal Ilmu Hukum Sy Masyithah & Faisal A. Rani Vol. 23, Issue 2, (August, 2021), pp. 275-294. 289 Qanun is a statutory regulation similar to a Perda that applies in Aceh based on Law Number 11 of 2006 concerning Aceh Government (Aceh Government Law), its guidance and supervision also applies as described above. This is in accordance with the provisions of Article 235 of the Aceh Government Law which states thatGovernment oversight of qanuns is carried out in accordance with regulations legislation. Except qanun which governs the implementation Islamic law can only be canceled through a judicial review by the Supreme Court.

2) Limitations of Dilable MaterialAkukan Guidance and Supervision of Regional Legal
Products from the Perspective of Regional Autonomy Based on the provisions of Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia, it is stated that regional governments carry out the widest possible autonomy, except for governmental affairs which are determined by law as the affairs of the Central Government. In the case of granting autonomy to regions, it certainly implies the right of each region to manage and regulate regional government independently or independently. One of the implications is that regions are given the right to form and stipulate Regional Regulations and other regulations to implement, regional autonomy (Sulistyo, Antikowati, & Indrayati, 2014). Autonomy is the freedom and independence of lower government units to regulate some government affairs. From the point of view of Indonesian Constitutional Law. Too tight supervision carried out by the Central Government can certainly reduce freedom in the context of implementing autonomy. Local governments will feel shackled and limited working space for decentralization to work optimally to empower local stakeholders in managing their potential to serve and meet community needs.
Meanwhile, on the other hand, if the supervision is not carried out appropriately and proportionally by the Central Government, the regions can move beyond the limits of their authority so that they have the potential to threaten governance within the framework of the Unitary State system (Sulistyo, Antikowati, & Indrayati, 2014).

Kanun Jurnal Ilmu Hukum
Authority for the Development and Supervision of Regional Legal Products … Vol. 23, Issue 2, (August, 2021), pp. 275-294. Sy Masyithah & Faisal A. Rani 290 Freedom in autonomy does not mean without supervision. There should not be an autonomous system that completely eliminates supervision. Freedom of autonomy and control are two sides of one sheet in autonomy. These two sides maintain a pendulum balance between the tendency of decentralization and centralization which can swing excessively (Manan, 2001).
As stipulated in the Regional Government Law, in carrying out Government Affairs which become the authority regions, regional heads and DPRD as administrators regions make regional regulations as the legal basis for internal regions carry out Regional Autonomy in accordance with the conditions and aspirations society as well as the peculiarities of the area.
As explained in the General Elucidation of the Regional Government Law, Perda is made by region only applies within the boundaries of a regional jurisdiction concerned. However, the regional regulations are established by the regions may not conflict with the provisions of laws and regulations of a higher level in accordance with the hierarchy legislation. Besides, the local regulation is part of it from the statutory regulation system must not conflict with the public interest as regulated in the rules drafting a regional regulation.
As described in the above subtitles, the central government has the authority to carry out guidance and control of regional legal products, although in the context of regional autonomy, regional governments can carry out the widest possible autonomy and regional governments regulate and manage government affairs themselves according to the principle of autonomy and duties. assistance.
The Regional Government Law and the Act on the Establishment of Legislative Regulations as well as the implementing laws and regulations of the two laws do not regulate material limitations that can be carried out in the guidance and supervision of regional legal products. The statutory regulations above, regulate the types of material for regional legal products that are classified as facilitation or evaluation as a form of guidance. Meanwhile, the form of supervision of regional legal products which is carried out by providing a register number, cancellation, or

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clarification is not carried out on the material of the regional legal product, but on the type of the regional legal product.
An evaluation of the draft Perda is subject to evaluation, so no guidance is applied in the form of facilitation. Likewise for the draft Perkada which was evaluated, coaching in the form of facilitation was not applied. The material for evaluating the draft perda is: (a) Long-term Regional Development Plans; (b) Regional Medium Term Development Plan; (c) Regional Revenue and Expenditure Budget (APBD), APBD amendments, accountability for APBD implementation; (d) Local tax; (e) Regional Retribution; (f) Regional Spatial Planning; g) industrial development plans; (h) formation, deletion, merging, and/or changing the status of a Village to become a sub-district or a sub-district into a Village.
Meanwhile, the material for which the Perkada design is evaluated is the elaboration of the APBD. Regarding the material for the draft District/City Regional Regulation concerning regional taxes and levies, as well as spatial planning, the form of guidance for these regional legal products In addition to the above forms of guidance, the Minister of Law and Human Rights also harmonizes the draft Perkada, this harmonization is also not limited to the material of certain legal products, but the entire draft Perda and Perkada. This harmonization does not apply to the draft DPRD Regulation. For types of regional law products, supervision is carried out by providing a register number, that is, it is applied to all draft Perda, both the draft Perda which is subject to 292 evaluation and facilitation. In granting the register number, verification is made of the suitability of the evaluation or facilitation. Providing a register number is a requirement for regional heads to enact a regional regulation.
Another oversight for local regulations is clarification. Clarification is made of the regional regulations that have been promulgated. Perda clarification is applied to all materials of the regional regulation that have been promulgated, although previously there has been guidance in the form of facilitation and evaluation and even supervision has been carried out in the form of giving a register number. The form of guidance for Perkada and DPRD Regulations is by cancellation. The cancellation of the two legal products is carried out after receiving a recommendation from the review team appointed by the Minister of Home Affairs or the Governor. The study is carried out to assess the suitability of the regional law product, its compatibility between the results of facilitation or higher legislation, as well as public interest and/or morality. Cancellation of Perkada and/or DPRD Regulations does not limit certain materials.
For regional legal products in Aceh, qanuns which are statutory regulations similar to a regional regulation, central government supervision of qanuns is carried out in accordance with statutory provisions or as described above. As has been applied to the draft Perda, the formation of a Qanun can also be provided with guidance in the form of facilitation, evaluation, harmonization, unification and strengthening of conception. Qanun must also be able to be supervised in the form of giving a register number and clarification. The specificity that is imposed is the supervision of Qanuns, namely the Qanun which regulates material on the implementation of Islamic law, whose supervision is in the form of cancellation through a judicial review at the Supreme Court.

CONCLUSIONS
From the description of the discussion that has been described above, it can be concluded that the authority of the central government in fostering regional legal products by means of facilitation,