1. Home
  2. › Article

Reconfiguring Regional Regulation Oversight in Indonesia: Constitutional Limits, Judicial Review, and Central Government Authority

Vol. 4 No. 1 (2025): IJSECS

Walim Walim (1)

Keywords: Regional regulations , judicial review , regional autonomy , constitutional court , executive oversight

Abstract

This research discusses the changes in regional regulation supervision in Indonesia after the Decision of the Constitutional Court Number 137/PUU-XIII/2015 and Number 56/PUU-XIV/2016. This research examines the constitutional boundaries of the central government authority, preventive supervision, and judicial review. This study uses normative legal research and applies statutory, conceptual and case approaches. Legal materials were collected through library research and analyzed through grammatical, systematic and teleological interpretation. The results showed that the two decisions of the Constitutional Court limited the executive’s power to revoke the Regional Regulations that have been promulgated and confirmed the role of the Supreme Court in the judicial review. But the reforms also point up problems of ensuring regulatory consistency, enhancing preventive supervision and providing effective judicial remedies. In an effort to overcome these challenges, the present study proposes an integrated oversight framework that combines preventive executive supervision, judicial review and administrative coordination within constitutional and statutory boundaries. The framework focuses on assessment and harmonisation of draft Regional Regulations, clearer institutional responsibilities, better coordination between central and regional governments, and more effective judicial review procedures. It also says that administrative and fiscal measures must have an express legal basis and cannot be used as indirect instruments for the repeal of enacted Regional Regulations. The proposed framework seeks to promote legal certainty and regulatory consistency, while protecting regional autonomy and the independence of the judiciary.

References