Problem of Making Local Regulation : Actualization of Regulating Authority in the Era of Broad Autonomy
Title of book: Problematic Formation of Regional Regulations, Actualization of Regulatory Authority in the Era of Broad Autonomy
Author: Prof. Dr. Enny Nurbaningsih, S.H., M.Hum.
Publisher / Year: Rajawali Press, 2019
In the midst of his busy life as a Constitutional Court judge, Prof. Dr. Enny Nurbaningsih, S.H., M.Hum, was able to complete a book entitled “Problems in the Formation of Regional Regulations, Actualization of the Authority to Regulate in the Era of Broad Autonomy” with a thickness of 412 pages.
This book is actually the work of his dissertation while studying at the Faculty of Law, Gadjah Mada University, Yogyakarta. As a result of scientific work, of course, in terms of theoretical weight and its writing, it is very deep, but it is written in a flowing and interesting way to read. Reference books on regional regulations like this are rarely found, especially those that have in-depth legal theory weight and are written by an expert in constitutional law.
Well, I will review the contents of this book. As an initial description, Prof. Enny Nurbaningsih, conveyed the existence of a tug of power between the central and regional governments since the establishment of the Indonesian state. In fact, he also explained the views of the nation’s founders such as Soekarno, Mohammad Hatta, Soepomo, and Mohammad Yamin, when formulating the Indonesian state constitution, and how the relationship between the central government and the regions.
We know that the founders of this nation, Soekarno and Hatta, liberated the Republic of Indonesia de jure by claiming the entire territory of the archipelago consisting of islands from Aceh to Papua, which was the former territory of the Majapahit kingdom, as the sovereign territory of the independent Republic of Indonesia. The claim was without first seeking the approval of the rulers in the areas separated by the islands.
The founders of the nation chose the form of a unitary state, not federal. The form of the unitary state is considered to be the most suitable with the character of the Indonesian nation. With the form of a unitary state, it is understood that there is only one governmental power, namely in the central government, while regional governments are given the delegation of powers. This is different from the form of a federal state, where there are states that have separate powers that the central government cannot take over.
However, the views of the founders of this nation at the beginning of the formation of the Republic of Indonesia, there are slight differences. Soekarno and Soepomo wanted a unitary state with an integralistic concept. Soepomo was of the view that the integralistic or kinship concept was suitable to be applied in Indonesia. The integralistic concept views the unity between the leader and the people. He considered that the concept of separation of power in the style of John Locke and Montesquiue was not suitable to be applied in Indonesia. According to Montesquiue, the concept of separation of powers is that in one country there are executive, legislative and judicial powers.