"As an institution that synchronizes and harmonizes regulations with all laws in Indonesia, the Law and Human Rights Ministry will discontinue the proceedings for regulations made by the regional government, should they contradict the law," the head of formulation and harmonization of the law and human rights minister's draft regulation at the Law and Human Rights Ministry, Dr. Ferry Gunawan, noted in his statement received here on Wednesday.
Whenever a ministry or other institution proposes a new regulation, the Law and Human Rights Ministry always takes part in the process in order to gain an understanding of the details of that issuance, so they can integrate it with the law, he noted.
"When the Law and Human Rights Ministry conducts the synchronization and harmonization process, and it turns out that the regulation contradicts the law or regulation with higher hierarchy, then the regulation can be (cancelled)," he stated.
The ministry has the authority to reject regulations issued by the regional government, he pointed out. Hence, the regional government has to pursue communication with the central government, associates, and the public in formulating new regulations.
"(This has to be done), so that the central government, people, and associates know the intended purpose of that regulation," he explained.
The regulation must not instead turn out to be counterproductive, for instance, the issued regional regulation impedes the progress in the development of the national digital economy, Gunawan pointed out.
Both the central and regional governments must take into account the national digital infrastructure, as it serves as the backbone of the digital economy. It is necessary for them to create a legal basis to ensure the growth of digital infrastructure, he remarked.
He reminded that although Indonesia adopts a regional autonomy system, which allows regional governments to enact their own regulations and arrangements, those should comply with the law made by the central government.
According to article 58 of Law Number 13 of 2022 about second amendment of Law Number 12 of 2011 on law formulation, the ministry has the authority to harmonize, complete, and revise the draft of regional regulations.
"All regulations in the regional scope must follow the law, and the same case with the regional government wanting to make a regulation on Integrated Utility Network," he remarked.
Gunawan remarked that the regulation must match other relevant laws, for instance, Government Regulation in Lieu of Law on Job Creation.
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Translator: M Zulfikar, Mecca Yumna
Editor: Rahmad Nasution
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