Pengaturan Ketentuan Sanksi Pidana Dalam Peraturan Daerah
| Main Author: | Hasnan |
|---|---|
| Other Authors: | Syahrin, Alvi, Marlina, Nasution, Faisal Akbar |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/35603 |
Daftar Isi:
- The authority to establish a regional regulation is an attribution to manage the region, and the establishment of a regional regulation constitutes the delegation of authority from the central government to the regional government. A regional regulation is also a regulation which implements another regulation above it and accommodates the region’s specific condition. The policy to specify criminal penalty in a regional regulation indicates that the regional legislative wants to criminalize certain acts in its regional regulation. The research was judicial normative in which the problems appeared in the research were analyzed through legal principles and referred to legal norms found in the legal provisions. The researcher used the theory of legal objective and the theory of decentralization in order to see whether the implementation of the regional regulations in Medan from 2009 until 2011 were relevant to Law No. 32/2004 on Regional Administration in Article 143, paragraphs 2 and 3 and to Law No. 12/2011 on the Establishment of Legal Provisions in Article 15. The policy of imposing criminal sanction in the Regional Regulation has been referred to the kinds of criminal act stipulated in Article 10 of the Penal Code in which the principal punishment is detention or fine. Besides using criminal sanction as it is regulated in the Penal Code, regional regulation also uses administrative sanction. The use of criminal sanction in the Administrative Act is only to give warning (prevention) in order that the substance of the statutory provision is not violated. The kinds of criminal sanction used in this regional regulation are closely related to the weight and the qualification of criminal act found in the Regional Regulation. Referring to the division of the punishable act qualification in the Penal Code which consists of crime and violation, Law No. 32/2004 on Regional Administration generally qualifies criminal act in the Regional Regulation as a violation. Regulating criminal sanction in the Regional Regulation in Medan is judicial normatively allowed, but specifying criminal sanction in the regional regulation with six-month detention and two years of imprisonment is not appropriate because, if any kind of criminal sanction can be specified in a regional regulation following the regulation above it, the implementation of the sanction will be complicated. The results of the research showed that a Regional Regulation should have clear definition in regulating criminal sanction according to Law No. 32/2004 on Regional Administration and Law No. 12/2011 on the Establishment of Legal Provisions. The formulation article which should be corrected is “the Provincial Regulation and the Municipal Regulation which regulate detention or fine implied in paragraph 2 as they are stipulated in other legal provisions,” and the formulation of phrase which should be corrected is “...besides what is intended in paragraph 2, according to what is stipulated in other legal provisions” so that the definition of regulating criminal sanction in the Regional Regulation can be clearly understandable.
- 107005006