PEMBATALAN PERATURAN DESA OLEH BUPATI (Studi Keputusan Bupati Bojonegoro dalam Pembatalan Peraturan Desa Glagahwangi Kecamatan Sugihwaras Kabupaten Bojonegoro)

Edi Purnawan, NIM.: 17103040103 (2021) PEMBATALAN PERATURAN DESA OLEH BUPATI (Studi Keputusan Bupati Bojonegoro dalam Pembatalan Peraturan Desa Glagahwangi Kecamatan Sugihwaras Kabupaten Bojonegoro). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The position of village regulation is no longer in the type and hierarchy of legislation, after the enactment of Law No. 12 of 2011 concerning the Establishment of Legislation as updated with Law No. 15 of 2019. It raises a problem in the process of testing village regulations, namely the Regent as the authorities to supervise village regulations. Supervision of village regulations in the rules of explanation of the Village Law is leading to the cancellation of village regulations. In practice, there is a cancellation of village regulations by the Regent of Bojonegoro based on the Decrees of the Regent. This time, the cancellation of legislation in Indonesia is carried out by a judicial institution, namely by the Supreme Court and the Constitutional Court. This is a problem that will be discussed in this research. This problem raises the following questions: First, what is the mechanism of cancellation of village regulations by the Regent as the case of cancellation of village regulations carried out by the Bojonegoro Regent? Second, is the cancellation of village regulations made by the regent in accordance with the Village Law and the statutory testing system? This research used theory of hierarchy, theory of statutory testing, and theory of authority as an analytical to answer the formulation of the problem. This research used the legislation as the primary material, the literature such as books, journals, articles, and other scientific works as the secondary materials, dictionaries and encyclopedias as the tertiary materials, and juridical-normative as the approach. Thus, this research is categorized as library research. The results of this research concluded that the mechanism of cancellation of village regulations in Bojonegoro regency was carried out by an executive review mechanism, through two decrees of the Regent containing the cancellation of the Glagahwangi village regulation of Sugihwaras district of Bojonegoro regency. The decrees of the Regent of Bojonegoro are the unilateral repressive supervision of village regulations that are contrary to the Regent's regulations and local regulations. Cancellation of village regulations by the regent is not in accordance with the provisions of article in the Village Law Torso, but only sourced to the Explanation of village law that can not be used as a legal basis. Meanwhile, the cancellation of village regulations is not appropriate with the statutory testing system in Indonesia if reviewed from the statutory testing system. If it is related to the Constitutional Court Decree No. 137/PUU-XIII/2015, stated that “the central Government or the Governor is only authorized to cancel the regulation of the district head”. Therefore, the Regent is also only authorized to cancel the regulation of the village head and the decree of the village head, not the village regulation. The Regent may supervise and evaluate “Raperdes”, and supervision of village regulations, but it is not intended as a cancellation because it is not appropriate with the statutory testing system.

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