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Home affairs minister asserts power to revoke local regulations

Jakarta Globe - April 7, 2017

Jakarta – Home Affairs Minister Tjahjo Kumolo said on Thursday (06/04) his ministry will still have the power to revoke local regulations despite a recent Constitutional Court ruling which declared doing so unilaterally violated Indonesia's 1945 Constitution.

The Constitutional Court on Wednesday partly approved a judicial review on the Regional Government Law filed by the Association of Regional Governments (Apkasi) which demanded a full annulment of the ministry's authority to revoke local laws.

The court ruled canceling local regulations can only be done through a judicial review at the Supreme Court. However, Tjahjo claimed the Constitutional Court ruling would only apply to important local regulations.

"This means governors are not allowed to cancel important local regulations. But the Home Affairs Ministry still has the power to revoke other local regulations," Tjahjo said.

"There should be a synergy of policies from central to regional [administrations]. That's what I'm working on," Tjahjo said.

The minister said all drafts of local regulation at district or city level should be consulted with the provincial administration to avoid overlaps. He added that regional administrations should not create unnecessary regulations.

"Our priority is to cut regulations. We want to have an efficient administration that can provide better services for the public," Tjahjo said.

The Home Affairs ministry wants to retain control over local regulations to cut off red tape, especially when it comes to processing investment permits.

The other side of the coin

Apkasi's legal representative Andi Syafrani questioned the validity of Tjahjo's interpretation on the Constitutional Court ruling. According to Andi, the ruling explicitly stated that the ministry cannot cancel any local regulation.

"Their power to do so has been taken away by the Constitutional Court, which said such an action is unconstitutional," Andi said on Thursday. The lawyer said the Constitutional Court ruled that local regulations are parts of legislation.

"Since they are parts of legislation, they can only be removed by a judicial review – not an executive review. That's what the court is saying," Andi said.

Source: http://jakartaglobe.id/news/home-affairs-minister-asserts-power-revoke-local-regulations/