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Reply from Ms. Ainunnisa Rezky Asokawati
2020.11.17 23:46:50
Every region has its own culture, indeed, but the positive law that applies always
remains the same. In the preparation of regional regulations, of course, it must
refer to the basic rules, namely Undang-Undang. Our suggestions for the problem
being asked should start by improving the existing regulations. In preparing the
Draft of Local Ordinance, the Ministry of Internal Affairs and the Governor must
have harmonized with preview the Draft of Local Ordinance. To emphasize, preview
in this process means to oversee the draft, so the draft legally still on track and fits
with the region^s needs and characteristics.
One method that can be used to increase the effectiveness of a local ordinance is to
carry out tighter supervision or harmonization. This will prevent the basic rules are
being changed by local ordinances. And several regulations that are region-specific
can be added to the draft regional regulations.
In addition, we also found that many Local Ordinances on Legal Aid (Perdakum)
have the same content between regions. So the first task when making a Perdakum
must be evaluated, adjusted to the needs of the community, along with how much
the majority court costs. This is due to the ineffectiveness of implementing existing
regulations due to relatively low costs, or insufficient human resources, or the need
for influence from community leaders for the implementation of appropriate
assistance. If the ordinance has been adjusted to the characteristics and needs of
this community, then the implementation arrangements can be made. Then, if there
is an implementing arrangement and its implementation is already implemented,
then the next step is to emphasize to the community that legal aid is indeed the
right of the community. However, this requires awareness from the community,
strengthened by community leaders to apply legal processes that are in accordance
with regulations, not just pressure according to the wishes of the community.
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