ANALISIS PENERBITAN PERATURAN DAERAH BERKARAKTERISTIK KEAGAMAAN DITINJAU DARI PRINSIP NEGARA KESATUAN DAN OTONOMI DAERAH (CONTOH KASUS PERDA KABUPATEN SOLOK NOMOR 6 TAHUN 2002 DAN PERDA SYARIAH KOTA TASIKMALAYA NOMOR 07 TAHUN 2014)

Prima Manuel Sahala, Rasji Rasji

Abstract


One of the authorities of the regional government is issuing regional regulations. In the post-reform era many regulations were issued with religious characteristics in various regions, these regulations were vulnerable to friction and discrimination against minority groups and women. The issue is whether the issuance of Solok Regency Perda Number 6 of 2002 and the Tasikmalaya City Sharia Perda Number 7 of 2014 which are religious in character and are related to the principle of state unitary and regional autonomy do not conflict with Article 9 and Article 10 of the Regional Government Law? The methode used is normative legal research methods. Regional regulations are characterized by religion in relation to the principle of a non-problematic unitary state applied in the regions provided that they are in accordance with the rules and do not discriminate against certain groups. Regions may not form local regulations characterized by religion because the regulation on religion is absolutely the authority of the central government. Thus the issuance of Solok Regency regulations and the Tasikmalaya City Sharia Perda can be declared contrary to Article 9 and 10 of the Regional Government Law because religious affairs are not the authority of the regional government. In the context of regional autonomy, of course local regulations characterized by religion do not violate the principle of autonomy substantively insofar as the policy is the best choice among the possibilities of various other ways, and is held as the best final solution to solve public problems in the region.


Keywords


Regional Regulations, religious characteristics, regional autonomy and unitary state

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