JURIDICAL ANALYSIS OF REGIONAL REGULATION FORMULATION TECHNIQUES (Study Of Title And Opening Framework In Sambas District Regulation Number 11 Of 2015 Concerning The Implementation Of Legal Aid)

Abstract


I. INTRODUCTION
The basic idea of a constitutional state in Indonesia cannot be separated from the basic idea of rechtstaat (rule of law).This basic idea puts the basis of legal protection for its people on the principle of legality by placing statutory regulations as positive law. 1 Positive law is an important element in guaranteeing legal protection for Indonesian citizens. 2In the legal tradition in countries that adhere to a continuous European legal system (civil law), such as Indonesia, the existence of law is one form of implementation of the principles of the rule of law.
The existence of legislation in a country could have strategic and important position, in terms of the concept of constitutional state, the hierarchy of legal norms, as well as views of the function of Syiah Kuala Law Journal : Vol.4(3) Desember 2020 Tamrin Muchsin, Sardjana Orba Manullang, Saiful Rachman, Sri Sudono Saliro  339   law in general.In the concept of a rule of law, the law is a form of legal norm formulation in the life of a state. 3In the view of Paul Scholten, that the law is in legislation, so people must give it a high place. 4In the Indonesian legal norm system, as in the provisions of Article 7 paragraph (1) of Law no.
12 of 2011 concerning the Formation of Legislative Regulations, states the types and hierarchy as Regulations, e ) Presidential Regulation, f) Provincial Regulation, g) Regency / City Regional Regulation. 5 One of the products of legislation in the Indonesian constitutional system is regional regulations. 6In the context of attribution authority in terms of making District/City Regulations explicitly regulated in Law no.23 of 2014 concerning Regional Government, Article 96 paragraph (1)   in conjunction with Article 149 paragraph (1) states that the Legislature District/City has the function of forming Regional Regulations, budgets and supervision.These three functions represent the people which are carried out by discussing Regional Regulations with the regional head, approving or disapproving of the draft Regional Regulations, proposing Regional Regulations, and compiling programs for the formation of regional regulations.7 The procedure for the formation of local regulations by local legislative council together regional heads must be guided by some of the relevant legislation, so that a local ordinance does not conflict with the legislation of higher.As an instrument of formation program planning regulations and local regulations provincial districts/municipalities must be arranged in a planned, integrated and systematic.Michael A. Pengemanan argues that the formation of laws and regulations must refer to: The study to be discussed in this paper is regarding the Title and Opening framework in the drafting technique for the Sambas Regency Regional Regulation Number 11 of 2015 concerning the Implementation of Legal Aid.This study is important that any establishment of legislation in this regard is the Sambas Regency Regulation should be aligned and the reference to the preparation technique.In Law no. 12 of 2011 concerning the formation of statutory regulations, is regulated in such a way as to conform and / or not conflict with higher laws and regulations.Based on the above, the focus of the problem in this paper is whether the framework for drafting the Sambas Regency Regional Regulation Number 11 of 2015 concerning the Implementation of Legal Aid is in accordance with Law No. 12 of 2011 concerning the Formation of Legislative Regulations?.

II. RESEARCH METHODS
This article research using normative law research method is defined as the study of the rules and regulations that the terms of the hierarchy of legislation or vertical. 11In essence, normative legal research is the main legal research considering the main source of law in the legal system in force in Indonesia is the law.The basic principle to be examined is the suitability between the Title and Preamble framework in Perda No. 11 of 2015 concerning the Implementation of Legal Aid, with the provisions contained in Law no. 12 of 2011 concerning the Formation of Legislative Regulations.

Concept of Regulation Legislation
High appreciation of the legislation to be one characteristic shared by the continental legal system.The continental legal system prioritizes written law in the form of statutory regulations which are the product of legislation as the main foundation of the legal system.12Hans Kelsen in his book General Theory of Lawa and State states that the lower legal norms must not conflict with the higher legal norms, and the higher legal norms must not conflict with other higher norms, and so on until it is terminated by a highest basic norm (staatsfundamentalnorm).The understanding of laws and regulations according to the experts themselves is very diverse.As Bagir Manan argues, laws and regulations are written decisions of the state or government that contain guidelines or patterns of behavior that are generally binding in nature. 15other definition of statutory regulations according to Attamimi is State regulations, at the central level and at the regional level, which are formed based on statutory authority, either attributable or delegate in nature. 16According to Maria Farida Indrati, the term legislation (legislation, wetgeving, or gesetzgebung) has two different meanings, namely: (a).Legislation is the process of forming / forming state regulations, both at the central and regional levels; (b).Legislation is all state regulations, which are the result of the formation of regulations, both at the central and regional levels. 17 The types of statutory regulations contained in the hierarchy of the prevailing laws and regulations in Indonesia are mentioned in Article 7 paragraph (1)  order of the Law, Provincial Regional People's Representative Council, Governor, Regency/City Regional People's Representative Council, Regent / Mayor, Village Head or equivalent.
The order of the laws and regulations is related to Hans Kelsen's teachings regarding The Hierarchy of Law.Hans Kelsen argues that legal norms are tiered and layered in a hierarchy of structure, where a lower norm applies, originates and is based on higher norms, higher norms apply, originate and are based on norms.which is higher, and so on until a norm that cannot be traced further and is hypothetical and fictitious, namely the basic norm (Grundnorm). 19e existence of Regional Regulations (Perda) be it Provincial or Regency / City in the hierarchy of statutory regulations explicitly contained in Article 18 paragraph (6) of the 1945 Constitution which states that the Regional Government has the right to stipulate Regional Regulations and other regulations to implement autonomy and co-administration. 20Then in Article 14 of Law no. 12 of 2011 concerning the formation of statutory regulations confirms that "the material content of Provincial regulations and Regency / City regulations contains material content in the context of implementing regional autonomy and assistance tasks as well as accommodating special regional conditions and / or further elaboration of statutory regulations higher. 21

Implementation of Legal Aid
The statutory framework as stipulated in Law no. 12 of 2011 concerning the formation of laws and regulations, among others are as follows: A In this paper, it will be analyzed systematically starting from the title, preamble, torso, closing, explanation and attachments contained in the legal basis of Law no. 12 of 2011 concerning the formation of statutory regulations which are then juxtaposed with Regional Regulation No. 11 of 2015 concerning the Implementation of Legal Aid.The analysis will be presented in tabular form, as follows: The explanation in Perda 11 of 2015 regarding the implementation of legal aid is found at the end of the regional regulation.appropriate Based on the explanation of the table this paper will narrate the inconsistencies in the preparation of laws and regulations contained in Perda Sambas 11 of 2015 concerning the implementation of legal aid, among others: First, in the framework of drafting Legislation as contained in Law no. 12 of 2011 concerning the Formation of Prevailing Laws, in the Preamble framework in letter c, namely Preamble.Whereas the main idea in the preamble of the Regency / City Regional Regulation contains philosophical, sociological and juridical elements which are taken into consideration and the reasons for its formation whose writing is placed sequentially from philosophical, sociological and juridical. 24In addition, the preamble Local Regulation sufficiently to load the considerations which contains a brief description of the need to implement the provisions of article or some of the provisions of the Act or a government regulation which authorized the establishment of the regional regulation by appointing article or some of the provisions of the Act or Regulations Government ordered formation. 25 follows: a) The 1945 Constitution of the Republic of Indonesia, b) Decrees of the People's Consultative Assembly, c) Laws / Government regulations in lieu of laws, d) Government Whereas in Perda 11 of 2015 concerning the implementation of legal aid, it contains the following considerations: Considering: a.That in order to guarantee the constitutional right of everyone to get recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law as a means of Syiah Kuala Law Journal : Vol.4(3) Desember 2020 Tamrin Muchsin, Sardjana Orba Manullang, Saiful Rachman, Sri Sudono Saliro 349 Legislation, where the legal basis contains: the basis for the authority to form laws and regulations and statutory regulations that order the formation of statutory regulations.That means, the authority to establish regulation District / City is the local legislative districts / municipalities along with the Regent or as contained in Article 18 paragraph (6) of the 1945 Constitution.IV.CONCLUSION Aspects of the framework for drafting the Sambas Regency Regional Regulation Number 11 of 2015 concerning the Implementation of Legal Aid, there are at least 2 frameworks, namely the Opening Framework letter c (preamble) and the legal framework that is not in accordance with the provisions contained in Law Number 12 of 2011 concerning the Formation of Regulations Legislation.The Preamble framework in the preamble should contain one consideration, namely to realize the constitutional rights of the citizens of Sambas Regency with the principle of equal position before the law, and in line with the provisions of Article 19 paragraph (2) of Law no.16 of 2011 concerning Legal Aid.While the basic framework of law should be referred to the legal basis for the establishment of regional regulation is Article 18 paragraph (6) the State Constitution of Republic of Indonesia Year 1945.

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1. Law No. 12 of 2011 concerning the Formation of Legislative Regulations, as amended by Law no. 15 of 2019 concerning amendments to Law no. 12 of 2011 concerning the Formation of Legislative Regulations.2. Law No. 23 of 2014 concerning Regional Government, which has been amended several times, most recently by Law no. 9 of 2015.3. Presidential Regulation No. 87 of 2014 concerning the Implementing Regulations of Law no. 12 of 2011 concerning the Formation of Legislative Regulations.Syiah Kuala Law Journal : Vol.

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13Legislation in Indonesia has been regulated in Law Number 12 Year 2011 on the Establishment Regulation Legislation.The definition of statutory regulations in Indonesia has been regulated in Law Number 12 of 2011 concerning the formation of statutory regulations hereinafter abbreviated as Law no. 12 of 2011 concerning the formation of laws and regulations.In Article 1 point 2 "laws and regulations are written regulations that contain legally binding norms and are or stipulated by State institutions or authorized officials through procedures stipulated in statutory regulations".14

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ConsultativeAssembly, the People's Representative Council, Regional Representative Council, Supreme Court, Constitutional Court, Financial Audit Board, Judicial Commission, Bank Indonesia, Ministers, agencies, institutions, or commissions at the same level as established by Law or the Government by of the Law on the Establishment of Legislation), the types of laws and regulations consist of: a. 1945 Constitution of the Republic of Indonesia; b.Decree of the People's Consultative Assembly; c. Laws / Government Regulations In Lieu of Laws; d.Government regulations; e. Presidential decree; f.Provincial Regulation; and g.Regency / City Regional Regulations. 18Furthermore, Article 8 paragraph (1) of the Law on the Establishment of Legislations contains types of statutory regulations other than those referred to in Article 7 paragraph (1) of the Law on the Establishment of Legislation, which includes regulations stipulated by the People's