Jakarta Globe, I Nyoman Mardika, June 17, 2016
Jakarta. Bali Governor Made Mangku Pastika has scrapped as many as 86 local government regulations from nine districts or cities on the island because they either contradicted provincial or national laws, or were no longer considered to be in the public interest.
Jakarta. Bali Governor Made Mangku Pastika has scrapped as many as 86 local government regulations from nine districts or cities on the island because they either contradicted provincial or national laws, or were no longer considered to be in the public interest.
"There
are three benchmarks for deciding which local regulations to scrap: those that
conflict with higher laws; those that are not in the public interest and those
that don't conform with social norms," Bali provincial administration
spokesperson I Dewa Gede Mahendra said in Denpasar on Friday (17/06).
Mahendra
added that the decision to scrap the regional laws was based on article 251 of
the Law No. 23/2014 on regional administrations, which gives governors the
right to scrap any regulations based on those three criteria.
The second
legal basis for the regulations' scrapping is Ministry of Home Affairs
regulation No. 80/2015 on regional laws, as well as the home affairs minister's
decree No. 582/1107/SJ on the affirmation of scrapping regulations involving
bureaucratic processes and investment licensing.
According
to I Wayan Sugiada, who heads the Bali provincial government's legal office,
the 86 scrapped regulations consisted of 70 regional regulations, 11 regional
head regulations and five processed regulations.
However,
the legal products of the scrapped regulations will still be applied, as the
regulations' registration numbers are still kept in the data, based on the home
ministry regulation. The term refers to scrapped regulations that have been
amended or altered by newer laws, such as Karangasem regulation No. 10/2011 on
the rental of telecommunication towers, which was amended according to a
Constitutional Court decision.
"So
the scrapping does not mean a void of law, as the legal product numbers still
exist," Sugiada said. He added that none of the regulations that were
phased out were related to public decency or social norms.
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