Local legislation covers various regulations that by nature are general regulation (pengaturan) and specific enactment (penetapan). Having been part of general regulation (pengaturan), local legislation comes in a number of forms ranging from Local Regulation (Peraturan Daerah, Perda). Regional Head Regulations (Peraturan Kepala Daerah), Joint Regulation of Regional Head (Peraturan Bersama Kepala Daerah) and Regulations of Parliaments at provincial/district/municipal level (Peraturan DPRD). While the forms of specific enactment (penetapan) include Regional Head Decrees (Keputusan Kepala Daerah), Decrees of Parliament at provincial/ regional/ municipal level (Keputusan DPRD), Decree of Parliament Chairperson (Keputusan Pimpinan DPRD), Decrees of Ethic Board of Local Parliament (Keputusan Badan Kehormatan Badan DPRD).
This legal brief will discuss how local legislation should be established by the local governments, so that it does not violate both the principles of legislation substance and national legislation that became the basis of the formation of local legislation. Moreover, it is also important that the local legislation can provide recognition and protection of the rights of local communities, including that of indigenous peoples.
You could download legal brief vol. 2/2015 on this link: Legal Brief vol. 2/2015