LEGALITAS DAN PENGAWASAN PERDA BERNUANSA SYARI’AH DI INDONESIA

Abstract

Regional governments, both provincial and district/municipal, have the authority to form regional regulations, especially related to mandatory and optional government affairs which are indeed mandated by Law Number 23 of 2014 concerning Regional Government and the authority remains limited. The legality of regional regulations with sharia nuances remains valid as long as there is no judicial review lawsuit that has been decided by the Supreme Court, because the Central Government through the Ministry of Home Affairs, as well as the governor as a representative of the central government, no longer has the authority to cancel Regional Regulations. They don't even have the legal standing to file a lawsuit to the Supreme Court if they find an allegation of a regional regulation that contradicts the law.