Legal Analysis of Substance and Implementation of Biased Regional Regulation of Human Right in South Sulawesi Province

DOI

10.2991/icss-18.2018.211How to use a DOI?

Keywords

Content, Implementation, Regional Regulation, Bias on human rights

Abstract

This research aims to find out how the biased regulation on human rights is implemented. The specific aims are (1) to find out the normative standards of regional regulations which are biased against human rights, (2) to understand the implementation model of the biased regulation of human rights. The research method is qualitative approach by analyzing various regional regulations both in the province and in districts towards the normative and sociological legal analysis. This research is a normative-descriptive aim to make systematic description of regional regulation normatively and factual. The data obtained using documentation techniques and interviews. The findings are (1) The content of regional regulations tends to be biased against human rights. As the evidence, (i) regional regulations in Bulukumba, Pangkep and Palopo districts related to the implementation of human rights in its consideration do not put the Act Number 39 year 1999 on Human Rights as an umbrella of the implementation; (ii) the Rules to formulate a Regional Regulation, PP (Government Regulation) Number 1 of 2001 and Kepmendagri (Ministry of Home Affairs regulation) Number 23 of 2001 as legal instruments do not contain the obligation of public involvement in formulating the Ranperda (regional regulation plan); (iii) The lack of ''juklak” and juknis” (technical guidelines) that are sufficiently detailed in the implementation of each regulation; (2) Implementation of Regional Regulations on Human Rights in the regions is (i) The absence of some institution and resources that specifically implement and monitor the implementation of the regulations; (ii) The inconsistency of understanding of the content of regional regulations between the government and the community; (iii) Lack of socialization or dissemination therefore the regulations tend to be fast-paced, and less attention to the living conditions of local communities

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Hasnawi Haris
PY  - 2018/10
DA  - 2018/10
TI  - Legal Analysis of Substance and Implementation of Biased Regional Regulation of Human Right in South Sulawesi Province
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1013
EP  - 1016
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.211
DO  - 10.2991/icss-18.2018.211
ID  - Haris2018/10
ER  -