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59 J.L. Pol'y & Globalization 1 (2017)
Formulation of Criminal Sanctions in the Regional Regulation in Indonesia

handle is hein.journals/jawpglob59 and id is 2 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.59, 2017 iISTE Formulation of Criminal Sanctions in the Regional Regulation in Indonesia Abdul Madjid1 Sudarsono2 Ismail Navianto3 Prija Djatmika3 1. Doctoral Candidate at The Faculty of Law, Brawijaya University, Indonesia 2. Professor of Adminitrative Law at The Faculty of Law, Brawijaya University, Indonesia 3. Lecturer of Criminal Law at The Faculty of Law, Brawijaya University, Indonesia Abstract Local regulations as one of the forms of legislation nearly all impose sanctions on violators. This is understandable because of the sanctions is part of the preventive efforts to enforce local regulations. Especially with regard to sanctions, local regulations can regulate penal and administrative sanctions. Differences in the offense led to uncertainty related to a prohibited act in several regions in Indonesia. The uncertainty will cause people harmed. Indonesian society is high mobility between regions led to the regional community A convicted of acts prohibited in area B when A is not prohibited in the area. Legal certainty should be understood as a condition, in which the law is applied to the clear certainty to the subject and the object clearly. The law gives certainty to every citizen who under legal proceedings and sanctions when violated or they violate the law. Besides the legal certainty should also be accompanied by the legal process that applies equally to anyone who violates the law. Problems encountered in regulating the establishment of criminal sanctions in it is guidance formation is not clear and is very common. The guidelines for the amount of sanctions is regulated in detail but in the guidelines for determining the act / offense is not set. This is exactly what led to inter-regional arrangements regarding the act / offense prohibited different and cause legal uncertainty. Keywords: Formulation, Criminal Sanction, Regional Regulation 1. Introduction Indonesia is a unitary state as mentioned in Constitution of The Republic of Indonesia in 1945 article 1 (1): the state of Indonesia is a unitary state in the Republic form . Statements as a unitary state has an impact on implementation of the Government in Indonesia. The state is the highest organization of one group or several groups of people who have the aspiration to live together in a certain area, and has a sovereign government1. State Assignment divide into three category2. Firstly the state must provide protection to the population in a specific region. Secondly, the state support or directly providing various services in the social life of society, economy, and culture. Third, the state becomes an impartial referee between the parties to the conflict in the community and provide a judicial system that guarantees basic fairness and public relations. The task of the state according to the current modem ideology (in a Welfare State or Social Service State), is held in the public interest to provide prosperity and welfare profusely for fairness in a State of Law'. In the implementation, Indonesia divided into provincial, district or city. The distribution of the region, must be accompanied by the distribution of power / authority. It is on a basic view that the authority given to the area then the area can host Government. Prasudi Amosudirdjo argue about the meaning of authority in relation to the following powers: The authority is what is called formal power, the power that comes from the legislative power (given by law) or from the power of the Executive /Administrative. The authority is the authority over a particular class of persons or government authority over a field (or fields of affairs) that particular round, whereas the authority only of a certain auto parts. Inside there is authority-authorized authority. The authority is a power to do acts of public law. ,,0 While Indroharto argued that the authority acquired attribution, delegation and mandates, each of which is as follows: The powers obtained attribution , ie authorizing the new government by a provision in the legislation. So, here are born / created a new government authority. At the delegation going on a delegation of authority that has existed by which the Agency has obtained an attributive government authority to another agency. Thus, a delegation is always preceded by the attribution of authority something. On the mandate, there have not been any new authorization and delegation of authority 1 Moh Mahfud MD, Dasar dan Stnktur Ketatanegaraan Indonesia (Edisi Revisi), Penerbit Renaka Cipta, Jakarta,2000, page 64. 2 y. Sri Pudyatmoko, Perizinan, Problem dan Upaya Pembenahan, PT. Gramedia Widiarsana Indonesia, Jakarta, 2009,page 1. 3 Amrah Muslimin, Beberapa Asas dan Pengertian Pokok Tentang Administrasi dan Hukum Administrasi, Alumni, Bandung, 1985, page 110. 4 Prasudi Atmosudirdjo, Hukum Administrasi Negara, Ghalia Indonesia, Jakarta, 1981, page. 29. Journal of Law, Policy and Globalization wwwLiisteorg9

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