RELEVANCE OF THE PRINCIPLES OF FORMING LEGISLATION IN THE PREPARATION OF REGIONAL REGULATIONS CONCERNING SEWAKADARMA MARKET PARTICIPATION IN THE CITY OF DENPASAR

Introduction.

Legal principles are abstract legal principles as very important elements in the formation of legal regulations, and in general form the background to concrete regulations and the implementation of law. Laws and regulations, including regional regulations, may not conflict with legal principles. Article 237 Law no. 23 of 2014 concerning Regional Government (State Gazette of the Republic of Indonesia of 2014 Number 244, Supplement to the State Gazette of the Republic of Indonesia Number 5587) as amended several times, most recently by Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (Gaza Republic of Indonesia of 2022 Number 4, Supplement to the State Gazette of the Republic of Indonesia Number 6757), stipulates that the principles for the formation and content of regional regulations are guided by the provisions of laws and regulations and legal principles that grow and develop in society as long as they do not conflict with the principles of the Unitary State of the Republic Indonesia.

This is because in the formation of Regional Regulations including Regional Regulations concerning Capital Participation in the Denpasar City Sewakadarma Market, it is necessary to pay attention to existing legal principles. Based on this, the problem discussed in this paper is how the Relevance of the Principles of Forming Legislation in the Preparation of Regional Regulations Regarding Capital Participation in the Denpasar City Sewakadarma Market.

2. Discussion.

From the origin of the word, the word relevance comes from the word relevant, which has the meaning of being related, having a relationship, in line with. Meanwhile in KBBI, the word relevance/re·le·van·si/ /relevansi/n means relationship; connection. Meanwhile, according to Sukmadinata, relevance consists of internal relevance and external relevance. Internal relevance is the conformity or consistency between components such as objectives, content, delivery and evaluation processes, or in other words internal relevance concerns the integration between components. While external relevance is conformity with the demands, needs, and developments in society.

The meaning of Regency/City Regional Regulations in Article 1 point 8 of Law No.12 of 2011 concerning Formation of Laws and Regulations states that Regency/City Regional Regulations are Legislations formed by the Regency/City Regional People's Legislative Council with the approval of the Regent/Regency Mayor. Pasar Sewakadarma is the name of a Pasar Regional Public Company owned by the Denpasar City Government and is a BUMD whose capital is wholly owned by the Denpasar City Region. Thus the meaning of relevance in this paper is the linkage of legal principles/principles in the formation of the Regional Regulation of the City of Denpasar Sewakadarma Market.

Article 5 Law no. 12 of 2011 determines the principles of forming good laws and regulations, consisting of:

a. clarity of purpose;

b. proper forming institutions or officials;

c. suitability between types, hierarchies, and payload materials;

d. can be implemented;

e. usability and effectiveness;

f. clarity of formulation; and

g. openness.

The principles mentioned above are related to the binding strength and validity of the regional regulations that will be formed, because adherence to the principles will make the regulations that are drawn up good. The linkages of the seven principles with the Draft Regional Regulation concerning Equity Participation in Pasar Sewakadarma Regional Public Companies, are presented in the table below.

Tabel .   Keterkaitan Perda dengan Asas Pembentukan Peraturan Perundang-undangan.

Source: processed from Fitri Erna Muslikah, Op. cit. p. 31-32

Furthermore, Article 6 of Law no. 12 of 2011 determines the material content of statutory regulations, in this case regional regulations must reflect the principles:

a. protection;

b. humanity;

c. nationality;

d. kinship;

e. archipelago;

f. Unity in Diversity;

g. justice;

h. equal position in law and government;

i. law order and certainty; and/or

j. balance, harmony, and harmony.

Legal principles that grow and develop in society, which are generally used in legal life refer to the principles put forward by I.C. van der Vlies that in the formation of laws and regulations (including regional regulations) pay attention to formal principles and material principles. The formal principles consist of: the principle of clear objectives, the principle of the right institution, the principle of the need for regulation, the principle of implementation, and the principle of consensus. While the material principles are: the principles of correct terminology and systematics, the principle of recognisability, the principle of legal certainty, and the principle of legal treatment in accordance with individual circumstances. However, not all of these principles were immediately used in the formulation of the Denpasar City Regional Regulation Draft concerning Regional Equity Participation in Perumda Pasar Sewakadarma. The legal principles that are also used, apart from those described above, are explained below.

The principle of the need for regulation (het noodzakelijk heidsbeginse). I.C. van der Vlies named it with the principle of urgency (urgency). This principle is also related to clear goals. If the goals can be formulated properly, then according to this principle, should the goals be made with certain laws and regulations or not with other regulations? Because, if capital participation can be regulated by mayoral regulations, why should it be regulated by regional regulations. This is what later became the basis for the preparation of academic papers in the Denpasar City Regional Regulation Draft concerning Regional Government Equity Participation in Perumda Pasar Sewakadarma namely the need for the formation of new regulations as a form of providing justice, certainty, happiness and legal benefits in the implementation of such capital participation.

Principle of Legal Certainty. In enforcing the law there are three elements that must be considered, namely: legal certainty, benefit and justice. These three elements must have a compromise, must receive attention in a proportionate - balanced. But in practice it is not easy to seek a balanced compromise between these three elements. Without legal certainty can cause anxiety. However, obeying the rule of law too strictly will result in being rigid and will create a feeling of injustice. This legal certainty can be realized through good and clear norms in a statutory regulation and its application will also be clear. In other words, legal certainty means the exact law, the subject and the object and the threat of punishment. Through this legal certainty, the existence of capital participation in Perumda Pasar Sewakadarma can be recognized and accepted by the public.

The Principle of Legal Justice. Justice is one of the goals of law, in addition to legal certainty and legal benefits. Ideally, the law should accommodate all three. Law without justice is meaningless. Fair or fairness is related to human relations with other human beings which involve rights and obligations, namely how related parties consider rights which are then faced with obligations. That's where justice works. Equity participation by the Denpasar City Government in Perumda Pasar Sewakadarma should be based on the principle of justice through the formulation of the rights and obligations of each party.

The Principle of Legal Benefits. The benefits of law need to be considered because everyone expects benefits in the implementation of law enforcement so as not to cause other interpretations in society. Law is the lifeblood of a nation to achieve the ideals of a just and prosperous society. The law is constructed as a necessity that regulates human behavior as a rational being. In the capital participation carried out by the Denpasar City Government, the existence of regional regulations is the legal basis for implementing capital participation, and with this regional regulation the people of Denpasar City can know that there is capital participation in Perumda Pasar Sewakadarma.

Family Principles. In this principle it is recognized that there is a difference that should be developed harmoniously in a partnership relationship and guarded so that it does not develop into an antagonistic conflict that destroys each other. Therefore, the existence of regional regulations regarding capital participation is a necessity, which reflects the existence of a joint agreement between three parties namely the City Government, Denpasar City DPRD, and Perumda Pasar Sewakadarma. Thus, the formation of the Denpasar City Regional Regulation concerning Regional Equity Participation in Perumda Pasar Sewakadarma cannot deviate from the principles of formation and the material principles of statutory regulations.

3. Conclusion.

From the explanation above, it can be concluded that the principles/principles for forming regional regulations are related to the regional regulations concerning Capital Participation in the Sewakadarma Market, both the principles of forming regional regulations and the material principle as specified in Law No. 12 of 2011.