Reconstruction of Administrative Fine on Population Administration in Regional Regulation

Khaerudin, Ariy Reconstruction of Administrative Fine on Population Administration in Regional Regulation. Perpus UNIBA.

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Abstract

Law Number24 of2013 ConcerningAmendment to Law Number23 of2006 on Population Administration provides a burden based on “Active Stelsel” registration principle. This means thatthe registrar who must proactivelyrecord residence document. However, populationregistration dealing with the provision of administrative fines to residents who are late in registering their population documents.Inconsistency between principle and the normraises anumber of issues in their implications, especially on the regulation of fines as administrative sanctions.Disharmony between principles and norms in the administrative fine of populationstill regulated in the regional regulations and cause problems in its applicationboth for local government and the population. This research aims to reconstructregional regulation on administrative fine that should be determined for legal certainty.Based onthe principles in the formulation of legislation by synchronizing and harmonizing to achieveorderly system. By Law Number12 of2011 Concerning the Draftingof Legislation regulates that the provisions of the higher Law should be guided by the lower regulations. Therefore, a local regulation should not conflict with higher regulations.

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