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Regional regulation (Indonesia)


In Indonesia, a regional regulation (Indonesian: peraturan daerah or its acronym perda) is a regulation that is passed by Indonesian local governments and carry the force of law in that region. There are two levels of regional regulations. Provinces pass provincial regulation (peraturan daerah provinsi), while the second tier subdivisions of Indonesia, known as regencies and cities pass regency regulation (peraturan daerah kabupaten) and city regulation (peraturan daerah kota), respectively. Each type of regional regulation is passed by the region's parliamentary body together with their chief executive (governor, regent or mayor, depending on region).

As part of the post-Suharto reforms, Indonesia granted more power to local governments. This decentralization of power was largely governed by two laws passed in 1999 and 2004. These laws authorized the local governments and legislatures to pass regional regulations that carry the force of law, as long as they do not conflict with laws or regulations that are higher in the hierarchy of laws.

According to Indonesian Law No 12 of 2011, regional regulations occupy the lowest positions in Indonesia's hierarchy of laws. Provincial regulations are subordinate to, in order, the Constitution, Decree of People's Consultative Assembly (Ketetapan MPR), Law (Undang-Undang) or Government Regulation In Lieu of Law (Peraturan Pemerintah Pengganti Undang-Undang or Perppu), Government Regulation, and Presidential Regulation. Regency and City regulations occupy the lowest position, right beneath provincial regulations.

The provinces of Aceh and Papua refer to their regional regulations with special names. In Aceh, they are known as qanun (from an Arabic word meaning "law" or "rules") while Papua uses the name "special regional regulation" (Indonesian: peraturan daerah khusus or perdasus). Additionally, in Aceh qanuns are also used to enact provisions of Islamic criminal law.


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