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Akhmad Zaki Yamani
STAI Darul Ulum Kandangan Kalimantan Selatan

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TATA CARA, TEKNIS, DAN TAHAPAN PEMBUATAN PERUNDANG-UNDANGAN Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 2 No. 3 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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The legislative process is a crucial element within a country's legal system, playing a vital role in establishing fair, effective, and practical regulations for society. This article explores the fundamental concepts, stages of development, technical aspects of drafting, as well as the obstacles and challenges encountered in the legislative process. In the context of fundamental concepts, legislation is defined as a series of legal norms that govern societal life, with the primary goal of establishing order and justice. The stages of legislative development include initiation, deliberation, legislation, implementation, and evaluation, conducted while adhering to principles of good law and inclusive community participation. Additionally, technical aspects such as clear language use, organized document structures, and appropriate legislative techniques are integral parts of the drafting process. However, the legislative process often faces obstacles and challenges such as resource limitations, conflicts of interest, and legal complexities. With an awareness of these challenges, policymakers are expected to take appropriate measures to overcome them and ensure the smooth development of effective and efficient policy-making processes
LEGAL DRAFTING UNTUK PERUBAHAN HUKUM: TANTANGAN DAN SOLUSI DALAM PENYUSUNAN REGULASI DAN UNDANG- UNDANG YANG ADAPTIF Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This study examines two key case studies in legal regulation to illustrate successes and failures in legal drafting: the implementation of the General Data Protection Regulation (GDPR) in the European Union and the proposed Stop Online Piracy Act (SOPA) in the United States. GDPR is praised as a successful example of regulation that has adapted to technological changes and privacy needs, thanks to its flexible and responsive design. In contrast, SOPA failed due to its perceived overreach, which could potentially threaten freedom of speech and innovation on the internet. The failure of SOPA highlights the importance of considering the broad implications of technology and social norms, as well as the need for active involvement from various stakeholders in the lawmaking process. Findings from both cases underscore the need for flexibility and participation in legal drafting to create effective and relevant regulations. This research provides insights into how a multidisciplinary approach and stakeholder engagement can enhance regulatory effectiveness in addressing modern challenges.
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