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All Journal Cangkal : Jurnal Ilmu Sosial dan Humaniora
Akhmad Zaki Yamani
Institut Agama Islam Darul Ulum Kandangan
Education Social Sciences Other

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IMPLEMENTASI ASAS KEJELASAN DALAM PENYUSUNAN PERATURAN PERUNDANG-UNDANGANPASCA UU 13/2022 Muhammad Arief Hidayatullah; Mutiara; Akhmad Zaki Yamani
Cangkal : Jurnal Ilmu Sosial Dan Humaniora Vol. 2 No. 1 (2026): Mei - Oktober 2026
Publisher : Yayasan Pendidikan Literasi Borneo

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Abstract

This research examines the implementation of the principle of clarity in formulation within the legislative process following the introduction of Law Number 13 of 2022, which serves as the second amendment to Law Number 12 of 2011. The principle of clarity in formulation is regarded as a crucial tenet aimed at establishing legal certainty through the employment of legal language that is clear, systematic, and devoid of ambiguity that could lead to multiple interpretations. The methodology employed in this study is a normative legal research method, utilizing both a statutory and a conceptual approach. The findings reveal that, despite enhancements made to the provisions concerning the principle of clarity in formulation, its execution continues to encounter various obstacles, including the presence of norms that are open to multiple interpretations, insufficient regulatory harmonization, and disparities in the quality of norm drafting. Consequently, it is deemed essential to enhance the competence of regulatory drafters and to reinforce regulatory harmonization in order to produce high-quality legislation.
ANALISIS PENERAPAN PRINSIP-PRINSIP LEGAL DRAFTING DALAM PEMBENTUKAN UNDANG-UNDANG NO. 11 TAHUN 2020 TENTANG CIPTA KERJA Silvia Amalina; Nor Hafizah; Akhmad Zaki Yamani
Cangkal : Jurnal Ilmu Sosial Dan Humaniora Vol. 2 No. 1 (2026): Mei - Oktober 2026
Publisher : Yayasan Pendidikan Literasi Borneo

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Abstract

The quality, clarity, and legal certainty of legal standards are determined by legal drafting, which is crucial to the creation of legislation. However, there are still a number of obstacles to the use of legal drafting principles in Indonesia, such as ambiguous legislative provisions, inconsistent terminology, and insufficient public participation. This study uses normative legal research with a literature study technique to examine how legal drafting principles are applied in the creation of legislation. Legislation, books, journals, and other pertinent legal sources were used to conduct a descriptive analysis of the data. The findings demonstrate that the principles of legal drafting have not been adequately applied, especially with regard to public participation, legal certainty, clarity, and uniformity.Therefore, strengthening the application of legal drafting principles is necessary to produce legislation that is clear, effective, and provides greater legal certainty
Co-Authors Muhammad Arief Hidayatullah Mutiara Nor Hafizah Silvia Amalina