Eko Hariyanto
Kantor Wilayah Kemenkumham Provinsi Sumatera Barat

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TINJAUAN YURIDIS TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Eko Hariyanto
Ensiklopedia Education Review Vol 4, No 3 (2022): Volume 4 No 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v4i3.1583

Abstract

Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia determines that Indonesia is a country based on law. To realize these ideals, the entire community and institutions that play an important role in the Unitary State of the Republic of Indonesia must work hard, because creating a rule of law that complies with legal principles is not easy. One of the important instruments in realizing a rule of law state is Legislation, because Legislation is an instrument which is a direct reference in law enforcement. Legislation is a reflection of the embodiment of the concept of a rule of law that has been promoted by the founders of the Unitary State of the Republic of Indonesia. Laws and regulations are needed by the people of Indonesia because these laws and regulations are rules that can guarantee life as a rule of law for all levels of society. The main purpose of forming laws and regulations is not only to create codification of the norms and values of life that have settled in people's lives but to create modifications or changes in people's lives.Keywords: Formation, Legislation, Indonesia.
HARMONISASI PERATURAN DAERAH BERDASARKAN ASAS LEX SUPERIOR DEROGATE LEGI INFERIORI UNTUK MENCAPAI KEPASTIAN HUKUM DALAM SUATU PERATURAN DAERAH Eko Hariyanto
Ensiklopedia Education Review Vol 4, No 2 (2022): Volume 4 No 2 Agustus 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v4i2.1722

Abstract

Harmonization of Laws and Regulations is carried out by conducting a review and discussion of the existing Regional Regulation Plans so that they do not conflict with higher laws and regulations and there is no overlap between Regional Regulations and other regional regulations. This paper will discuss the harmonization of regional regulations based on the principle of lex superior derogate legi inferiori to achieve legal certainty in a regional regulation. With normative juridical research methodology. Thoughts regarding the importance of planning for drafting laws and planning for drafting regional regulations are actually based on the need for performance improvement and evaluation of legislation, as well as a systematic and well-programmed inventory of laws and regulations, so as to make the process of formulating laws and regional regulations run as expected, both from the beginning of the planning process until there is joint agreement in plenary between the DPR/DPRD and the President/Regional Government, as well as the planning of other laws and regulations which must comply with the principle of lex superior derogate legi inferiori to achieve legal certainty in a regional regulation. Apart from planning laws, planning regional regulations also has an important and strategic position in our legal system. Because Regional Regulations are recognized in the legal system in Indonesia and since amendments were made to the 1945 Constitution, specifically Article 18 paragraph (6) of the 1945 Constitution and based on Law Number 13 of 2022 the Second Amendment to Law Number 12 of 2011 concerning the Formation of Laws and Regulations, the position of Regional Regulations in the Indonesian legal system is becoming stronger as one type of legislation that applies and is generally binding.Keywords: Harmonization, Regional Regulation, lex superior derogate legi inferiori.