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All Journal Pandecta Sriwijaya Law Review Jurnal Hukum & Pembangunan
Efraim Jordi Kastanya
Faculty Of Law, Universitas Indonesia, Indonesia
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Reposition of the Promulgation for Indonesian Legislation Efraim Jordi Kastanya; Fitriani Ahlan Sjarif
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44402

Abstract

Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.
Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19 Sjarif, Fitriani Ahlan; Kastanya, Efraim Jordi
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Since Indonesia entered a period of health emergencies caused by the outbreak ofthe Covid-19, the Indonesian government has attempted to develop various legal instruments to regulatethe behavior of the Indonesian people. One of the instruments used is a circular letter. This paper tries to examine the normative juridical use of circular letters as an instrument of state administration during this pandemic. In legislation science and administrative law theory,a circular letter is a piece of legislationthat should be used as an official note to warn and remind, notto regulate.In practice, there are several problematic Circular Letters which are used to regulate the public.
Rethinking Indonesia’s Legislative Drafting Style: Codification, Omnibus Legislation, and the Limits of the Guide of Legislation Fitriani Ahlan Sjarif; Efraim Jordi Kastanya; Aditya Wahyu Saputro
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5093

Abstract

Indonesia's legislative drafting framework requires all laws and regulations to comply with the Guide of Legislation because non-compliance may result in judicial invalidation. Although legislative drafting is expected to adhere to these formal standards, recent codification and omnibus law-making have introduced new drafting techniques that are not expressly accommodated within the existing framework. Despite extensive discussion of codification and omnibus legislation, limited attention has been paid to their compatibility with Indonesia's legislative drafting rules and the consequences for legal certainty and legislative validity. This article examines whether the 2023 Penal Code and the Job Creation Law conform to the drafting standards outlined in Law Number 12 of 2011 and explores the implications of any deviations. The study employs doctrinal legal research, using statutory and case analyses of the 2023 Penal Code, the Job Creation Law, and relevant legislative drafting principles. The findings reveal that both legislative models create tensions with the prescribed drafting framework. The Penal Code departs from the required structure of general provisions, while omnibus legislation obscures amendment history and adopts purposive naming that may diminish legislative transparency. The article argues that every legislative drafting innovation should first be formally institutionalised within the Guide of Legislation before its implementation to safeguard clarity, legal certainty, and the constitutional validity of enacted laws.
Co-Authors Aditya Wahyu Saputro Fitriani Ahlan Sjarif Sjarif, Fitriani Ahlan