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All Journal Berajah Journal West Science Law and Human Rights
Zulfa Zainuddin
Universitas Muhammadiyah Mahakarya Aceh
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Analysis of the Role of the Constitution, Legislature, and Judiciary in Maintaining the Principles of Government Effectiveness in Indonesia Loso Judijanto; Zulfa Zainuddin; Isnanto Bidja
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.604

Abstract

This research conducts a thorough document analysis to examine the roles of the Constitution, Legislature, and Judiciary in maintaining government effectiveness in Indonesia. The historical evolution of the Indonesian Constitution is explored, emphasizing its dynamic nature and adaptability to the nation's political and societal changes. The study delves into the separation of powers, constitutional safeguards, and specific provisions influencing government effectiveness. Legislative analysis scrutinizes key acts shaping government operations, emphasizing the role of the legislature in oversight and accountability. Judicial analysis focuses on judicial review, the enforcement of the rule of law, and the judiciary's contributions to legal precedents. Interactions between the three pillars are examined for collaborative synergies and potential challenges. Comparative perspectives and implications for policymakers and legal scholars are discussed, along with recommendations for enhancing government effectiveness. The research identifies future research directions, contributing to a nuanced understanding of the governance landscape in Indonesia.
PENGUATAN KEDUDUKAN NORMATIF PERATURAN PRESIDEN DALAM SISTEM PERATURAN PERUNDANG-UNDANGAN INDONESIA: UPAYA MEWUJUDKAN KEPASTIAN HUKUM DAN SIMPLIFIKASI REGULASI Mudhafar Anzari; Abdul Gani Haitamy; Al Manar; Zulfa Zainuddin
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.592

Abstract

This study aims to analyze the normative status of Presidential Regulations (Perpres) within the Indonesian legal system and to examine the urgency of strengthening their role in achieving legal certainty and regulatory simplification. The study employs a normative legal research method using a legislative approach, a conceptual approach, and a case study approach. The legal materials utilized consist of primary, secondary, and tertiary sources, which are qualitatively analyzed through legal interpretation techniques and legal reasoning. The research results indicate that Presidential Regulations hold a strategic position within the hierarchy of legislation because they derive from the President’s constitutional authority as the holder of executive power under Article 4(1) of the 1945 Constitution of the Republic of Indonesia. However, the phenomenon of regulatory obesity, characterized by the proliferation of Ministerial Regulations, has led to regulatory fragmentation, disharmony of norms, and a reduction in legal certainty. Based on Hans Kelsen’s theory of the hierarchy of norms, Hans Nawiasky’s theory of the structure of norms, Gustav Radbruch’s concept of legal certainty, and Philipus M. Hadjon’s theory of authority, this study argues that strengthening Presidential Regulations is necessary to clarify the hierarchical relationships among regulations, enhance policy harmonization, and strengthen government coordination. This study proposes a model for strengthening Presidential Regulations through reinforcing hierarchical functions, limiting Ministerial Regulations to technical aspects, and optimizing regulatory harmonization mechanisms. This model is expected to support regulatory reform, enhance legal certainty, and achieve effective, coordinated, and accountable governance.
Co-Authors Abdul Gani Haitamy Al Manar Isnanto Bidja Loso Judijanto Mudhafar Anzari