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All Journal Jurnal Jendela Hukum
Ibadhillah, Dwi
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ANOMALI PENGATURAN DIMENSI KENDARAAN BERMOTOR Ibadhillah, Dwi; Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4218

Abstract

Norm Conflict is a situation where a norm has been made but contradicts or is not in accordance with other legal norms. In the legal system, norm conflict is a situation where in one regulatory object there are two conflicting norms so that against the regulatory object, only one of the norms can be applied with the consequence that the other norm must be ruled out. The purpose of this research is to clearly know the legal consequences of the anomaly in the regulation of the dimensions of motorized vehicles and to clearly know the resolution of the anomaly in the regulation of the dimensions of motorized vehicles. The type of research used in this research is normative juridical research. As for the results of this study, anomalies in the regulation of the dimensions of motorized the provision of administrative sanctions and criminal sanctions, and the settlement of anomalies in the dimensions of motorized vehicles can be resolved using 3 principles, namely: The principle of lex superior derogat legi inferiori, the principle of lex posterior derogat legi priori, and the principle of lex specialis derogat legi generali, Of the three principles mentioned above, the most suitable for the problem is to solve it with the principle of lex superior derogate lex inferior because this principle means that higher rules override lower rules and are the authority of the Supreme Court.