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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET)
Dearma Sinaga
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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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NORMATIVE JURIDICAL ANALYSIS OF THE POSITION OF GOVERNMENT REGULATION IN LIEU OF LAW (PERPPU) IN THE HIERARCHY OF STATUTORY REGULATIONS Fitri Elfiani; Zulkifli; Nofrizal; Romadhan Lubis; Dearma Sinaga
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 8 (2025): JULY
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i8.1054

Abstract

This study offers a normative and juridical analysis of the position of Government Regulations in Lieu of Law (Perppu) within the hierarchy of statutory regulations in Indonesia. It investigates the constitutional and legal framework surrounding Perppu, particularly in light of its "emergency" and "temporary" nature, the President's authority to issue them without prior legislative consultation, and the requirement for subsequent approval by the House of Representatives (DPR). The research critically examines the consistency of Perppu with fundamental legal principles, including the rule of law, constitutional supremacy, and the separation of powers. It addresses the theoretical and practical controversies surrounding the application of Perppu, especially concerning the interpretation of "compelling urgency" and the potential for abuse of executive authority, which has become increasingly relevant given the rising frequency of Perppu issuances. The study argues for the need to clarify the legal standing of Perppu within the existing legal structure, strengthen parliamentary and judicial oversight mechanisms, and establish objective and measurable criteria for determining "compelling urgency." By doing so, it aims to ensure that Perppu remains a constitutional instrument, operating within defined boundaries, and does not undermine the legislative functions of the DPR or the principles of a democratic state governed by law. This normative review also seeks to address the legal and constitutional challenges in the practice of forming Perppu in Indonesia.
Implementation Of The Law Against Playing Victims Who Harm The Police Institution (Case Study Of Percut Sei Tuan Police Station): Implementation Of The Law Against Playing Victims Who Harm The Police Institution (Case Study Of Percut Sei Tuan Police Station) Sugih Ayu Pratitis; ⁠Muslim Harahap; Dearma Sinaga; Mhd. Ansor Lubis; Gerald Elisa Munthe
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6302

Abstract

This research aims to find out about legal regulations related to playing victims who cause harm to other parties, to find out the steps taken by POLRI in dealing with playing victims, and to analyze cases of spreading hoax news by playing victims at Percut Sei Tuan Police Station. By using empirical legal research methods, this research examines the problem by taking examples of real cases that have occurred in the community. Empirical legal research methods study law as actual behavior and unwritten social phenomena, which occur in the midst of community life. Therefore, empirical legal research is also known as sociological legal research. The results showed that positive law in Indonesia does not provide a detailed explanation of the sanctions for playing victim. Such actions can have serious implications and can be punished by various articles in the Criminal Code, for example Article 311 of the Criminal Code, Article 378 of the Criminal Code, and others. The handling of perpetrators who pretend to be victims or known as “playing victim” is part of the responsibility of the National Police in maintaining public order and security.
Co-Authors Fitri Elfiani Gerald Elisa Munthe Mhd. Ansor Lubis Nofrizal Nofrizal Pratitis, Sugih Ayu Romadhan Lubis Zulkifli ⁠Muslim Harahap