Yuridika
Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012

PROBLEMATIKA KEDUDUKAN TAP MPR DALAM UU NO. 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

Tyan Adi Kurniawan (Pengamat Hukum)
Wilda Prihatiningtyas (Pengamat Hukum)



Article Info

Publish Date
30 May 2012

Abstract

The shift from a parliament supremation to constitution supremation after the reformation brought a basic change in the state structur of Indonesia. MPR is not the highest institution of this country but has become a higher institution and has an equal position as other higher institutions. It has become the main reason of not putting MPR/S’ law’s products up as in the law hierarchy in Indonesia based on Law Number 10/2004. However, Law Number 12/2011 put MPR’s decision in the hierarchy has made a new problematique. First of all, as seen on its position is above the laws and below the constitution. Second, the validity of MPR’s decision in the Law Number 12/2011. Third, related to which institution that has authority to examine MPR’s decision when it contradicts to Indonesian constitution.Key Word : TAP MPR, Position, Law Status, Authority of Examination

Copyrights © 2012






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...