Ekspose: Jurnal Penelitian Hukum dan Pendidikan
Vol 21, No 2 (2022)

Analysis of the formation of laws and regulations in the Indonesian legislation hierarchy

Tutut Ferdiana Mahita Paksi (Universitas Surabaya)



Article Info

Publish Date
16 Dec 2022

Abstract

The hierarchy of laws and regulations, as stipulated in Article 7 of Law No. 12 of 2011, shows the types and levels of laws and regulations in force in Indonesia. In addition to the hierarchy regulated in Article 7, Article 8 paragraph (1) of Law No. 12 of 2011 also regulates other types of laws and regulations that are legally recognized. The existence of laws and regulations in Article 8, paragraph (1) has reaped a number of problems. One of them is the position of the regulation in the hierarchy of laws and regulations and the identification of which state ministries/institutions are entitled to issue regulations as referred to in Article 8 paragraph (1) of Law No.12 of 2011.  This paper is a normative research study that uses a conceptual approach and a statutory approach. The results showed that the types of laws and regulations recognized according to Article 8 paragraph (1) of Law No. 12 of 2011 should only include Bank Indonesia Regulations, Ministerial Regulations, and Regional Head Regulations. Furthermore, the existence of Article 8 paragraph (1) will have an impact on the ambiguity of the preparation of laws and regulations based on the concept of Good Regulatory Practices.

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Journal Info

Abbrev

ekspose

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics

Description

EKSPOSE: Jurnal Penelitian Hukum dan Pendidikan, a scientific journal for disseminating results of conceptual research or studies on law and education, is published two times (June and December) a year. The EKSPOSE: Jurnal Penelitian Hukum dan Pendidikan is managed by the Institute for Research and ...