Ajudikasi : Jurnal Ilmu Hukum
Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum

Politik Hukum Pembentukan Peraturan Perundang-Undangan Pasca Perubahan Kedua Undang-Undang Nomor 12 Tahun 2011

Febriani, Nadia Ayu (Unknown)
Wasti, Ryan Muthiara (Unknown)



Article Info

Publish Date
10 Jun 2023

Abstract

Article 22A of the 1945 Constitution of the Republic of Indonesia mandates the establishment of a rule regarding the law-making process, which serves as a guideline for the law-making process from its inception until the regulation is enacted to the public. However, in its implementation, problems are still related to the law-making process in Indonesia. This normative research uses a statutory and conceptual approach that specifically looks at "over regulated" or "legal obesity” to analyze the legal politics of the formation of laws and regulations after the second amendment of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. In this context, there is an overlap between one law and another, which creates sectoral egos and results in legal uncertainty in its application. One of the causes of this legal obesity is the lack of regularity in the law-making process. In this case, legislators do not always refer to the guidelines for the law-making process and the principles for forming statutory regulations as stipulated in the law-making process regulation. In addition, the law still needs to be optimal in fulfilling meaningful participation. Therefore, the author will analyze the politics of law of the amendments of law-making process regulation after the Constitutional Court Decision Number 91/PUU-XVIII/2020, which includes accommodating the omnibus method and the concept of meaningful community participation as a solution for overlapping legislation in Indonesia.

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Journal Info

Abbrev

ajudikasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi ...