Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia

Nusanto, I.A. (2021) Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia. Volksgeist: Jurnal Ilmu Hukum dan Konstitusi, 4 (1). pp. 53-68. ISSN 2615174X

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Abstract

This article examines the duality of ministerial regulations in Indonesian regulation system based on their making authority sources according to Law No. 12 Year 2011 concerning Regulation Making Rules (UU P3). The approach methods used in this research are conceptual approach and statute approach. This article concludes there are two ministerial regulations which recognized as regulations by UU P3 that should be distinguished. Ministerial regulation which was made by higher regulations order (delegated legislation) could be categorized as an implementing rule (verordnung). Whereas, ministerial regulation which was made based on ministery position authority (inherent aat het bestuur) could be categorized as a beleidsregel, standing as policy rules. Though, the two of them were recognized as regulations, however, they have different design, background and character, thus, their substance, binding power, hierarchy position and review mechanism, were not the same. Therefore, ministerial regulation which was beleidsregel could not be applied as the same as implementing regulation (verordnung). © 2021, Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto. All rights reserved.

Item Type: Article
Additional Information: cited By 1
Uncontrolled Keywords: peraturan menteri, peraturan kebijakan, peraturan pelaksanaan
Subjects: K Law > K Law (General)
K Law > K Law (General) > K100-103 Legal education
K Law > K Law (General) > K85-89 Legal Research
Divisions: Faculty of Law > Undergraduate Program
Depositing User: Afni Isnaini Aprilia
Date Deposited: 28 Oct 2024 08:10
Last Modified: 28 Oct 2024 08:10
URI: https://ir.lib.ugm.ac.id/id/eprint/7358

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