Definition and type of�Indonesian Legislation
smarticle/fhui/ilper/2021
Sony Maulana S.
Faculty of Law Universitas Indonesia
Definition
Legislation (perat. per-uu-an) is the term of a group of state legal norms which:
smarticle/fhui/ilper/2021
Regulatory Legal Norms
Legal norms that are built from a combination of various norms which:
General: aimed at many people or some people who are not certain (impersonal) ;
Abstract: regarding things or behavior that are not certain (nonrepresentational); and
Continuously: continues to apply even though the target party has complied. This legal norm continues to apply even though it has existed.
smarticle/fhui/ilper/2021
Legislative Power
Legislative power is the power to form laws. Puvoir Legislative, according to Montesquieu, is one of the powers of the state, in addition to executive power and judicial power.
In Indonesia, the power to form laws is exercised by the DPR together with the President (Article 20 in conjunction with Article 5 paragraph (1) of the 1945 Constitution.
smarticle/fhui/ilper/2021
Act as highest type of legislation
Because it is formed directly by the legislative power holders, UU (wet; act) is a type of the legislation that’s highest in hierarchy
smarticle/fhui/ilper/2021
Other Types As Implementation or Execution of Laws
Decisions from the government are known as legislation is a decision that is regulatory (regeringsbesluit).
This decision is formed by the government as the executive power (regelend) for the implementation or execution (politieke daad) of the Act.
Its formation is based on the delegation or attribution of regulatory authority from the Act.
smarticle/fhui/ilper/2021
VERORDNUNG SATZUNG �Delegated Regulation
legislation that are formed by state institutions or government agencies based on the delegation of regulatory authority (delegated legislation) from the law to the authorities. the company concerned.
The purpose of this delegation of regulatory authority is so that the provisions of the Law can be implemented.
smarticle/fhui/ilper/2021
AUTONOME SATZUNG �Attributive Regulation
a law that is formed by a government institution based on the granting of regulatory authority (attributive legislation) of the law to the government agency.
The purpose of granting this regulatory authority is as a vehicle for carrying out governmental duties regulated in that Law.
smarticle/fhui/ilper/2021
The Types
Types of Legislation in Indonesia are as follows:
b. Attribution Regulation:
smarticle/fhui/ilper/2021
Act
Act is a type of equipment. the highest law which is a direct product of the legislative power. In Indonesia, this power is held by the DPR which is exercised jointly with the President (Article 20 in conjunction with Article 5 (1) of the 1945 Constitution).
Compared to staatsgrundgesetz , legal norms in laws contain more specific and detailed provisions, so that they can immediately apply in society.
As a type of the highest law, the Act is the source and basis for the formation of delegation regulations and attribution regulations.
smarticle/fhui/ilper/2021
�Government Regulation as Substitute for Act (PERPPU)
Based on Article 22 of the 1945 Constitution, PERPPU must seek approval at the next DPR hearing. The approval of the DPR makes the regulations. this law changes its type to law. Therefore, PERPU is a type of government regulation in the same level as Act. The content and functions of the law are the same as the content and functions of the Act.
Even though the content and functions are the same as the Act, the equipment. This law was formed by the President without interference from the DPR in view of compelling conditions or circumstances of crisis.
smarticle/fhui/ilper/2021
Government Regulation (PP)
PP is a legislation that is formed based on the attribution of regulatory authority from Article 5 paragraph (2) of the 1945 Constitution in the framework of implementing the law as it should be. This law can be formed by the President to regulate a matter if there is already a law that regulates the same thing even though there is no delegation of regulations in the law.
Legal norms in PP can be regulatory, or a combination of regulations and stipulations. PPs cannot contain mere assignments.
smarticle/fhui/ilper/2021
President Regulation (Perpres)
Perpres is a legislation that is formed based on the delegation of regulatory authority from a law or PP.
In addition, based on the interpretation of Article 4 (1) of the 1945 Constitution, the President can form a Perpres as a regulatory attribution law (autonome satzung) as a regulatory tool for the President in carrying out the governmental authority granted by the Constitution.
Legal norms in a Presidential Decree can be regulatory, or a combination of regulation and stipulation. Perpres cannot contain mere stipulations.
smarticle/fhui/ilper/2021
Minister Regulation (Permen)
Permen is a legislation that is formed based on a delegation of regulatory authority from an Act, PP or Perpres.
Each Minister is an assistant to the President who handles governmental tasks, but based on the practice of government administration, only the Minister who heads a technical ministry has the authority to form a Permen.
Legal norms in the Permen can be regulatory, or a combination of regulation and stipulation. Permen cannot contain solely stipulations.
smarticle/fhui/ilper/2021
Non-ministerial government agencies Regulation (Per. LPNK)
LPNK is a legislation that is formed based on the delegation of regulatory authority from a Law, PP or Perpres which is at the same level as a Permen.
Considering that each LPNK Leader is assistant to the President who handles certain governmental duties, they have the authority to form an official legislation
smarticle/fhui/ilper/2021
Non structural institutions Regulation (Per. LNS)
The LNS regulations are regulatory. A law formed by the institution is based on the attribution of regulatory authority from the Act to the institution.
The purpose of granting this regulatory authority is as a vehicle for carrying out governmental duties regulated in that Law.
smarticle/fhui/ilper/2021
Regional Regulation (Perda)
Perda is a regulation formed by the Regional Head together with the DPRD. Perda consists of provincial regulations and district / city regulations.
Based on Law 23/2014, the authority to formulate a regional regulation is an attribution of the regulatory authority of the law to regional governments, however, the formation of a regional regulation can also be based on a delegation of authority from the higher government agency.
smarticle/fhui/ilper/2021
Head of Region Regulation (Perkada)
Regional Head Regulation is an implementing regulation of Perda. This law is formed based on the delegation of regulatory authority from a Perda.
Regional Head Regulations consist of Governor Regulations and Regent / Mayor Regulations.
smarticle/fhui/ilper/2021
SONY MAULANA S.
Bidang Studi Hukum Administrasi Negara�Fakultas Hukum Universitas Indonesia
Gedung D Lantai 2 Ruang 215�Kampus Baru UI – Depok 16424�Tel: 021-788 49133�Fax: 021-788 49140�Mobile: 0859 212 65334�email: smarticle@yahoo.com.
smarticle/fhui/ilper/2021