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Eigenaardig onderwerp

eigenaardig onderwerp is “Materi Muatan” introduced by Prof. Hamid Attamimi in 1979
Het eigenaardig onderwerp der wet: Materi Muatan of The Act (Undang-Undang)
Thorbeke: Grondwet leaves open questions about what may or may not be set in a WET. Grondwet didn’t set a specific material to a Wet.

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In Indonesia before the amendment

Similar with what Thorbeke said.
Art 5(1) mention the authority to form a law without mentioning the material that must be regulated
Other experts: the material from formeel gesetz (Law) cannot be determined because the Law is the embodiment of people's sovereignty, and that is absolute.

According to Prof. Hamid Attamimi

It is important to look for Materi Muatan: the formation of a country's law depends on the state's ideals and the theory of the state, sovereignty and the distribution of power, on the system of government.
Judging from the arrangement of legal norms, it is not merely stipulated, but because there are functions and content of their Materi Muatan

How to find it:

From the Provisions of the 1945 Constitution before the amendment

After The Amendment

2. State's Insight on Law

In the state of Rechtstaat, the state is obliged to organize the welfare of the people, so that government interference in managing the economic, political, social, cultural and environmental lives.
The law becomes important in protecting the human rights of its people and avoiding the authorities who can arbitrarily regulate the people.
Ad. 3. Insight on Government Based on the Constitution
the government exercises its governmental authority limited by the existence of a constitution (basic law)

In the explanation of the Batang Tubuh of the 1945 Constitution�

The delegation of authority to the law to stipulate further the constitution and the establishment of the law requires the approval of the DPR, besides that the President also has the authority to form PPs and other regulations.

Conclusion….

Materi Muatan in Act Number 10 of 2004

To further regulate the provisions of the 1945 Constitution, which include:
Human rights, rights and obligations of citizens, the implementation and enforcement of state sovereignty, the division of state and region, state territory and regional division, citizenship and population and state finances.
Ordered by Act to regulated by Act

Materi Muatan of an Act based on Act Number 12/11

Article 10

(1) The contents of material which must be regulated by Act contains:
further arrangements regarding the provisions of the 1945 Constitution of the Republic of Indonesia;
order of an Act to be regulated by Act;
the ratification of certain international agreements;
follow-up to the decision of the Constitutional Court; and / or
fulfillment of legal needs in society.
(2) Follow-up on the decision of the Constitutional Court as referred to in verse (1) letter d shall be carried out by the DPR or the President.

Materi Muatan Perppu

Explanation of Article 22 of the 1945 Constitution, the Perppu is on the same level, so the ‘materi muatan’ is the same as Act
Article 9 of Act no.10 of 2004 also states that materi muatan of Perppu is the same as Act.

Materi Muatan PP

The nature of PP is the delegation regulation from the Act
So the material content: limited to what is bestowed by the Act that gives it or that must be regulated further by the PP.
Must not deviate from the Act

Materi Muatan Perpres

According to Prof. Hamid, after knowing and finding materi muatan in the Act, the remaining materi muatan is identified, namely the PerPres material.

Judging from the function
As a function of government administration (Ps.4 (1) 1945 Constitution) --- attribution of the Constitution
b. As a further function of the Act / PP then the charge material: Perpres Attribution is the rest of the contents of the Act. Perpres Delegation is a further regulation of the regulations above (can be from the Act / PP)