CD Skripsi

Kedudukan Surat Keputusan Bersama Lembaga Pemerintahan Dal Am Sistem Hukum Indonesia (Studi: Surat Keputusan Bersama Tentang Pedoman Implementasi Undang- Undang Informasi Dan Transaksi Elektronik)

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ABSTRACT
The government made Law Number 11 of 2008 and then revised it with
Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008
concerning Information and Electronic Transactions as a response to
developments in the field of technology and information. This aims to fill the legal
vacuum for the development of criminal acts in cyberspace or social media.
Meanwhile, the implementation of the Information and Electronic Transaction
Law has caused unrest in society due to the existence of several rubber articles in
the Law. So that as the government's response to this problem, the government
formed a Joint Decree on Guidelines for the Implementation of the Electronic
Information and Transaction Law. So with this SKB it is hoped that there will be
no more multi-interpretations. However, this SKB has sparked debate in the
Indonesian legal system regarding the legality of making the SKB as well as
regarding its implementation. Because how is it possible for a legal product in the
form of an Act to be locked up by an SKB as if this SKB has super power that can
overpower the Act.
This type of research can be classified into the type of normative legal
research related to the position and nature of the norms of joint decrees that are
linked in the hierarchy of laws and regulations. Then use data sources from
primary, secondary and tertiary legal materials by conducting literature studies
in collecting data and using qualitative analysis methods in processing data and
drawing conclusions.
From the results of the research problem there are two main things that
can be concluded. First, the Joint Decree does not have a position in the
hierarchy of Article 7 Law Number 12 of 2011 Concerning the Formation of
Legislation. Then, when viewed from Article 8 Paragraph (1) regarding the Joint
Decree on Government Institutions Concerning Guidelines for the Implementation
of the Information and Electronic Transactions Law, after the author conducted a
study, it turns out that there is not a single law ordering the Joint Decree to be
made to the Chief of Police, Kajagung, and the Minister of Communication and
Informatics as well as in terms of their authority. Second, it is necessary to review
the Joint Decree, because it is hoped that in the future the joint decree can
become an alternative law before a law is formed to overcome existing legal
problems. Of course, no longer as a Joint Decree but as a Joint Regulation.
Keywords: Joint Decree, decision (beschikking), regulation (regeling)

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909124438

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909124438

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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