CD Skripsi

Politik Hukum Pengembalian Ketetapan Majelis Permusyawaratan Rakyat Dalam Hirarki Peraturan Perundang-Undangan Berdasarkan Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan Di Indonesia

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The structure of a legal state in principle is a way to create a complex legal
system, to realize the legal order that governs the relationship between the
communities by the state or state institutions in a region or country. Hans Kelsen in
his book entitled "General Theory of Law and state" suggests a theory known as the
"Stufen theory". In the essence of this theory assert legal hierarchical, structured
shows that law subordinate must not conflict with the law who are in it or a higher
degree. Historical development hierarchy Laws and Regulations in Indonesia started
since 1966 in the form back to the Regulation of Legislation No. 12 in 2011. In 1996,
by the provisions of the People's Consultative Assembly (MPR) Number. XX / MPR /
1966 Appendix 2, stated that the Hierarchy of Laws and Regulations Indonesia.
Considering need to reform of legal products to fit the needs of the people so, that the
law not only as a complement to the administration of the state alone but also have a
very important role in advancing Indonesian state administration as well as increased
development of the public to be more developed in accordance with the demands of
the times.
So based on the above-mentioned background writer interested in studying
due to the recurrence of People's Consultative Assembly provisions in the legislation
hierarchy after the enactment of Law No. 12 Year 2011 on the Establishment of
legislation, raises various questions, regarding the position of the People's
Consultative Assembly re-provision , the writer put it in the form of a thesis with the
title, "Political Law of the People's Consultative Assembly Decree Returns in
Hierarchy of Laws and Regulations Under Law No. 12 of 2011 Concerning the
Establishment of Laws and Regulations in Indonesia" It is increasingly clear
where the hierarchy legislation as part of the political Indonesian law. That the
existence of a hierarchy of legislation determine the national legal system in
achieving the objectives of the state. Similarly, in a historical journey Indonesian
state structure, the of a new norm sequence are known in the Decision of the
Assembly No. XX / MPRS / 1966 on the Memorandum DPR-GR about the source of
legal order of the Republic of Indonesia and the sort order rules Legislation of the
Republic of Indonesia. Practically before that, Indonesia does not recognize a
hierarchy of Laws and Regulations.
Then the constitutional arrangement of the order of legal norms Laws and
Regulations in Indonesia is regulated in Law Number 12 of 2011 on the
Establishment of Laws and Regulations, namely in article 7, paragraph (1) confirms
Legislation in Indonesia adopts a hierarchy of Laws invitation. The existence of a
hierarchy of Laws and Regulations serve to create legal certainty as well as the
implementation of state law. So with the hierarchy of Laws and Regulations, a
Regulation Legislation required no longer in conflict with the rules higher position.
Aware of
the problems associated with the presence of MPR, Act No. 12 of 2011 again put MPR under the Constitution of the Republic of Indonesia Year 1945 in the sort order of Laws and Regulations system, after it was lost due to the enactment of Law No. 10 Year 2004. Thus, the position of the MPR legally return is above the law, so that legality should be viewed as a policy direction to policy makers in the formation of legislation. Positions MPR can be known by looking at and understanding the substance of which is set in Article 7 Paragraph (1) of Law No. 12 of 2011. According to Law No. 12 of 2011 that the MPR is part of the type and hierarchy Regulation Legislation placed under the Constitution RI 1945. This means MPR no longer merely beschiking but also be Regeling. It is as stipulated in Article 7 paragraph (1) of Law Number.
The reason inclusion back MPR Decree as one of the Laws and Regulations and placed in the hierarchy of Laws and Regulations in the position under the 1945 Constitution and above the law as stipulated in Article 7 Paragraph (1) of Law Number 12 Year 2011 This is because until now, there are still regulatory nature MPR Decree (Regeling) and serves as a product for the general binding rules. Therefore, re-enter the MPR into the hierarchy of legislation is a step in the right to assert its presence as one of the Laws and Regulations that position is a lower level than 1945. Given the need for reform of legal products to fit the needs of the people so that the law not only as a complement to the administration of the state alone but also have a very important role in advancing Indonesian state administration as well as increased development of the public to be more developed in accordance with the demands of the times. Legal source consisting of a source of law in material and formal sense, based on the provisions of annex II MPRS-RI No.XX / MPRS / 1966 jo. Article 2 of MPR Decree No. III / MPR / 2000 jo. Article 4 paragraph (4) MPR Decree Number I / MPR / 2003, the MPR is expressed as a source of formal law and become part of the legislations. With expressly stated that its position in the sort order legislation is above the Law legislation which means that the position of the Assembly is in the top position of the President and Parliament as the legislators. MPR notch is above the notch Act. MPR can be the basis of a law test if adapted to the legal principle of lex superiorderogat legi inferiori (a higher law override lower).
Keywords: Politics Returns Law TAP MPR

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 115 (0017)

Penerbit

Pekanbaru : Universitas Riau - Fakultas Hukum - Hukum Tata Negara., 2015

Deskripsi Fisik

v, 128 hlm.;ill.; 29 cm

Bahasa

ISBN/ISSN

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Klasifikasi

09 03. 115 (0017)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

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