CD Skripsi
Kedudukan Dan Kekuatan Hukum Keputusan Bersama Menteri Dalam Perspektif Peraturan Perundang-Undangan Di Indonesia
ABSTRACT
Joint Ministerial Decree is a decision made by more than one minister on a matter which each minister concerned has an interest in regulating. Joint Ministerial Decrees are regulated in Indonesian laws and regulations. However, the implementation of the position and legal force of the Joint Ministerial Decree is still a matter of debate in terms of several aspects, such as the definition, content of the Joint Ministerial Decree. One example of a controversial SKBM is SKB No. 2/KB/2021 Concerning the Use of Uniforms and Attributes for Students, Educators, and Education Personnel in Schools Organized by Local Governments at Elementary and Secondary Education Levels and Number KEP-033/A/JA/6/2008 Concerning Warnings and Orders to Adherent Members, and/or Members of the Management of the Indonesian Ahmadiyya Congregation (JAI) and members of the public.
The purposes of this study are: First, to find out how the position and legal power of joint ministerial decisions in the perspective of legislation in Indonesia, Second, to find out the ideal concept of the position and legal power of joint ministerial decisions in the perspective of laws and regulations in Indonesia.
The author conducted this research using a normative research method or literature study which discusses the vertical and horizontal synchronization of law relating to the Joint Ministerial Decree in the perspective of legislation in Indonesia. From the research problems above, there are 2 main things that can be concluded. First, in Law no. 12 of 2011 concerning the formation of laws and regulations does not explicitly mention the existence of a ministerial decision included in the hierarchy of laws and regulations, but it is implicitly stated in Article 8 point 1 covering regulations set by the minister. In addition to issuing regulations, the minister also has the authority to issue policies in the form of decisions. On the other hand, this proves that this ministerial decision also has binding legal force. Second, the ideal concept of this Ministerial SKB is the adjustment of the content of the Ministerial SKB which is individual and concrete and furthermore regarding the arrangement of filing lawsuits and re-examination of the existence of joint ministerial decrees.
Keywords: Joint Decree, Minister, Legislation
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