CD Skripsi
Kedudukan Surat Edaran Mahkamah Agung Berdasarkan Undang-Undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundangundangan
Circular letters themselves are policy policies for the first few reasons,
seen from their form Circular letters do not have a formal form similar to the
prevailing regulations. Legislation has forming parts such as naming, opening,
torso, and closing. We find these parts incomplete in a circular letter, so from a
formal perspective we can draw the assumption that a circular letter is related to
a statutory regulation. Second, from the point of view of the naming "Circular", in
the book Concerning the Law on the Work of Jimmly Asshidiqie Circular category
in policy rules or quasi-laws
The problem that the authors make the basis of this research is how is the
ranking of the Supreme Court circular based on Law Number 12 of 2011
concerning the Formation of Legislation and How the content of the Supreme
Court circular letter is based on Law Number 12 of 2011 concerning the
Formation of Laws and Regulations . The purpose of this research is to see the
circular letter of the Supreme Court based on Law Number 12 of 2011 concerning
the Formation of Legislation and to see the material of the Supreme Court
circular letter based on Law Number 12 of 2011 concerning the Formation of
Laws and Regulations.
This type of research used by the author is normative legal research,
which is also called doctrinal legal research. This normative research is research
that discusses legal principles, legal systematics, legal ownership level, legal
history and legal comparisons. From this normative legal research, I am
interested in conducting research using legal systematic criteria.
The results of this study are first. Article 8 paragraph 2 Law Number 12
Year 2011. In terms of authority, the Supreme Court Circular is formed based on
the regulatory authority possessed by the Supreme Court. These regulations are
related to other functions, namely administration, advice, supervision, and justice.
However, the author is of the opinion that to determine the position of SEMA in
the hierarchy of laws and regulations, we must pay attention to certain things.
First, only SEMA whose contents are in accordance with the provisions in article
79 of the Supreme Court Law that can be included in the hierarchy of statutory
regulations. Second, Article 5 of Law Number 12 of 2011 concerning the
Formation of Laws and Regulations states that the material -The legislation must
reflect the principles of: Protection, Humanity, Nationality, Kinship, Nationality,
Bhineka Tunggal Ika, Justice, Equality in law and government, Order and legal
certainty and / or harmony, harmony and balance
Keywords: Circular, Supreme Court
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