The change in the meaning of the State Administration Decree (KTUN) as stipulated in Article 87 of the Government Administration Act raises academic questions when the change had not been made through the amendment to the PTUN Law. This study discusses first, analysis on the change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the theory of repeal and changes in legislation. Second, change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the principles of the statutory rules. Third, implications of changing the meaning of KTUN according to Law No. 30 of 2014 against the absolute competence of PTUN. This is a normative study with qualitative analysis. The results of the study concluded, firstly, based on the theory of changes in legislation, the amendment to the provision of KTUN is not at all appropriate. Because it is done through a law that (the substantive content) is different. Second, the principles of statutory rules, namely lex specialis derogat legi generali, and lex posteriori derogat priori legi are not applicable to the enactment of Article 87 of Law No. 30 of 2014. Third, amendment to the provision of the KTUN according to Article 87 of Law No. 30 of 2014 has expanded the absolute authority of the PTUN to examine, to prosecute, and to decide the unlawful acts committed by the state officials that were previously the authority of the general court.
This study aims to determine and understand the extent to which the state administration of the unitary Republic of Indonesia is based on the 1945 Constitution of the Republic of Indonesia (UUDNRI 1945), which was established by the Preparatory Committee for Indonesian Independence on August 18, 1945, especially during the trip. As the rule of law by emphasizing the judicial power held by the Supreme Court, continued according to the 1949 Constitution of the Republic of Indonesia (RIS Constitution), then according to the Provisional Constitution of 1950 (UUDS 1950), according to the 1945 Constitution of the Presidential Decree on July 5, 1959, and according to the 1945 Constitution of the amendment and since the amendment has been completed up to now.
The existence of the Regional Representative Council (DPD) which is regulated in Article 22D of the 1945 Constitution of the Republic of Indonesia (UUDNRI of 1945) with the authority of the DPD as regulated in Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014 Regarding the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council (MD3), in particular Article 249 Paragraph (1) letter e. Article 22D of the 1945 Constitution places the position of the DPD as an institution that has the authority to submit a Bill relating to regional autonomy, central and regional relations, the formation and expansion of regions and the merger of regions, management of natural resources and other economic resources as well as related also by placing the DPD position to monitor and evaluate the Draft District / City Regional Regulations and Regency / City Regional Regulations according to Law Number 2 of 2018 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council (DPR) ( MD3). This authority will cause problems especially those regulated in Law Number 2 of 2018 concerning MD3, because the Regency / City Regional People's Representative Council and the Governor as representatives of the central government do the same thing as is done by the DPD as regulated in Law Number 23 2014 concerning Regional Government, particularly in the provisions of Article 149 Paragraph (1) and Article 153 Paragraph (1). While the form of coordination that will be carried out by the DPD and the Regional Government has yet to exist, in addition to the DPD's position as a high state institution will cause problems when coordinating with the Regency / City DPRD as an element of the regional government.Keywords: The telescope, Position, DPD, State Administration, Republic of Indonesia
Whereas Article 31 Paragraph (2) of the 1945 Constitution (before the amendment) is the legal basis for the formation of Law Number 2 of 1989 concerning the National Education System (Law on National Education System), furthermore based on the provisions of Article 31 Paragraph (2) of the Law. The 1945 Constitution of the Republic of Indonesia (UUDNRI 1945) resulted from the amendment that has formed Law Number 20 of 2003 concerning the National Education System (New National Education System) as a substitute for the National Education System Law. According to Article 58 paragraph (1) and paragraph (2) of the new National Education System, provisions related to "evaluation of student learning are carried out by educators (teachers), while student evaluation is carried out by independent institutions. In this case, it is carried out by the National Education Standards Agency (BSNP).Furthermore, as the implementation of the new National Education System, Government Regulation Number 19 of 2005 in conjunction with Government Regulation Number 32 of 2013 in conjunction with Government Regulation Number 13 of 2013 concerning National Education Standards, which in Article 66 paragraph (1) regulates the National Examination (UN ) organized by the government, in this case, the BSNP. Whereas according to the provisions of Article 58 paragraph (1) and paragraph (2) of the new National Education System, the evaluation of student learning outcomes and student evaluation is not the government's authority, in this case, BSNP. And BSNP was formed based on the Regulation of the Minister of Education and Culture Number 97 of 2013 concerning the National Education Standards Agency. Along with the development of the Covid 19 outbreak, the Minister of Education and Culture issued Circular Number 1 of 2021 regarding the Abolition of the National Examination in the Covid 18 situation, but along with the issuance of this circular the position of Article 66 paragraph (1) Government Regulation Number 13 of 2013 concerning The National Education Standards which are the basis for the implementation of the national examinations are still in effect, besides that the position of circulars in the statutory system is not included in one of the hierarchies of statutory regulations so that the elimination of the national exams itself creates legal uncertainty.Keywords: binoculars, certainty, law, negation, national examination.
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