Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

Abstract

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

Analysis of the formation of laws and regulations in the Indonesian legislation hierarchy

“…Concerning the juridical basis for forming delegation regulations, it should be noted that not every law can be used as a legal basis for forming a law. In this case, only legislation whose position is equal or higher can delegate its norms for follow-up regulated by lower legislation (H. K. Putra et al, 2020).…”

“…This action is done solely to initiate the basic baseline of taking the next existing action. At this stage it is very important to involve stakeholders from various backgrounds and interests to get a complex and holistic picture (H. K. Putra et al, 2020).…”

“…Laws and regulations are written laws that contain legally binding norms in general and are formed or determined by state institutions or authorized officials through procedures regulated in laws and regulations (Article 1 point 2 of Law Number 12 of 2011 concerning Formation of Legislation) (H. K. Putra, sudarsono, Istislam, & Widiarto, 2020). The types of laws and regulations that are recognized as part of the hierarchy of laws and regulations in Indonesia are contained in Article 7 Paragraph (1) of Law Number 12 of 2011 concerning Formation of Legislation (Law Number 12 of 2011) consisting of (1) Types and hierarchy of laws and regulations consisting of the 1945 Constitution of the Republic of Indonesia; Decrees of the People's Consultative Assembly, Laws/Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, Regional Regulations, and Regency/City Regional Regulations; and (2) The legal force of laws and regulations follows the hierarchy as referred to in paragraph (1).…”