Penerapan Asas Hukum Dalam Pembentukan Peraturan  Perundang-Undangan

Rokilah, Rokilah; Sulasno, Sulasno

doi:10.30656/ajudikasi.v5i2.3942

Cited by 5 publications

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“…Mertokusumo (2005), citing Bellefroid's opinion, argues that the principle of general law is the fundamental norm that is spelled out from positive law and which is not considered by legal studies to come from more general rules. The principle of general law is the deposition of positive law in society (Rokilah & Sulasno, 2021).…”

Section: Resultsmentioning

confidence: 99%

The Principles of Good Legislation Forming: A Critical Review

Busthami

2023

sjh

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This study aims to examine and analyze the fundamentality of the principles of good legislation forming. This study uses normative legal research with historical, conceptual, and statute approaches. The collection of legal materials is carried out using a literature study technique. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the principles of law are the spirit or soul of the law. The law will exist and grow in society, only and if the law is rooted in the principles of law. Meanwhile, legislation means written regulations containing generally binding legal norms. So that the principles of good legislation forming are principles of law that provide guidelines and guidance for formulating the contents of regulations. Therefore, it is recommended for legal academics to have a construction of thought based on the principles of law. In addition, the Government must ensure every legal academic’s competence when making academic manuscripts of draft legislation. In this case, the law-based state must achieve social justice for Indonesia’s people.

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Section: Resultsmentioning

confidence: 99%

The Principles of Good Legislation Forming: A Critical Review

Busthami

2023

sjh

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“…Law is solely a juridical sollen that is separated from das sein/social reality. Meanwhile, the stufentheorie teaching argues that a legal system is a hierarchy of laws in which a certain legal provision is sourced from other higher legal provisions (Rokilah & Sulasno, 2021). The most advanced provision is the grundnorm or basic norm which is hypothetical.…”

Section: Nomostatics and Nomodinamicsmentioning

confidence: 99%

Hans Kelsen’s Nomostatics and Nomodinamics Legal Theory

Arimba

2024

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Hans Kelsen is a famous figure in the positivist school, which puts forward the concept of pure law (the pure theory of law) in the concept Hans Kelsen provides two legal theories, namely static law (nomostatics) and dynamic law (nomodinamics). The purpose of this research is to understand the two legal theories put forward by Hans Kelsen, about static and dynamic law. The method used in this research is the normative juridical method with secondary legal materials in the form of books and journals that have a relevant research focus. Nomostatics legal theory is the law as a system of norms that apply, law in its resting state while nomodynamics legal theory is the process when the law is created and applied and the law is in running condition. In using a legal theory as a basis for making a law, it is necessary to be as clear as possible about the theory in the hope that the legal theory remains relevant for the next few years so that a legal theory truly follows its purpose, namely to know legal acts and to assess these acts. A legal theory is not always perfect in terms of its relevance to the times.

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Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area

Widodo

Rifa’i

Wiratama³

2022

Rechtsidee

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The area of immigration is an important aspect of immigration law enforcement and practice. This is because the immigration area preventively represents the sovereignty of a country. Even so, in the Immigration Law in Indonesia there are no special regulations regarding the immigration area. So there is the problem of a legal vacuum related to special regulations regarding the immigration area. This research is a normative legal research with a statutory and conceptual approach. The results of the study confirm that the principle of territoriality in the immigration area requires legal certainty. This is because in the practice of immigration, the principle of territoriality is an important principle, one of which is trying to prevent it from protecting the sovereignty of the state. In addition, the government needs to make a special legal product that regulates immigration areas in the form of Government Regulations and Presidential Regulations which can then be followed up technically with the regulations below. Technical follow-up to Government Regulations and Presidential Regulations can be in the form of a Regulation of the Minister of Home Affairs and specifically technical instructions regarding immigration areas can be formed for officers and law enforcement officers in the immigration sector who are specifically tasked with immigration areas.

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Penerapan Asas Hukum Dalam Pembentukan Peraturan Perundang-Undangan

Cited by 5 publications

References 0 publications

The Principles of Good Legislation Forming: A Critical Review

The Principles of Good Legislation Forming: A Critical Review

Hans Kelsen’s Nomostatics and Nomodinamics Legal Theory

Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area

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