Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System

Abstract

This article examines beschikking, regeling, and beleidseregel in the Indonesian legal system. This article aims to understand beschikking, regeling, and beleidseregel in the context of its content's type, form, and material. Using a conceptual approach method, this article will likely provide an understanding for academics and practitioners in the field of legislation. The results of this study show that beschikking in Indonesia appears in the form of KTUN. In contrast, regeling appears in the form of laws and regulations, while beleidseregel manifests in circulars and instructions. Measuring the marketability, binding, and usability of a beschikking, regeling, and beleidseregel uses a typology approach to the division of power.

Rethinking Delegated Legislation in Indonesian Legal System

“…The terms and purpose of delegated legislation can refer to the theory of sources of authority in the state administrative law (Sibarani et al, 2023). In the source of authority theory, it is explained that there are attribution, delegation, and mandate sources of authority (Al-Fatih & Muluk, 2023). Theoretically, the source of delegation authority means that delegation can only be given if there is authority to order it.…”