Produk dan Hierarki Perundang undangan

Summary

This video script explains Indonesia's legal framework, focusing on the hierarchy of regulations and the process of law formation. Law Number 12 of 2011 outlines the stages of creating laws, from planning to promulgation, and emphasizes public participation in the process. It details seven primary types of legal regulations in Indonesia, including the Constitution, Government Regulations, and Local Regulations. The script also highlights the authority of various bodies to create laws, ensuring a structured, transparent, and inclusive system of governance. The content is designed to inform about Indonesia's legal system and the importance of following standardized procedures in law-making.

Takeaways

• 😀 The script discusses the hierarchy of regulations in Indonesia, focusing on laws and regulations formed by state institutions or authorized officials.
• 😀 Legislation in Indonesia is created through a structured process involving planning, drafting, discussion, ratification, and promulgation.
• 😀 The public has the right to participate in the legislative process through public hearings, written or oral submissions, seminars, and other forums.
• 😀 The importance of the law regarding the formation of legislation is highlighted, ensuring that Indonesia functions as a legal state with a national legal system that protects the rights and obligations of its citizens.
• 😀 The law emphasizes the creation of clear, standardized procedures for the formation of regulations, ensuring consistency and binding authority across authorized institutions.
• 😀 There are seven main types of regulations in Indonesia: the Constitution, People's Consultative Assembly Decrees, laws, government regulations, presidential regulations, provincial regulations, and district or city regulations.
• 😀 The hierarchy of these regulations is clearly defined, with the Constitution at the top, followed by various national and regional regulations in descending order of authority.
• 😀 Certain authorized bodies, such as the People's Representative Council (DPR), the Constitutional Court, and various ministries, have the authority to create or approve regulations.
• 😀 In addition to the seven main types of regulations, there are other regulations recognized by law, including those formed by various government institutions like the DPR, ministries, and local governments.
• 😀 The products of these regulations, regardless of their specific origin, are legally valid and serve as guidelines for the implementation of national governance in Indonesia.

Q & A

What is the primary purpose of the Indonesian law formation process?

The primary purpose of the Indonesian law formation process is to create binding legal norms through a structured procedure, ensuring public participation and the establishment of regulations that meet societal needs.

How does public involvement play a role in the Indonesian law formation process?

Public involvement is crucial in the Indonesian law formation process. Citizens can provide input through oral or written feedback, public hearings, workshops, seminars, and other forums to ensure that laws reflect the needs and interests of society.

What are the key stages involved in the creation of a regulation in Indonesia?

The key stages in the creation of a regulation in Indonesia include planning, drafting, debating, enacting, and promulgating the law. These stages ensure that the law is carefully considered and refined before being finalized.

What are the seven types of regulations in the hierarchy of Indonesian law?

The seven types of regulations in the hierarchy of Indonesian law, as outlined in Law No. 12 of 2011, are: 1) The Constitution (UUD 1945), 2) Decrees by the People's Consultative Assembly (MPR), 3) Laws, 4) Government Regulations in lieu of Laws (Perppu), 5) Government Regulations (PP), 6) Presidential Regulations (Perpres), and 7) Provincial and City/County Regional Regulations (Perda Provinsi and Perda Kabupaten/Kota).

What is the role of the Indonesian Constitution (UUD 1945) in the regulatory hierarchy?

The Indonesian Constitution (UUD 1945) is the highest regulation in the legal hierarchy. It provides the foundational legal framework for all other laws and regulations in Indonesia.

Who is responsible for creating Government Regulations (PP) and Presidential Regulations (Perpres)?

Government Regulations (PP) are issued by the President of Indonesia, while Presidential Regulations (Perpres) are specifically enacted by the President to address specific matters within their authority.

What are the differences between Provincial and City/County Regional Regulations (Perda Provinsi and Perda Kabupaten/Kota)?

Provincial Regional Regulations (Perda Provinsi) are laws enacted by provincial governments, while City/County Regional Regulations (Perda Kabupaten/Kota) are enacted by local governments at the city or county level. Both types are designed to address regional issues within their respective jurisdictions.

What additional types of regulations are recognized by Law No. 12 of 2011 besides the seven main types?

In addition to the seven main types, Law No. 12 of 2011 recognizes other regulations issued by institutions such as the Indonesian Parliament (DPR), regional legislative bodies, ministers, local government heads, and specific agencies like the Supreme Court, Constitutional Court, and the Financial Supervisory Agency (BPK).

What is the significance of Law No. 12 of 2011 in the regulation formation process in Indonesia?

Law No. 12 of 2011 is crucial as it defines the process for creating regulations, establishes the hierarchy of laws, and emphasizes the importance of public participation. It ensures that regulations are formed in a structured, standardized, and legally binding manner.

How does the Indonesian legal system ensure that regulations are consistent with national goals and human rights?

The Indonesian legal system ensures consistency with national goals and human rights through a structured law formation process that involves public feedback and ensures that regulations are aligned with the Constitution (UUD 1945) and national development goals. This process helps safeguard the protection of citizens' rights.