PENGERTIAN DAN TATA URUTAN PERATURAN UNDANG-UNDANG

Summary

This video explains the definition and hierarchy of regulations in Indonesia. It begins by outlining the stages of law formation, from planning to publication. It then details the various levels in Indonesia’s regulatory framework, starting with the Constitution as the highest authority, followed by MPR Decrees, Laws, Government Regulations, Presidential Regulations, and local Provincial and Regional Regulations. The video provides a clear and structured overview of how laws are formed and organized, making it an essential resource for understanding Indonesia’s legal system.

Takeaways

• 😀 The video discusses the concept of 'peraturan perundang-undangan' (legislation) and the hierarchy of laws in Indonesia.
• 😀 'Peraturan perundang-undangan' refers to written regulations containing legal norms that are generally binding and created by authorized bodies.
• 😀 The process of creating legislation involves several stages: planning, drafting, discussion, approval, and enactment.
• 😀 The hierarchy of regulations in Indonesia is structured according to the Law No. 12 of 2011, which defines the order of importance of various laws.
• 😀 The highest law in Indonesia is the 1945 Constitution (UUD 1945), which serves as the supreme legal source and a control tool for other regulations.
• 😀 MPR Decrees (Ketetapan MPR) are decisions made by the People’s Consultative Assembly, which are legally binding both internally and externally.
• 😀 Laws (Undang-undang) and Government Regulations in Lieu of Laws (Peraturan Pemerintah Pengganti Undang-Undang) have equivalent status and are created by the DPR with the President's approval or by the President in urgent situations.
• 😀 Government Regulations (Peraturan Pemerintah) are issued by the President to implement laws effectively.
• 😀 Presidential Regulations (Peraturan Presiden) are enacted to implement higher laws or execute government authority.
• 😀 Regional Regulations (Peraturan Daerah) are created by provincial or district/city legislatures to meet local needs and comply with higher laws.

Q & A

What is the definition of 'peraturan perundang-undangan' in Indonesia?

Peraturan perundang-undangan refers to written regulations containing legal norms that are binding in a general sense, created by authorized state institutions or officials through a set procedure.

What are the stages involved in the formation of peraturan perundang-undangan?

The formation process includes five stages: 1) Planning, 2) Drafting, 3) Discussion, 4) Ratification and Enactment, 5) Publication.

What is the hierarchy of legislation in Indonesia, as described in the script?

The hierarchy of legislation in Indonesia, according to the script, is as follows: 1) Undang-Undang Dasar 1945 (Constitution), 2) Ketetapan MPR (People's Consultative Assembly Decrees), 3) Undang-Undang (Laws) and Peraturan Pemerintah Pengganti Undang-Undang (Government Regulations in Lieu of Laws), 4) Peraturan Pemerintah (Government Regulations), 5) Peraturan Presiden (Presidential Regulations), 6) Peraturan Daerah Provinsi (Provincial Regulations), 7) Peraturan Daerah Kabupaten/Kota (Regency/City Regulations).

Why is the Undang-Undang Dasar 1945 considered the highest source of law in Indonesia?

The Undang-Undang Dasar 1945 (UUD 1945) is the highest source of law in Indonesia because it serves as the fundamental legal framework, ensuring all other regulations align with its principles.

What is the role of Ketetapan MPR in Indonesia's legal system?

Ketetapan MPR are decrees issued by the People's Consultative Assembly that have binding legal force both internally (for the Assembly members) and externally (for citizens, society, and state institutions).

What distinguishes Undang-Undang (Laws) from Peraturan Pemerintah Pengganti Undang-Undang (Perppu)?

Undang-Undang (Laws) are regulations created by the People's Representative Council (DPR) with the President's approval. Perppu (Government Regulations in Lieu of Laws), however, are regulations issued by the President during emergencies, and they hold equal legal status as laws.

What is the function of Peraturan Pemerintah (Government Regulations) in Indonesia?

Peraturan Pemerintah (PP) are regulations issued by the President to implement the laws (Undang-Undang), offering more detailed guidance on how laws should be executed.

What is the purpose of Peraturan Presiden (Presidential Regulations)?

Peraturan Presiden (Perpres) are regulations issued by the President to carry out higher-level regulations or to manage governmental functions.

How do Peraturan Daerah (Regional Regulations) fit into Indonesia's legal hierarchy?

Peraturan Daerah, both at the provincial and regency/city levels, are regional regulations created by local legislative bodies in collaboration with local executives (governors or mayors) to meet regional needs while complying with national regulations.

How can the hierarchy of laws in Indonesia impact the legal system?

The hierarchy of laws ensures that all regulations follow a clear order, with the highest laws setting the foundational principles, while lower regulations must conform to the higher laws. This structure ensures consistency and clarity in Indonesia's legal system.