Rules and Basis for the Application of Legislative Regulations
Rules and Basis for the Application of Legislative Regulations – Our discussion this time is about the Law, what will we discuss?
This time Regarding Knowledge will discuss a little about the complete Legislative Regulations, including the rules, principles and basis for their application.
Rules and Basis for the Application of Legislative Regulations
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Basis for the Application of Legislative Regulations
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Philosophical Foundations
First, the philosophical basis is the basis related to the basic ideology of the state, namely Pancasila
Sociological Foundations
Furthermore, the sociological basis means that laws and regulations must be related to the conditions or realities that grow and live in society.
Juridical Foundation
Juridical Basis means the juridical/legal basis for making laws and regulations relating to the following matters:
- There must be authority from the legislative regulator.
- There must be conformity between the type and content of statutory regulations.
- The obligation to follow certain methods or procedures.
- The requirement does not conflict with higher level statutory regulations.
Principles of Legislation
The principles of statutory regulations are as follows:
- The basis of statutory regulations is always the statutory regulations that are above it.
- Only certain statutory regulations can be used as a juridical basis, meaning only regulations equivalent or higher legislation and is directly related to future legislation made.
- Legislation that is still in force can only be deleted, revoked or changed by legislation of an equivalent or higher level.
- New laws and regulations override old laws and regulations.
- Higher laws and regulations override lower laws.
- Specific laws and regulations override general laws.
- Each type of legal regulation has different material.
Sequence of Indonesian Legislative Regulations
The Constitution is a written basic law that a country must have. To implement this basic law, an instrument was created by the relevant institution. If sorted from top to bottom, a legal order will be arranged.
Along with the development of the dynamics of national and state life, the sequence of Indonesian laws and regulations has undergone changes. With the existence of Law Number 10 of 2004, the sequence of Indonesian laws and regulations as stated in MPR Decree No. III/MPR/2000 becomes invalid.
The sequence of Indonesian laws and regulations according to Law No. 10 of 2004 is as follows.
- 1945 Constitution.
- Government regulations.
- Law or Government Regulation in Lieu of Law.
- Presidential decree.
- Regional Regulations consisting of:
- Provincial Regulation
- Regency/City Regional Regulation.
- Village regulations/similar regulations
That's a brief discussion about Rules, Principles and Basis for the Application of Legislative Regulations, hopefully it's useful for all of us. Thank you 🙂
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