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Hirarki Peraturan Perundang-undangan menurut UU no. 10 Tahun 2004

KOMPAS.com – Sebagai negara hukum, Indonesia memiliki tingkat kebijakan publik yang dituangkan dalam bentuk peraturan perundang-undangan.

Peraturan Perundang-undangan adalah peraturan tertulis yang memuat norma-norma hukum yang bersifat mengikat secara umum. Hirarki peraturan perundang-undangan telah diatur dalam Undang-Undang atau Undang-Undang Nomor 10 Tahun 2004.

Tatanan Peraturan Perundang-undangan menurut Undang-Undang Nomor 10 Tahun 2004

Pasal 7 Undang-Undang Nomor 10 Tahun 2004 mengatur tentang tatanan peraturan perundang-undangan, yaitu:

  • [1945ConstitutionoftheRepublicofIndonesia
  • Laws or government regulations in lieu of laws.
  • Government regulations.
  • Presidential decree.
  • Local regulation.

It is further stated that the regional regulations in question include:

  • Provincial regulations are made by the Regional People’s Representative Council or the provincial DPRD together with the governor.
  • Regency or city regulations are made by the regency or city DPRD together with the regent or mayor.
  • Village regulations or regulations of the same level are made by the People’s Representative Council or equivalent institutions, together with the village head.

The 1945 Constitution is the highest form of legislation that becomes the basis and source for all regulations under it in the state.

In accordance with the principle of the rule of law, every statutory regulation must be sourced and refers strictly to a higher level regulation.

Also read: DPR Revises Law Formation of Legislations

Weaknesses of Law Number 10 Year 2004

The order of legislation according to Law Number 10 of 2004 does not include MPR provisions in it. This means that there is a logical consequence of the loss of the MPR policy through the MPR decree as a legal product.

However, in paragraphs 1 to 5 of article 7 of Law number 10 of 2004 it is stated that laws and regulations other than those listed in the statutory order are recognized and have binding legal force as long as they are ordered by higher laws and regulations.

The two statements become contradictory or contradictory.

In addition, provisions regarding the preparation of laws and regulations and their amendments will be determined later by presidential regulation.

However, until this law is promulgated, the presidential regulation in question has not been issued by the president. In fact, the presidential regulation should have been attached together with the promulgation of this law.

Reference

  • Busroh, Freddy’s Word. 2018. Understanding Indonesian Constitutional Law. Depok: Rajawali Press

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