Abstract
The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.
Highlights
In carrying out government administration, the government is given a number of tasks and great responsibilities to realize the welfare of the people
In line with the implementation of the task and the authority, the President of the Republic of Indonesia must carry out governmental authority, as well as strengthen and strengthen the presidential system of the Republic of Indonesia as stated in Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, that "The President of the Republic of Indonesia holds the authority of government", this will simultaneously strengthen and strengthen the presidential system of the Republic of Indonesia as stated in Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, The State of Indonesia (Ahmad, et al 2008))
Data from the Online Law in September 2018 mentions that many Ministerial Regulations were deregulated by the Coordinating Ministry in the Economy) because they inhibited the investment world while the rest contradicted the regulations above and created overlap, while in the permit sector as many as 47 Ministerial Regulations, in the investment sector 8 Ministerial Regulations, in the field of Export and Import Commerce 47 Ministerial Regulations, in the area of business ease 100 Ministerial Regulations. The birth of this problematic Ministerial Regulation was due to the nature and function of the statutory regulations which could not yet be implemented into the practice of establishing statutory regulations (Ministerial Regulations). This is consistent with the results of research conducted by the author that the Ministerial Regulation is problematic due to 3 factors; (1) the process of making Ministerial Regulation that is not in accordance with the provisions of the legislation; (2) ministries that are not ready with human resources so that many do not understand the science of laws; (3) Culture or behavior of ministerial officials who erroneously understand the meaning of the material contained in the Ministerial Regulation in the context of carrying out certain affairs in government as well as administrative technical as described in Article 8 paragraph (1) and Attachment II point 211 of Law No 12 of 2011
Summary
In carrying out government administration, the government is given a number of tasks and great responsibilities to realize the welfare of the people. The birth of this problematic Ministerial Regulation was due to the nature and function of the statutory regulations (reflecting the will of the people) which could not yet be implemented into the practice of establishing statutory regulations (Ministerial Regulations) This is consistent with the results of research conducted by the author that the Ministerial Regulation is problematic due to 3 (three) factors; (1) the process of making Ministerial Regulation that is not in accordance with the provisions of the legislation (both procedure and material content); (2) ministries that are not ready with human resources (draft law) so that many do not understand the science of laws; (3) Culture or behavior of ministerial officials who erroneously understand the meaning of the material contained in the Ministerial Regulation in the context of carrying out certain affairs in government as well as administrative technical as described in Article 8 paragraph (1) and Attachment II point 211 of Law No 12 of 2011. The principles of legal land can be elaborated in the past two years, i.e.: 1. Supremacy of the Law (Supremаcy of lаw)
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