Abstract
Circular issued by state institutions in the framework of the freies ermessen principle. Circular in administrative law is known as policy regulation/ belleidsregel. The Supreme Court as a state institution also has the authority to issue circular letters. This paper focused on the standard circular issued by the Supreme Court. This paper was legal research that was carried out with the statute approach and conceptual approach. Based on the analysis, circulars issued by the supreme court contained restrictions, namely that they should not influence the judge in examining the case.
Highlights
In the concept of the rule of law[1], all actions taken must rely on the law
This product is inseparable from the connection of the use of freies ermessen principles, that is the actions of the government which requires freedom to be able to act on its own initiative, especially in resolving issues that require immediately because the regulations for the resolution of the problem do not yet exist
Government in a broad sense includes all state apparatus, which occurs from the branches of the executive, legislative and judicial powers or other state apparatus that act for and on behalf of the state, while the Government can be interpreted in the narrow sense of the implementation of office executive or more importantly, the government as the organizer of
Summary
In the concept of the rule of law[1], all actions taken must rely on the law. One of the legal products is legislation. Agency or official of the State Administrative often take a variety of specific policy measures, such as creating a policy regulation (beleidsregel). This product is inseparable from the connection of the use of freies ermessen principles, that is the actions of the government (state administration) which requires freedom to be able to act on its own initiative, especially in resolving issues that require immediately because the regulations for the resolution of the problem do not yet exist. The Supreme Court is one of the perpetrators of judicial power[4] in Indonesia, which includes the principle of independence in carrying out the duties and functions of the power of the judiciary
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