Abstract
<em>Law is a set of regulations that contain a kind of unity that we understand through a system, as one form of this realization through Article 22A of the 1945 Constitution of the Republic of Indonesia. The legal force binds a regulation in accordance with the hierarchy as referred to in Article 7 of the Law Number 15 of 2019 on the Establishment of Laws and Regulations (hereinafter Law Number 15 of 2019), but in line with Law Number 15 of 2019, it does not recognize the legal standing of the Ministerial Regulation. This research focuses on analyzing and finding answers to questions about the legal standing and characteristics of Ministerial Regulations in the Hierarchy of Statutory Regulations in Indonesia. The research method with a normative juridical approach, prioritizes library research and its implementation in practice. Research specifications are descriptive. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as a support. The theory put forward by Hans Kelsen through Stufen Theory and Adolf Merkl’s theory through (Das Doppelte Rechtsantlitz) as a basic analysis to study the legal standing and characteristics of the Ministerial Regulation. In line with the Law 9 of 2015 on the Local Government that Ministerial Regulations are above Provincial, Regency / City Regional Regulations, thus Ministerial Regulations may not conflict with Presidential Regulations and Government Regulations and provide guidelines for Provincial, District / City Regulations in determining the local regulations</em>
Highlights
The State of Indonesia is a state of law which means the state is based on law or rechtsstaat not based on mere authority or machsstaat as stated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia
In line with the Law 9 of 2015 on the Local Government that Ministerial Regulations are above Provincial, Regency / City Regional Regulations, Ministerial Regulations may not conflict with Presidential Regulations and Government Regulations and provide guidelines for Provincial, District / City Regulations in determining the local regulations
This study focuses on analyzing and finding answers to questions about the characteristics of the Ministerial Regulations in the Hierarchy of Statutory Regulations in Indonesia
Summary
The State of Indonesia is a state of law which means the state is based on law or rechtsstaat not based on mere authority or machsstaat as stated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 Constitution). The existence of the Ministerial Regulation is recognized and has binding legal force as it is ordered by higher Regulations or formed based on authority as referred to in Article 8 paragraph (2) of the Law Number 15 of 2019, the explanation of what is meant by based on authority is the implementation of certain government affairs in accordance with the provisions of the legislation. This shows that there are 2 (two) different characteristics of the Regulation made by a Minister. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as a support
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
