The Existence of Academic Document on Development of Legal Drafting

Abstract

This research purpose to comprehending Indonesia as a legal state, the state is obliged to carry out the development of national law committed in a planned, cohesiveness terpadu, and sustainable in the national legal system that ensures protection of the rights and obligations of all the people in Indonesia based on constitution 1945. Indonesian legal state has characteristic because Pancasila as a basic of law which has differential with the other country that based on west law, such as deliberation, social justice and a law which based on national interest and Indonesian unitary Indonesia which protect the Indonesian homeland. This research is a normative legal research that uses methods of analysis perspective. Most of the data obtained through the library research which done by examining library materials such as books, journals, research report and sekunder data which study about legal drafting. This research show that, firstly, politic of law as a legal frame work and role to create isu contituendum. President before amendment of constitution 1945 has authority to establish laws, and The House of Representatif (DPR) has authority to give enactment of draft. After amendment constitution 1945 there are shift of power that the legislator’s authority in the hands of the House. Second, the existence of an academic document in each drafting legislation to provide an overview of the results of scientific research that underlie design of any proposed legislation that will be presented and discussed in the House.