The Harmonization of Ministerial Regulations and Non-Ministry Government Institution Regulations in Perspective National Legal System

Abstract

The Harmonization of Ministerial Regulations and Regulations of Non-Ministerial Government Institutions is not regulated in detail in Law Number 12 of 2011 concerning the Establishment of Legislations as amended by Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning Formation of Legislation. Harmonization of Ministerial Regulations and Regulations of Non-Ministerial Government Institutions is still needed to avoid overlapping and conflicting norms. One way to fill the legal vacuum from the absence of detailed regulations is by issuing the Minister of Law and Human Rights Regulation Number 23 of 2018 concerning the Harmonization of Draft Ministerial Regulations, Draft Regulations of Non-ministerial Government Institutions, or Draft Regulations from Non-structural Institutions by Designers of Legislative Regulations. Minister of Law and Human Rights Regulation Number 23 of 2018 concerning Harmonization of Draft Ministerial Regulations, Draft Regulations of Non-Ministerial Government Institutions, or Draft Regulations from Non-Structural Institutions by Designers of Legislation. However, it is not only the harmonization process that needs attention but the process of forming good laws and regulations starting from planning, drafting, stipulating and enacting regulations must also be applied to Ministerial Regulations and Regulations of Non-Ministerial Government Institutions, so that the position of Ministerial Regulations and Government Institution Regulations Non-Ministry in the National Legal System is really comprehensive and thorough