Hierarchy Of Legislation Research Articles

The Validity of Sanctions Arrangements in Regional Regulations

The principle of lower-level legislation in the hierarchy of legislation must not conflict with higher-level regulations and must be enforced. This includes regional regulations whose administrative sanction content must not deviate from higher-level regulations. This study aims to determine the validity of regional regulations in regulating the content of sanctions, the regulation of sanctions for regional head regulations that do not comply with the rules above them, and how binding they are when applied. The research method used is the normative legal method, including the approach to legislation and legal concepts. The comparative method is also used to compare this issue with Japan. The results of this study indicate that there is disharmony between regional regulations and their implementing regulations due to the lack of detailed regulations on the content of regional head regulations, which has the potential to cause deviations in the content and affect the validity of the legal product. This has a negative impact and confuses at the implementation level, especially on the content of sanctions that are not in sync with the rules above them. Meanwhile, in Japan, Japanese administrative sanctions are contained in a very structured and standardized manner to minimize inconsistencies in regulations at the regional level. Therefore, the formation of material content regarding sanctions in implementing regulations must be based on legal validity, both materially and formally.

Juridical Analysis of the Comparison of Different Religious Marriage Laws Based on the Adminduk Law Article 35 with SEMA No 2 Years 2023 Concerning Marriage Registration

Interfaith marriage is an issue that has not been resolved to date. In current practice in Indonesian society, interfaith marriage processions are generally carried out by carrying out the marriage with a religious procession each of which is followed by the prospective husband and wife or in the sense that there are two religious processes being carried out or only carrying out one religious procession or what generally happens is not carrying out religious processions at all so that it does not comply with Article 2 paragraph (1) of the Marriage Law regarding valid marriages. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are the Hierarchy of Legislation in Indonesia. If it is related to the Civil Admin Law Article 35 with SEMA Number 2 of 2023, the legal force of SEMA has a lower hierarchy than the law. Therefore, it can be concluded that the provisions contained in the Administer Law cannot be changed by SEMA Number 2 of 2023. However, this SEMA still influences the direction for judges not to grant requests for inter-religious marriages.

On the Rule of Law of the State's Obligation to Supply for the Basic Medical Security Right in China

The implementation of the “Healthy China Strategy” is an important part of the current national basic strategy. Health is also related to the basic survival and development of citizens. The right to health is an important fundamental right of citizens, and the basic medical security right is an important part of it. The basic medical security right is the right to guarantee citizens' basic access to medical care and the right to basic medical services, and is closely related to the right to life, the right to health and the right to social security. The State's obligation to supply for the basic medical security right mainly consists of the material supply obligation and the procedural supply obligation: the material supply obligation may be specific to the supply of medical insurance, medical assistance and medical facilities; and the procedural supply obligation consists of the supply of medical service and medical relief. The State's obligation to supply for the basic medical security right in practice in China mainly faces such practical problems as inadequate legal norms and low hierarchy of legislation, large differences in supply among regions, and low level of supply. In this context, the State's obligation to supply for the basic medical security right should be further improved by, among other things, establishing the legal system of supply governed by the Constitution, formulating scientific supply standards, and developing diversified relief channels. At the same time, in terms of the leading and consistent internal logic, change the logic of legislative thinking from emphasizing the medical security administration in “drafts for comments” to the structured and typified basic medical insurance legal relations, establishing the system of medical security law, and thus promote the rule of law of the basic medical security right.

KONSISTENSI PEMBENTUKAN PERATURAN DAERAH BERDASARKAN HIERARKI PERUNDANG-UNDANGAN DALAM PERSPEKTIF HUKUM KEPEGAWAIAN

Governmental authority is more or less left to regional governments as is the case with laws and regulations through the establishment of regional regulations (Perda) which must also meet conditions such as consistency in the formulation of standard structure and language, and the existence of a harmonized relationship between various laws and regulations. The purpose of this scientific work is to find out the process of forming regional regulations from the perspective of personnel law and to find out the consistency of the formation of regional regulations based on the hierarchy of legislation from the perspective of personnel law. The writing of this paper uses the normative legal research method using library research by inventorying and quoting legal science literature books, statutory provisions as well as scientific essays and lecture notes that are related to writing this scientific work. The conclusions from writing this scientific paper include (1) the process of forming regional regulations (Perda) from the perspective of personnel law consists of three stages, namely (a) the process of preparing the draft Perda which is the process of drafting and designing within the DPRD or within the Regional Government, consisting of preparation of academic texts and draft regional regulations; (b) the process of obtaining approval, which is discussed in the DPRD; (c) the process of approval by the Regent and promulgation by the Regional Secretary; (2) the consistency of the formation of regional regulations (Perda) based on the hierarchy of legislation in the perspective of personnel law with legal commitments that must be enforced so that the Regional Regulations (Perda) made do not violate the hierarchy and violate the constitution and for Civil Servants who do not comply with the provisions can be subject to prosecution Discipline Punishment according to Government Regulation Number 94 of 2021 concerning Employee Discipline.

Live Musik, Syariat Islam dan Asas Freies Ermessen: Menyikapi Surat Edaran Bupati Bireuen

The prohibition order on live music in the the Regent of Bireuen's Letter of Interdiction No. 451/199/2023 was pro-contracted in the community; some people supported the Islamic Shariah, and some others rejected it on the grounds of the lack of consistency of the instructions in the edaran. The Edaraan has been identified as allowing live music to beined with conditions that are difficult to realize. This has caused confusion in the public's understanding of the Regent of Bireuen's orders. The objective of the research is to analyze the existence of the implementation of the Regent of Bireuen's Letter of Interdiction with the basic approach of Freies Ermessen and its implications for the observance of Bireuen society. This research uses a yuridis-empirical method; data is collected with interview, and analyzed with analytical-descriptive techniques. The results of the research show that the existence of Regent of Bireuen's Letter of Interdiction of Live Music undermines the discretion of the government and, as contextually indicated, violates the basic principles of Freies Ermessen, thus having no legality in the hierarchy of legislation. However, if the government considers that live music needs to be banned in order to support the enforcement of Shariah Law, then it is regulated by a law that includes the study of academic scripts. In this way, he gives birth to a good law according to the will of the people.

Implementation of Regulation of the Minister of Law and Human Rights Number 2 of 2019 concerning the Resolution of Disharmony of Laws and Regulations through Mediation Against the Examination of Laws and Regulations in Indonesia

The disharmony of legislation occurs because of the existing of the selfishness at ministry/institution sector in the planning process the creation of law. The hierarchy of legislation aims to determine its own degrees in order to create the harmonic legislation system. In fact, the contradiction inter legislation still becomes one of the legal issues in Indonesia which never been closed. The other problems are many dispute resolutions of legislation not infrequently a rule under the legislation whom it must be sourced from. The existence of the regulation from Ministry of Law and Human Rights No. 2 in 2019 about the disharmony resolution of legislation is assumed as a change effort in seeking an alternative resolution out of the court if the norm conflicts happen inter legislation. This mediation comes out as an answer because of not satisfaction with dispute resolution in court that takes a long time, needs much money the decision which is resulted by the court often make dissatisfaction for the parties. They cause a case, namely how is the authority of the Ministry of Law and Human Rights in resolving the disharmony of legislation through mediation based on its legislation? The method which is used in this research is normative legal. The result shows that the mediation gives new hopes for new institutions in resolving a dispute of legislation in Indonesia. However; the delegation of ministerial regulation should be given some clear limitations to avoid overlapping rules, so it doesn’t bring confusion in its implementation.

Reposition of the Promulgation for Indonesian Legislation

Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.

Legal Liability of Futures Brokerage Companies for Risks in Standard Agreements that Result in Losses to Customers in Online Trading Investments

The implementation of trading activities is brokered by Futures Brokers, where Futures Brokers, in binding customers use standard agreements that have been prepared by Bappebti. Where the agreement contains an exoneration clause and this violates Law Number 8 Year 1999 concerning Consumer Protection, so that with these violations, it results in losses suffered by customers. The formulation of the problems raised in this study is 1). How do the clauses in the agreement provided by the Futures Brokerage Company which accommodate the risks in the standard online trading investment agreement provide a balance for the parties? 2) How is the Futures Brokerage Company's liability to customers for risks in the standard investment trading agreement agreed upon? This study uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, related laws and regulations, related court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of Legal Liability Theory, Balance Theory, Legal Certainty Theory and Theory of the Hierarchy of Legislation. The conclusion of this research is that people should be careful in understanding agreements related to online trading investments.

DISHARMONISASI PERATURAN BUPATI TANAH DATAR NOMOR 10 TAHUN 2021 TENTANG PEDOMAN TEKNIS PERATURAN DI NAGARI DENGAN PERATURAN DAERAH PROVINSI SUMATERA BARAT NOMOR 7 TAHUN 2018 TENTANG NAGARI

This study examines the disharmonization between Tanah Datar Regent Regulation Number 10 of 2021 concerning technical guidelines for regulations in Nagari and West Sumatra Province Regional Regulation Number 7 of 2018 concerning about Nagari. The problem is the Regent regulation does not pay attention to the procedures, order, and hierarchy of laws and regulations, internal factors violate the principle of laws and regulations, namely the principle of “Lex Superior Derogat Legi Inferiori”. The Regent Regulation should guide or adjust to the updated Regional Regulations and display the old regulations. From these problems arise the question of factors causing disharmonization. This research is a field research data obtained through interviews with the legal bureau section of the Tanah Datar Regent office then the data is narrated descriptively. Results are discussed with the theories put forward. This study found that it has violated the rules of blinding laws and regulations, namely the hierarchy of legislation as explained in Law Number 15 of 2019 concerning the Establishment of Laws and Regulations.

Examination and Improvement of China's Medical Assistance System —Based on 964 Local Legislative Texts

Since medical assistance is a livelihood security system for the poor to obtain basic medical services, the construction and improvement of medical assistance system is an important component of social security and livelihood security of a country or region. This paper has selected 41 provinces and cities to investigate the effective local legislation of medical assistance since the current legal construction of medical assistance in China is basically led by local legislation. The total number of valid samples is 964 local legislative texts. This paper examines the local legislative model of medical assistance in China, local legislation hierarchy and legislative subjects, medical assistance handling service mechanism, Medical assistance fund raising, medical assistance objects and identification, methods of medical assistance, standards of medical assistance, and other aspects through samples analysis. It can be seen that under the administrative pattern of "multi-ministry co-governance", the local legislation of medical assistance is fragmented and has a low legislative level. At the same time, there are problems in various regions, for example extensive handling service mechanism, unclear financing responsibility, missing scope of aid objects, single aid method and great difference in aid standards. Then it summarizes the problems existing in local legislation and analyzes the hidden legal principles, while the unified medical assistance regulations should be formulated under the centralized and unified management system of the National Healthcare Security Administration, so as to improve the handling service mechanism, clarify the financing responsibility, undertake comprehensive standards to identify the recipients of assistance, and determine the scientific methods and standards of assistance.

Judicial Review in Indonesia: A Simplification Model

Judicial review ensures that no regulations are contrary to higher laws, and none is unfair to people. The review of Indonesia's laws and regulations is conducted based on a hierarchy of laws and regulations. However, many laws and regulations are not within the hierarchy that raises uncertainty about the institutions that are authorized to review them. This research aims to offer an alternative review authority against all types of laws and regulations applicable in Indonesia. This research employed normative legal research with statutory, conceptual, case, and historical approaches. This study stated that the alternative design of regulatory, judicial review is the unification of all judicial reviews' authority into one judicial institution. Second, separation into judicial institutions is different from the model of separation based on the order of hierarchy of legislation, based on the scope of usable power (local and national), based on legislation and non-legislation, based on the forming and separation institutions with cross-subsidy models.

Analysis of the formation of laws and regulations in the Indonesian legislation hierarchy

The hierarchy of laws and regulations, as stipulated in Article 7 of Law No. 12 of 2011, shows the types and levels of laws and regulations in force in Indonesia. In addition to the hierarchy regulated in Article 7, Article 8 paragraph (1) of Law No. 12 of 2011 also regulates other types of laws and regulations that are legally recognized. The existence of laws and regulations in Article 8, paragraph (1) has reaped a number of problems. One of them is the position of the regulation in the hierarchy of laws and regulations and the identification of which state ministries/institutions are entitled to issue regulations as referred to in Article 8 paragraph (1) of Law No.12 of 2011. This paper is a normative research study that uses a conceptual approach and a statutory approach. The results showed that the types of laws and regulations recognized according to Article 8 paragraph (1) of Law No. 12 of 2011 should only include Bank Indonesia Regulations, Ministerial Regulations, and Regional Head Regulations. Furthermore, the existence of Article 8 paragraph (1) will have an impact on the ambiguity of the preparation of laws and regulations based on the concept of Good Regulatory Practices.

The Concept And Position Of The Formulation Of The Law Of The Republic Of Indonesia Number 11 Of 2020 Concerning Job Creation Was Prepared Using The Omnibus Law Technique

The application for judicial and formal review of the Job Creation Law was registered on November 12, 2020, with Case Number: 103/PUU-XVIII/2020. Regarding the formal test, KSBSI took issue with forming the Government Job Creation Law. This research uses a legal approach, which is to review all relevant. Data collection in normative legal research is divided into 3 (three) types or 3 (three) secondary data collection methods: literature studies, documents and archival studies. The Omnibus Bill or Omnibus Law is a technique for drafting laws and regulations that were drafted with the aim of the President overcoming regulatory obesity. Even though the technique for drafting the Omnibus Law, in terms of suitability of the writing format with Attachment II to the Law of the Republic of Indonesia Number 12 of 2011 concerning the Formation of Legislation, there are contradictions. The ratification of the Omnibus Law as a law means that the Omnibus Law, in the perspective of the Legislation hierarchy, is considered the same as other laws which are not prepared using the omnibus law method. However, you need to know after the Constitutional Court's decision, the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation is declared valid and must be corrected within two years at the latest. Otherwise, it will be declared permanently unconstitutional

Stem Cells Service Legality Post-Application of Law Number 36 Year 2009 about Health

The development of stem cells services has grown rapidly throughout the world since 2004, as well as in Indonesia. This is because stem cells have unique properties that can differentiate into various cells types, making it promising to repair tissue damaged by various diseases, especially degenerative conditions. The purpose of this study was to obtain an overview of the regulation of stem cells services so that it can be carried out to the public after the enactment of the Health Law Number 36 of 2009 and to obtain an overview of the implementation of the law in stem cells regulation that is not yet comprehensive. The research methodology used is juridical normative, with a statutory approach, a conceptual approach. Also by using a comparative approach with other countries. This study analyzes substantially the regulation of stem cells and/or cells services based on Minister of Health Regulation number 32 of 2018 concerning stem cells and/or cells services and the implementation of laws against violations in their implementation. The regulations that are not yet comprehensive have in the competence of doctors who carry out stem cells services both as standardized therapy and service-based research that has not been certified, as well as the implementation of the law to use laws and regulations that are generally used for cases of non-specific illegal acts that result in prosecution. which is multi-layered. So that it is necessary to regulate stem cells according to the hierarchy of legislation and need to revise Minister of Health Regulation number 32 of 2018 so that it can be implemented safely and effectively and accommodate the orientation of technology development in the stem cells sector in Indonesia.

Stem Cells Service Legality Post-Application of Law Number 36 Year 2009 about Health

The development of stem cells services has grown rapidly throughout the world since 2004, as well as in Indonesia. This is because stem cells have unique properties that can differentiate into various cells types, making it promising to repair tissue damaged by various diseases, especially degenerative conditions. The purpose of this study was to obtain an overview of the regulation of stem cells services so that it can be carried out to the public after the enactment of the Health Law Number 36 of 2009 and to obtain an overview of the implementation of the law in stem cells regulation that is not yet comprehensive. The research methodology used is juridical normative, with a statutory approach, a conceptual approach. Also by using a comparative approach with other countries. This study analyzes substantially the regulation of stem cells and/or cells services based on Minister of Health Regulation number 32 of 2018 concerning stem cells and/or cells services and the implementation of laws against violations in their implementation. The regulations that are not yet comprehensive have in the competence of doctors who carry out stem cells services both as standardized therapy and service-based research that has not been certified, as well as the implementation of the law to use laws and regulations that are generally used for cases of non-specific illegal acts that result in prosecution. which is multi-layered. So that it is necessary to regulate stem cells according to the hierarchy of legislation and need to revise Minister of Health Regulation number 32 of 2018 so that it can be implemented safely and effectively and accommodate the orientation of technology development in the stem cells sector in Indonesia.

KEDUDUKAN AD/ART PARTAI POLITIK DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN TERKAIT KEWENANGAN UJI MATERIL OLEH MAHKAMAH AGUNG

Association/Articles of Association is a written regulation made by a political party and contains matters as regulated in Article 2 Section (4) of Constitution no. 12 of 2011. The important role of political parties of Association/Articles of Association in regulating and directing the sustainability of a political party to ensure the implementation of a fair democracy has now changed. Political parties that have to act on behalf of the people but now only fight for the interests of the elites in political parties, so currently many conflicts occur solely to seek power. One of these conflicts is related to Association / Articles of Association which contradicts the Constitution and higher laws and regulations. Therefore, there is a legal vacuum regarding the institution authorized to examine the Association/Articles of Association of political parties. In this study, the author will examine the position of Association/Articles of Association of political parties in the hierarchy of legislation and whether the Supreme Court has the authority in testing AD/ART of political parties. The method of this study is normative law approach method by using statute approach and concept approach, then review and analyze using the law interpretation method. The result of the study is the Association/Articles of Association of political parties are not included in the hierarchy of laws and regulations as regulated in Article 7 of Law no. 12 year 2011. But the Association / Articles of Association of a political party can be categorized as a legal regulation based on Article 8 section (1) and section (2) of Law No. 12 of 011 and the implications of Association/Articles of Association’s classification as a piece of legislation then gives authority to the Supreme Court to examine the Association/Articles of Association of political parties.

Legal Implications of Regulating Judicial Review of District/City Regulations in Indonesia

This article aims to analyze the legal implications of regulating the judicial review of district/city regulations in Indonesia. The author sees that there is incomplete regulation in the examination of statutory regulations under the law against the law, namely the incomplete set of the regional regulations touchstone, the incomplete set of the scope of the material and formal examination, the incompleteness of the legal standing arrangement, and the incomplete setting of the nature of the trial examination open to the court. This study uses a normative juridical research method with a statutory approach and a conceptual approach to provide answers to problems. The existence of incomplete regulation in the examination of legislation under the law against the law has legal implications as follows: legal uncertainty scope of material and formal testing, the absence of legal order, violation of the hierarchy of legislation, the loss of the central government's legal position in testing local regulation, and weak supervision of regional regulations by the central government.

Philosophical Values of Pancasila on the Intellectual Property Rights Regulation in Indonesia

Legal pluralism applied in Indonesia is expected to be able to build its own national law system based on the custom and cultures characteristics as a reflection of Indonesian nation’s soul (volkgeist). Indonesia custom and cultures adhered to the view of property acknowledgement, and also had social function. Intellectual Property Rights (IPR) is a part of property rights which had individual characteristic to monopolize proprietorship rights of intellectual works. IPR regime characteristic is completely different from Indonesia’s nation characteristic, which made Pancasila as life philosophy and nation’s ideology by prioritizing the balance between rights and social function. The type of research used in this study is legal normative research, with legal approach, conceptual approach and philosophical approach. As Indonesia’s philosophy of life, Pancasila contained the values of nation’s soul and legal ideals of Indonesia. As the legal ideals of Indonesia as well as staatsfundamentalnorm on the legislation hierarchy, the basic values of Pancasila must underlie and animate IPR legal development in Indonesia. Divine value, human value, unity value, deliberation value and social justice value are basic values that should animate the development of legal IPR in Indonesia. Keywords: IPR, Staatsfundamentalnorm, Pancasila, Social Function DOI: 10.7176/JLPG/113-04 Publication date: September 30 th 2021

TRANSPARANSI DALAM PELAKSANAAN BANTUAN LANGSUNG TUNAI (BLT) DANA DESA

Since May 2020, BLT DD has been implemented in Jember Regency, including Bangsalsari Village. However, in fact it’s couldn’t avoid a pros and cons, especially to recipients. So, it’s mean Bangsalsari must be respons and give right information public. Every regulation must referent to hierarchy of legislation, same as the BLT DD rules. However, we know law have the legal principles "lex specialis derogat legi generalis", Then regulation of Jember regency Number 8 of 2016 about Public Information Openness must be a reference to do programs of Jember regency. There are three elements that must be fulfilled in the implementation of BLT DD in Bangsalsari Village, in order to realize information transparency, namely publication, participation and reporting. Bangsalsari Village has fulfilled these three elements in the implementation of BLT DD.

Registration Legality of Deed of Establishment of Limited Partnership from District Court to Ministry of Law and Human Rights

Based on Article 23 of the KUHD, registration of the deed of establishment of Limited Partnership (CV) is carried out at the secretariat of the district court where the CV is established. However, since the enactment of the Regulation of Ministry of Law and Human Rights (Permenkumham) No.17/2018, registration of the deed of establishment Limited has been carried out through SABU which is under the auspices of the Directorate General of General Legal Administration, Ministry of Law and Human Rights. The position of Permenkumham No.17/2018 in the hierarchy of legislation in Indonesia is under the KUHD, so the purpose of this study was to determine the legality of the registration deed of CV from the district court to the ministry of law and human rights. This research uses normative research, with a statutory approach method and the level of legal synchronization, with qualitative analysis. Based on Article I of the Transitional Rules of the 1945 Constitution, the position of the KUHD is still a law, this is emphasized in Article 7 Paragraph (1) of Law No.12 of 2011. So that based on the principle of lex superior derogat legi inferior, then the authorities to carry out and receive registration deed of incorporation CV is the clerk of the district court where CV is located