Position of the 1945 Constitutional Law of the Republic of Indonesia in the Hierarchy of Indonesian State Legal Regulations

Ahmad Kemal Jauza, Ahmad Hadi Prayitno

Abstract


Abstract. Law Number 12 of 2011 groups the 1945 NRI Constitution into types and hierarchies of laws and regulations as stated in Article 7 paragraph (1). This has given rise to discourse among Constitutional Law experts regarding whether the 1945 NRI Constitution has its own hierarchy or position. This study examines the position of the 1945 NRI Constitution in the hierarchy of laws and regulations and its conformity with the theory of the hierarchy of state legal norms. This research uses a normative legal approach with descriptive-analytical specifications, relies on secondary data through literature studies and document reviews, and is analyzed qualitatively. The results of the study show that the 1945 Constitution of the Republic of Indonesia is a State Fundamental Norm (Staatsfundamentalnorm) and a State Basic Rule (Staatsgrundgesetz). Therefore, it is not appropriate to group it in the hierarchy of laws and regulations as per Article 7 paragraph (1) of Law No. 12 of 2011. A revision of this article is needed so that the 1945 Constitution of the Republic of Indonesia is not classified as a "Type and Hierarchy of Laws and Regulations," but rather a "Type and Hierarchy of State Regulations." Further arrangements can be made through amendments to the 1945 Constitution of the Republic of Indonesia according to the mechanism in Article 37 or through an MPR Decree.

Keywords: Constitution; Examines; Study.


Keywords


Keywords: Constitution; Examines; Study.

Full Text:

PDF

References


Books:

A. Hamid S. Attamimi. “The Role of the Decree of the President of the Republic of Indonesia in the Implementation of State Government: An Analytical Study of the Presidential Decree That Functions as a Regulation During the Pelita I-Pelita IV Period.” University of Indonesia, 1990.

Asshiddiqie, Jimly. “The Constitutional Structure of the Republic of Indonesia after the Amendment to the 1945 Constitution.” Denpasar, Bali, 2003.

Djarwanto. Principles of Research Methods and Technical Guidance for Writing Theses. Yogyakarta: Liberty, 1990.

Lubis, M. Solly. Basis and Technique of Legislation. Bandung: Alumni, 1979.

Manan, Bagir. “Provisions on the Formation of Legislation in the Development of National Law.” Jakarta, 1994.

Manan, Bagir, and Kuntana Magnar. Some Problems of Indonesian Constitutional Law. Revised Edition. Bandung: Alumni, 1997.

MD, Moh. Mahfud. Building Legal Politics, Upholding the Constitution. Jakarta: Pustaka LP3ES, 2006.

Nawiasky, Hans. Allgemeine Rechtslehre Als System Der Rechtlichen Grundbegriffe. 2nd ed. Zurich: Verlagsanstalt Benziger & Company AG, 1948.

Ranggawidjaja, H. Rosdiji. Introduction to Indonesian Legislation. Bandung: Mandar Maju, 1998.

S, Maria Farida Indrati. Legislation 1: Types, Functions, and Content Materials. 3rd Edition. Yogyakarta: PT Kanisius, 2021.

Soehino. Constitutional Law: Legislative Techniques. Second Edition. Yogyakarta: Liberty, 2003.

Soemitro, Ronny Hanitijo. Legal Research Methodology and Jurimetrics. 3rd Printing. Jakarta: Ghalia Indonesia, 1990.

Journals:

Indrayana, Denny. “Implementation of the Concept of Pancasila as the Source of All Sources of Law in the Preparation of Legislation (Case Study of Law No. 11 of 2006 Concerning the Government of Nangroe Aceh Darussalam).” Faculty of Law, Gadjah Mada University, 2007.

Sari, Indah. “THE CONSTITUTION AS A MEASUREMENT OF THE EXISTENCE OF A MODERN LEGAL STATE.” Scientific Journal of Aerospace Law - Faculty of Law, Marshal Suryadarma Aerospace University 9, no. 1 (2018): 40–60. doi:https://doi.org/10.35968/jh.v9i1.297.

Constitution:

Law Number 12 of 2011 concerning the Formation of Legislation

Law Number 13 of 2020 Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation.

Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Formation of Legislation.

The 1945 Constitution of the Republic of Indonesia

The 1945 Constitution of the Republic of Indonesia




DOI: http://dx.doi.org/10.30659/rlj.4.1.1-19

Refbacks

  • There are currently no refbacks.


Ratio Legis Journal has been indexed in: