Laws and Legislation in Indonesia

The law always exists in people's lives. The law is binding on all members of the community. Is there a society without law? Nothing, even if the community lives in a very simple, remote and not influenced by technology. Likewise in urban society, legal values ​​are binding and must be obeyed by its citizens.

In state life, law becomes a tool to create order and justice. A society / country will surely live in chaos if the law is not implemented by that community.

       A . The Meaning of Order in Laws and Regulations in Indonesia 

The form of legal norms is the laws and regulations established by the competent institution or government. The definition of legislation is all regulations originating from the government, both the central and regional governments. According to the general provisions of Law No. 12 of 2011 concerning the establishment of legislation. Legislation is a written regulation that contains generally binding legal norms and is formed or established by a state institution or authorized official through the procedures set out in a statutory regulation.

1. Definition of National Legislation

The State of Indonesia is a state of law as stated in the 1945 Constitution of the Republic of Indonesia Article 1 Paragraph (3) "The State of Indonesia is a state of law ". This implies that the life of society, nation and state must be based on applicable law. Law is made commander, everything must be based on law. As a rule of law, all aspects of life in the social, national and state fields including government must be based on laws that are in accordance with the national legal system. The national legal system is a law that applies in Indonesia with all its elements supporting each other in order to anticipate and overcome problems that arise in the life of society, nation and state based on Pancasila and the 1945 Constitution of the Republic of Indonesia

In order to realize the national legal system, according to the mandate of article 22A of the 1945 Constitution of the Republic of Indonesia, it is emphasized that "Further provisions regarding the procedure for establishing laws are regulated by law." To elaborate on the provisions of Article 22 A, Law Number 12 of 2011 concerning the Formation of Laws and Regulations is stipulated. However, the law material does not only regulate laws, but also contains other applicable laws and regulations.

Legislation according to Law Number 12 of 2011 has the meaning of written regulations that contain generally binding legal norms and are formed or established by state institutions or authorized officials through the procedures set out in legislation. The law has various forms of law, both written and unwritten. The written law in life today has a very important position for legal certainty. Although the unwritten law is still recognized its existence as one of the laws that bind the community. Formally you are familiar with various forms of legislation around you. Such as school rules, regulations in the household environment, regional regulations, government regulations, laws, and so on.

Pancasila is the source of all sources of state law. This is in accordance with the position of the Pancasila in the Preamble to the 1945 Constitution of the Republic of Indonesia, namely as the basis of the state and state ideology. So that any material legislation must not conflict with the values ​​of Pancasila.

2. The Order of Regulations in Indonesia

The order of the laws and regulations means that the prevailing laws and regulations have a hierarchy or level. One regulation has a higher position than other regulations.

This order must be carried out in accordance with general principles or principles that apply in law, namely:

1. The basis of statutory regulations is always statutory regulations.
2. Only certain laws and regulations can be used as a legal basis
3. Legislation that is still in force can only be deleted, revoked, or changed by legislation of equal or higher degree.
4. New laws and regulations exclude old laws and regulations.
5. Higher laws and regulations override lower laws and regulations.
6. Specific statutory regulations override general laws and regulations.
7. Each type of regulation has different material.

Types and hierarchy of laws and regulations in Indonesia in accordance with article 7 of Law Number 12 of 2011 concerning Formation of Regulations consisting of:

1. The 1945 Constitution of the Republic of Indonesia
2. Decree of the People's Consultative Assembly
3. Government Act / Regulation in Lieu of Law.
4. Government Regulations (PP)
5. Presidential Regulation (Perpres)
6. Provincial Regulations (Provincial Regulations)
7. City / Regency Regulations (City / Regency Regulations)

 The principles in the formation of laws and regulations are affirmed in article 5 and their explanations are:

1. Clarity of purpose , is that every formation of legislation must have a clear purpose to be achieved

Appropriate institutional or forming organ , is every type of statutory regulation must be made by state institutions or officials forming legislations

1. authorized invitation. These laws and regulations can be canceled or null and void if made by an unauthorized institution

 

2. Conformity between types, hierarchy, and material content, is that in the formation of laws and regulations must really pay attention to the appropriate content material in accordance with the type and hierarchy of laws and regulations 
3. Can be implemented , is that every formation of legislation must take into account the effectiveness of these laws and regulations in society, both philosophically, sociologically, and juridically
4. Efficacy and efficacy , is that every statutory regulation is made because it is really needed and useful in regulating the life of society, nation and state
5. Clarity of the formulation , is that each statutory regulation must meet the technical requirements for the drafting of legislation, systematic, choice of words or terms, as well as clear and easy-to-understand legal language so as not to cause various interpretations in its implementation.
6. Openness , is that in the formation of legislation starting from planning, drafting, discussion, ratification or stipulation, and legislation is transparent and open. Thus, all levels of society have the broadest opportunity to provide input in the formation.

 

      It is further emphasized in article 6 that the content of the laws and regulations must reflect the principle of:

1. The safeguarding is that any material contained in the laws and regulations must function to provide protection to create public peace. 
2. Humanity is that every material content of laws and regulations must reflect the protection and respect for human rights and the dignity and dignity of each Indonesian citizen and population in proportion. 
3. Nationality is that every material content of laws and regulations must reflect the diverse nature and character of the Indonesian nation while maintaining the principles of the Unitary State of the Republic of Indonesia. 
4. Kinship is that every material content of the legislation must reflect deliberation to reach consensus in every decision making. 
5. Brokerhood is that every material content of laws and regulations always takes into account the interests of the entire territory of Indonesia and the Content of Laws and Regulations made in the regions are part of the national legal system based on Pancasila and the 1945 Constitution of the Republic of Indonesia. 
6. Bhinneka Tunggal Ika is that the content of laws and regulations must pay attention to the diversity of the population, religion, ethnicity and class, special conditions of the region and culture in the life of society, nation and state. 
7. Justice is that every material content of laws and regulations must reflect fairness proportionally for every citizen. 
8. The similarity of position in law and government is that any content of laws and regulations should not contain things that are differentiating based on background, among others, religion, ethnicity, race, class, gender, or social status. 
9. Order and legal certainty is that every material content of laws and regulations must be able to realize order in society through guaranteed legal certainty. 
10. Balance, harmony, and harmony is that every material content of legislation must reflect the balance, harmony and harmony between individual, community and national and state interests. 

 

The Process of Making Indonesian Laws and Regulations

The laws and regulations mentioned in the laws and regulations set out in Law Number 12 of 2011 above, are more clearly as follows:

1. The 1945 Constitution of the Republic of Indonesia      

 

The 1945 Constitution of the Republic of Indonesia is the basic law in the laws and regulations. As a law, the Constitution is binding on every citizen and contains the norms and provisions that must be obeyed. As a basic law, the 1945 Constitution of the Republic of Indonesia is the source of law for legislation, and is the highest law in the order of laws and regulations in Indonesia.

Historically the 1945 Constitution of the Republic of Indonesia was compiled by the Indonesian Independence Preparatory Agency for Investigation (BPUPKI) and established by the Indonesian Independence Preparatory Committee (PPKI) on 18 August 1945.

The People's Consultative Assembly has the authority to amend and determine the Constitution in accordance with the mandate of article 3 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Changes to the 1945 Constitution of the Republic of Indonesia have been made 4 (four) times. This change was made in response to demands for reform in the government system in Indonesia.

The procedure for amending the Constitution is affirmed in article 37 of the 1945 Constitution of the Republic of Indonesia, in brief as follows:

  a. The proposed amendments to the articles were submitted by at least 1/3 of the total number of MPR members and submitted in writing containing the proposed parts to be amended and their reasons. 

  b. The MPR session to amend the articles was attended by at least 2/3 members of the MPR.  

  c. The decision to amend was approved by at least 50% plus one of the members of the MPR.  

  d. Specifically, the form of the Unitary Republic of Indonesia cannot be changed.  

 

You also need to understand that in changing the 1945 Constitution of the Republic of Indonesia, there are a number of basic agreements, namely:

 a. Does not change the opening of the 1945 Constitution of the Republic of Indonesia 

 b. Maintaining the Unitary Republic of Indonesia 

 c. Reinforce presidential government systems  

 d. Explanation of the 1945 Constitution of the Republic of Indonesia which contains normative matters (law) will be included in the Articles.  

 e. To make changes by means of an addendum, meaning to add to the article of change without removing the previous article. The purpose of the change is addendum in the interest of historical evidence.   

 

1. Decree of the People's Consultative Assembly      

When the MPRS and MPR were still the highest state institutions, one of the MPR's legal products was the MPR Decree. The MPR decree is a decision of an assembly that has legal force binding into and outside the assembly. Tying in means binding on all members of the assembly. Whereas binding outside means that every citizen, community institution and state institution is bound by the Decree of the MPR.

What is meant by "Decree of the People's Consultative Assembly" in Law Number 12 of 2011 is the Decree of the Provisional People's Consultative Assembly and the Decree of the People's Consultative Assembly which is still valid as referred to in Article 2 and Article 4 of the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: I / MPR / 2003 about the Review of Material and

Legal Status of the Provisions of the Provisional People's Consultative Assembly and the Decree of the People's Consultative Assembly from 1960 to 2002, dated August 7, 2003.

 

Article 2 of the MPR Decree confirms that several MPRS and MPR provisions that are still valid with the provisions, are:

a. RI MPRS Decree Number XXV / MPRS / 1966 concerning the Dissolution of the Indonesian Communist Party (PKI), Statement as a Prohibited Organization in the Entire Republic of Indonesia for the PKI and Prohibition of any activities to disseminate or develop understanding or teachings of communism / Marxism-Leninism.      

b. RI MPR Decree Number XVI / MPR / 1998 concerning Economic Politics in the context of Economic Democracy.     

c. RI MPR Decree Number V / MPR / 1999 concerning Determination of Opinion in East Timor.      

 

Whereas Article 4 of the stipulation of the MPR regulates the provisions of the MPRS / MPR which are declared to remain in force until the formation of the law, namely:

1. RI MPRS Decree Number XXIX / MPRS / 1966 concerning the Appointment of Ampera Heroes.
2. RI MPR Decree Number XI / MPR / 1998 concerning the Organization of a state that is clean and free of corruption, collusion and nepotism (KKN).
3. RI MPR Decree Number XV / MPR / 1998 concerning the Implementation of regional autonomy, regulation, distribution and utilization of equitable national resources, as well as central and regional financial balances within the framework of the Republic of Indonesia.
4. RI MPR Decree Number III / MPR / 2000 concerning legal sources and sequencing of laws and regulations. This provision is no longer valid, because a law has been established governing this matter.
5. RI MPR Decree Number V / MPR / 2000 concerning Strengthening national unity and unity.
6. RI MPR Decree Number VI / MPR / 2000 concerning the Separation of the TNI and Polri
7. RI MPR Decree Number VII / MPR / 2000 concerning the Role of the TNI and Polri
8. RI MPR Decree Number VI / MPR / 2001 concerning Ethics of national life
9. RI MPR Decree Number VII / MPR / 2001 concerning Indonesia's Vision for the Future
10. RI MPR Decree Number VIII / MPR / 2001 concerning Recommendations on the eradication and prevention of KKN policies
11. RI MPR Decree Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management.

 

  Government Acts and Regulations in Lieu of Laws

Laws are the laws and regulations established by the DPR with the agreement of the President. Whereas the Government Regulation in Lieu of Law is a regulation stipulated by the President in the case of compulsive matters of urgency. Both forms of legislation have an equal position. The DPR is a state institution that holds the power to form laws, based on article 20 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, this power must be with the approval of the President.

A bill can be proposed by the Parliament or the President. The Regional Representative Council can also propose certain bills to the DPR. The process of making laws if the draft is proposed by the Parliament is as follows:

1. The DPR submits the draft law in writing to the President.
2. The president assigns the relevant minister to discuss the draft law with the DPR.
3. If the draft law is agreed with the House of Representatives and the President, it will then be approved by the President into law.

The lawmaking process if the draft is proposed by the President is as follows:

1. The President submits the draft law in writing to the DPR Leadership, including the minister assigned to discuss it with the DPR.
2. The DPR and the Government discussed the draft law from the President
3. If the draft law is agreed with the House of Representatives and the President, it will then be approved by the President into law.

The lawmaking process if the draft is proposed by the DPD is as follows:

1. The DPD submits a proposal for a bill to the DPR in writing.
2. The DPR discusses the bill proposed by the DPD through the DPR's equipment.
3. The DPR submits the draft law in writing to the President.
4. The president assigns the relevant minister to discuss the draft law with the DPR.
5. If the draft law is agreed with the House of Representatives and the President, it will then be approved by the President into law.

 

Government Regulations in lieu of Laws (Perppu) are laws and regulations issued by the President due to critical and forced conditions. In other words, the issuance of a Perppu if the situation is considered an emergency and needs a legal umbrella to implement a government policy.

Perppu is regulated in the 1945 Constitution article 22 paragraph 1, 2, and 3, which contains the following provisions:

1. The President has the right to issue a Perppu on matters of compulsion urgency.
2. Perppu must obtain DPR approval in the next trial period.
3. If the Perppu does not get DPR approval, then the Perppu must be revoked. Whereas if the Perppu is approved by the DPR, the Perppu is stipulated into law.

Example

Perppu, among others, Perpepu No. 1 of 1999 concerning the Human Rights Court. The Perpepu was then stipulated as Law No. 26 of 2000 concerning Human Rights Courts. Try to learn is there any other Perppu that has been made into law.

 

 

4. Government Regulation (PP)

Government Regulations are laws and regulations established by the President to implement the Act accordingly. This is in accordance with the 1945 Constitution of the Republic of Indonesia Article 5 paragraph (2). Government regulations are stipulated by the President as the acting head of the Government. An example of a Government Regulation is PP No. 32 of 2013 concerning Amendments to Government Regulation No. 19 of 2005 concerning National Education Standards to implement Law Number 20 of 2003 concerning the National Education System.

The stages of preparing Government Regulations are as follows:

1. The planning stage of the draft Government Regulation (PP) is prepared by ministries and / or non-ministerial government agencies in accordance with their area of ​​work
2. The stage of drafting the PP draft, by forming an inter-ministerial committee and / or non-ministerial government institutions.
3. Determination and enactment phase, the PP is stipulated by the President (Article 5 paragraph (2) of the 1945 Constitution) and then enacted by the Secretary of State.

5. Presidential Regulation (Perpres)

Presidential Regulation is a statutory regulation that is determined by to carry out a higher order law or in carrying out governmental power.

The process of drafting a Presidential Regulation is emphasized in article 55 of Law Number 12 of 2011, viz

1. Proposer formation of inter-ministerial committee and / or non-ministerial government institution.
2. Harmonization, rounding, and consolidation of the concept of the draft Presidential Regulation coordinated by the minister who held government affairs in the field of law
3. Authorization and stipulation by the President.

6. Provincial Regulations

Regional Regulations (Provincial Regulations) are laws and regulations established by the provincial DPRD with approval from the governor. Regional Regulations are made by implementing higher legislative regulations. Regional regulations are also made in the context of implementing regional needs. Perda must not conflict with higher regulations. The central government can revoke a law that clearly contradicts a higher regulation.  

 

The process of preparing Provincial Regulations in accordance with Law Number 12 of 2011, as follows:

1. The draft provincial regulation can be proposed by the Provincial DPRD or the Governor.
2. If the draft is proposed by the Provincial DPRD, the drafting process is:

1) The Provincial DPRD submits a draft regulation to the Governor in writing     

2) Provincial DPRD together with the Governor discusses the draft provincial regulation.     

3) If the draft local regulation obtains joint agreement, then it is approved by the Governor to become a Provincial Regulation     

3.  If the draft is proposed by the Governor, the drafting process is:

1) The Governor submits the draft law to the Provincial DPRD in writing     

2) Provincial DPRD together with the Governor discusses the draft Provincial Regulations.     

3) If the draft local regulation obtains joint agreement, then it is approved by the Governor to become a provincial regulation     

 

7. Regency / City Regional Regulations

District / City Regional Regulation (Perda) is a statutory regulation established by the Regency / City DPRD with the mutual agreement of the Regent / Mayor. Local regulations are formed in accordance with the needs of the region concerned, so that regional regulations can vary from one region to another.

The process of compiling Regency / City Regulations in accordance with Law Number 12 of 2011, as follows:

1. The draft regency / city regulation can be proposed by the Regency / City DPRD or the Regent / Mayor of the Governor.
2. If the draft is proposed by the Regency / City DPRD, the preparation process is:

1) Regency / City DPRD submits a draft regulation to the Regent / Mayor in writing     

2) Regency / City DPRD together with Regents / Mayors discuss the draft of Regency / City Regulations.     

3) If the draft regulation obtains joint agreement, it is approved by the Regent / Mayor to become a Regency / City Regulation.     

3. If the draft is proposed by the Regent / Mayor the preparation process is:

1) The Regent / Mayor submits the draft regulation to the Regency / City DPRD in writing       

2) Regency / City DPRD together with Regents / Mayors discuss the draft of Regency / City Regulations.     

3) If the draft regulation obtains joint agreement, it is approved by the Regent / Mayor to become a Regency / City Regulation.     

 

C. Compliance with Laws and Regulations

Compliance with national laws and regulations relates to the formation of legal awareness in every citizen. Citizens' legal awareness can be measured by several indicators, namely:

a. Knowledge of law

This legal knowledge includes knowledge of acts that are prohibited by law such as persecution, fraud, embezzlement, and so on. In addition, knowledge of the actions that are allowed by law such as buying and selling, leasing, agreements, and so on.

b. Understanding the rules of law

Understanding the rule of law is characterized by living up to the contents of the applicable law such as understanding the purpose of the law that embodies order and mutual security.

 c. Attitudes towards legal norms

This behavior is shown in the form of an assessment of legal norms in the form of good and bad values ​​of the legal norms (rules). For example theft is included in a despicable act because it harms others.

d. Legal behavior

Legal behavior is shown by the act of obeying the rules of law that apply in people's lives.

As a good citizen one of the obligations is to obey the laws and regulations. Behavior obeying laws and regulations is the duty of every citizen, students are no exception.

Behavior of obeying laws that must be implemented by all people include:

1. Have a birth certificate
2. Comply with traffic rules
3. Successfully compulsory basic education
4. Not taking action against the law.

e. Obedience to the law is a reflection of one's personality. People who obey the law means having a good personality. Meanwhile, people who do not obey the law mean that their personality is not good because they have ignored their obligations. You, be citizens who have a good personality by always obeying the rules of the rules that apply.