Understanding the Article of Delegation of the Law and the Legal Implications of the Formation of Implementing Regulations by the President But the Time Limit Has Been Passed Mandated by Law
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 06
Abstract
Delegation of statutory regulations is often interpreted as an order to make equivalent rules or inferior rules in the form of implementing regulations. This delegation is stated in the article of the Law. It becomes a dilemma if there is an article that is delegated to form an implementing regulation, but the regulation has been regulated by regulations that are still in force and are still relevant to higher regulatory regulations so that the formation of new implementing regulations is not yet necessary, while the regulation that mandates it provides a time limit. Establishment of implementing regulations. This research aims to find out, explain and analyze problems related to the implementation mechanism for the formation of implementing regulations from a statutory regulation. Apart from that, to find out and analyze the impact if the government as a regulator does not carry out delegation of a statutory regulation. This research is normative juridical research (doctrinal legal research). Provisions regarding the time limit for enacting Government Regulations and other regulations as implementation of the Law are orders from Article 74 paragraph (1) of Law No. 12 of 2011. Determining the time limit for the formation of implementing regulations for the formation of statutory regulations contained in the Law is an important thing as a limit for the government to immediately ensure that there are implementing regulations for a Law, thereby ensuring effective implementation of the Law. If the President does not formulate implementing regulations by the deadline for forming implementing regulations, this does not eliminate the president's authority to establish implementing regulations at a later date.
Authors and Affiliations
Andrian Erickatama, Wicipto Setiadi, Irwan Triadi
Keywords
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- EP ID EP739888
- DOI 10.47191/ijsshr/v7-i06-114
- Views 79
- Downloads 0
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