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
Related Articles
- EP ID EP739888
- DOI 10.47191/ijsshr/v7-i06-114
- Views 78
- Downloads 0
Common Pronunciation Errors among Vietnamese Learners of English from Phonological Perspectives
This study investigates the phonological challenges encountered by Vietnamese learners of English and explores the strategies employed to address these challenges. A mixed-methods approach was employed, comprising a quan...
Implementation of School Literacy Movement Policies to Build Student Character in Junior High School
This research study aims to describe and analyze the implementation of the school literacy movement policy to build character in junior high schools. It is a qualitative research with a case study. The setting of this re...
Measuring Malaysian Public Sector Innovation Performance through Business Model Perspective
Public Sectors around the world face constant demand in increasing efficiency and productivity. The pressure to improve service delivery particularly during this pandemic demands the public sector to provide more with le...
Affecting Factors in the Curriculum Development Capacity of Primary School Teachers in the Northern Mountainous Area of Vietnam
Since the implementation of the General Education Program Year 2018, schools and teachers have the autonomy in choosing teaching content, and teaching methodologies suitable to the practical conditions of local and schoo...
Student's Perceptions of Learning Physical Education in Sports, And Health Using a Hybrid Learning System at SMAN 1 Ngluwar, Magelang Regency
Learning using a hybrid learning system is one solution to overcome problems in the world of education during the COVID-19 pandemic. Physical education, sports and health are one of the subjects that are required to impl...