Research Article
Urgency of Harmonization of Ministerial Regulations / Institutions in the Establishment of Legislation
@INPROCEEDINGS{10.4108/eai.6-3-2021.2306289, author={Siti Masitah and Faisal Santiago}, title={Urgency of Harmonization of Ministerial Regulations / Institutions in the Establishment of Legislation}, proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2021}, month={5}, keywords={harmonization; regulation of the minister / institution; establishment of legislation}, doi={10.4108/eai.6-3-2021.2306289} }- Siti Masitah
Faisal Santiago
Year: 2021
Urgency of Harmonization of Ministerial Regulations / Institutions in the Establishment of Legislation
ICLSSEE
EAI
DOI: 10.4108/eai.6-3-2021.2306289
Abstract
The establishment of legislation is the making of legislation that includes the stages of planning, drafting, discussing, ratifying or determining, and proposing. Harmonization is part of the drafting stage. Harmonization of Ministerial Regulation / Institution has a very important role in the establishment of legislation. By not entering the Regulation of ministers / institutions in the type and hierarchy of legislation based on Article 7 paragraph (1) of Law No. 12 of 2011 on the Establishment of Legislation, so that the harmonization is not coordinated by the Ministry of Law and Human Rights but by ministries / institutions. This raises the problem that there are still many Ministerial Regulations / Institutions contrary to higher laws and regulations, the principle of the establishment of good legislation, the principle of material content of legislation, court decisions, and equivalent legislation. Research using normative juridical legal research methods. The results of the study are expected to harmonize the urgency of the Regulation of the Minister / Institution in the establishment of legislation so as not to conflict with higher laws and regulations, the principle of the establishment of good legislation, the principle of material content of legislation, court decisions, and equivalent legislation.
