PENGUJIAN PERATURAN KEBIJAKAN DALAM SISTEM PERADILAN DI INDONESIA

  • Firdaus Arifin Fakultas Hukum Universitas Pasundan

Abstract

The policy regulation is one of the government instruments or tools and means used by the government, including state administration officials in criminal justice in carrying out government tasks and other judicial actions. The existence of this policy regulation is a consequence of the welfare law state which imposes a very broad task, namely for the attainment of the people's welfare in accordance with the objectives of the welfare state itself. However, in the development of policy regulations that were originally intended and needed in carrying out governmental duties, in fact their implementation cannot be separated from the problems of conflicts with other legal norms and other legal problems. This paper wants to answer an important question, namely; "What is the basis for government action to issue policy regulations and why policy regulations, theoretically and in practice, cannot be categorized as statutory regulations?". The conclusion that can be drawn from this paper is related to the large "space for movement" held by the government and the positions in the judicial field to make policy regulations. For this reason, it is necessary to recommend Supreme Court to issue a Supreme Court Regulation which regulates technical proceedings related to the review of policy regulations. Delegating the authority to review policy regulations to become the authority of the State Administrative High Court (PT TUN) is a strategic step that can be developed by the Supreme Court of the Republic of Indonesia.
Keywords: Testing, Policy Regulations, Regulations, Contradictions of Norms, Government Administration.

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Published
Apr 27, 2021
How to Cite
ARIFIN, Firdaus. PENGUJIAN PERATURAN KEBIJAKAN DALAM SISTEM PERADILAN DI INDONESIA. JURNAL LITIGASI (e-Journal), [S.l.], v. 22, n. 1, p. 133-156, apr. 2021. ISSN 2442-2274. Available at: <https://journal.unpas.ac.id/index.php/litigasi/article/view/3751>. Date accessed: 24 jan. 2022. doi: http://dx.doi.org/10.23969/litigasi.v22i1.3751.
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Articles