A
PROVISION OF LAW AND FORCE
By:
Farisca Eka Rosalina, HBS A, 11220016
The term law here is
different from the law in terms of legislation mentioned in the Indonesian
constitutional law. Because the laws in Indonesian constitutional law is the
product of legislative president (government) together the House of
Representatives (DPR). As defined pasal 5, ayat 1 and pasal 20 of the 1945
Constitution which binds held and maintained by the State authorities[1]. According to UU
no. 10 of 2004[2] is an Act is the
legislation that established by the House of Representatives by mutual consent
of the President (Pasal 1 ayat 3). In other words can be interpreted as, written
regulations made by the State authorities and completion of binding every
citizen as a person. Act can apply if it fulfills certain requirements. In
legal terms the Act is divided into 2 types, namely[3]:
1. Act in
the sense of Material: decision Ruler / Government in terms of its content is
called common law has binding force. But not all of the Act may be called the
Law in the sense meteril because there are laws that only apply to a small
group. For example Teroisme Law, Bankruptcy Law and Naturalization Act (No. 62
of 1958).
2. Formal law in the sense: decision Ruler / Government Act named due to / seen from the shape and the way the procedure is done and rivers, such as the State Budget Law.
According to the authors, the law distinguishing formal and material sense. Law in the formal sense of the law that created the process or procedure based on government decisions. Whereas, in the sense of material that can be seen from the contents, which binds all people.
According to the authors, the law distinguishing formal and material sense. Law in the formal sense of the law that created the process or procedure based on government decisions. Whereas, in the sense of material that can be seen from the contents, which binds all people.
[1]
Titik Triwulan, Konstruksi Hukum
Tata Negara Indonesia Pasca Amandemen 1945, hal 41-42.
[2]
http://bkp.deptan.go.id/tinymcpuk/gambar/file/Undang-undang_no_10_thn_2004.pdf
posting in 21 oktober 2013, 07.45 am.
[3]
Marwan Mas, SH., MH, Pengantar Ilmu Hukum, Jakarta:Ghalia Indonesia, 2004, cet.
I, hlm. 60.
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