A PROVISION OF LAW AND FORCE

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.

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[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.