Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

• Main Authors: Hendra Kurnia Putra, sudarsono sudarsono, Istislam Istislam, Aan Eko Widiarto
• Format: Article
• Language: English
• Published: Ümit Hacıoğlu 2020-04-01
• Series: International Journal of Research In Business and Social Science
• Subjects: legis ratio; ministerial regulations; statutory formation; amendments
• Online Access: https://www.ssbfnet.com/ojs/index.php/ijrbs/article/view/685

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.