The Review of Regulations Through Ministry of Law and Human Rights

Sitabuana, Tundjung Herning and Redi, Ahmad and Felicia, Shella The Review of Regulations Through Ministry of Law and Human Rights. The Review of Regulations Through Ministry of Law and Human Rights.

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Abstract

Indonesia has identified itself as the state of law (rechtsstaat). The principle of the rule of law undoubtedly underlies the life of the state and nation by embodying hierarchical legal norms culminating in constitution. However, the inconsistency between the laws and regulations is inevitable in constitutional practice thus the Supreme Court and Constitutional Court are ruled to examine legal products from the legislative and executive institutions under the mandate of the Act of 1945. Nevertheless, in the progress, Ministry of Law and Human Rights issued a policy that norm disputes under the Laws can be reviewed judicially through mediation by the Ministry. Therefore, this study aims to analyze the legality and fulfillment of the value of justice in the practice of norm dispute resolution through mediation. This study uses normative research method and is based on the theory of hierarchical relation of legal norms and the theory of concept of law. The result of the study is in spite of the effectiveness, mediation as an alternative resolution of norm disputes contradicts with the higher legislations that the regulation needs to be readjusted.

Item Type: Article
Subjects: Penelitian > Fakultas Hukum
Divisions: Pascasarjana
Depositing User: Puskom untar untar
Date Deposited: 17 Dec 2020 02:02
Last Modified: 17 Dec 2020 02:02
URI: http://repository.untar.ac.id/id/eprint/13518

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