KEDUDUKAN HUKUM KETETAPAN MPRS/MPR SEBELUM DAN SESUDAH PERUBAHAN UUD 1945

ASNAWI, EDDY (2021) KEDUDUKAN HUKUM KETETAPAN MPRS/MPR SEBELUM DAN SESUDAH PERUBAHAN UUD 1945. KEDUDUKAN HUKUM KETETAPAN MPRS/MPR SEBELUM DAN SESUDAH PERUBAHAN UUD 1945, 3 (2). pp. 227-236. ISSN E-ISSN: 2657-0300

	Text 788-7146-1-PB.pdf - Published Version Download (125kB)
	Text Pereviwer 12.pdf Download (562kB)
	Text Pereviwer 12 (1).pdf Download (516kB)

Abstract

Amendments to the 1945 Constitution have implications for changes in the power or institutional authority of the MPR which have consequences on the legal position of the MPRS/MPR provisions that were born, both before and after the amendment to the 1945 Constitution. For this reason, the method used is a normative juridical research method. The results of the study show that in the state administration practice as long as the 1945 Constitution is in effect before the amendments are made, the broad scope of the content that is regulated is not only limited to matters specified in the 1945 Constitution. If classified, there are MPR Decrees that meet the elements as legislation, MPR Decrees a kind of State administrative stipulation (beschikking), an MPR Decree in the form of planning (GBHN), and an MPR Decree a kind of policy regulation (beliedregels) in the field of state administration. After the amendment of the 1945 Constitution was made, the legal position of the MPR Decrees became scarce. On the one hand, the amendments to the articles of the 1945 Constitution and the provision of Article 1 of the Supplementary Rules of the 1945 Constitution resulted in the loss of the MPR's authority to form MPR Decrees (types of legislation). regulate (regeling), because it no longer has a constitutional basis in the 1945 Constitution. But on the other hand with the enactment of Law Number 12 of 2011 concerning the Formation of Legislations, the legal position of the MPR Decree has come back to life as a form of legislation with the limitations as referred to in paragraph (1). in the explanation of Article 7 paragraph 1 letter b, namely the still valid MPRS/MPR Decrees as stipulated in MPR Decree Number 1/MPR/2003

Actions (login required)

View Item