KEDUDUKAN PERATURAN MENTERI SEBAGAI BAGIAN DARI PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UU 12/2011

Abstract

Law No. 12 of 2011 stipulates a ministerial regulation as part of the legislation. This position in practice raises debates both juridically and theoretically, as well as in relation to the system of government adopted by Indonesia. This paper will examine and critically analyse the position of the ministerial regulation in the juridical and theoretical statutory law, as well as its relation to the presidential system. This study aims to find the ideal position of ministerial regulation as part of the legislation in Indonesia. The results of the study found that juridically-theoretically, the ministerial regulation that is part of the legislation is the one that gets delegates from higher laws and regulations, not those formed based on authority. Whereas in the context of the presidential system, if the minister receives direct delegation from the Acts, it means that the minister acts as an assistant to the President, not as a minister in the sense of a separate independent institution.