THE MATTER OF EMERGENCY AS A BASIS FOR THE ESTABLISHMENT OF GOVERNMENT REGULATION REGARDING LAW REPLACEMENT

Abstract

This study aims are to examine the matters of compulsion that are compelling as the basis for the Formation of Substitute Government Regulations. The problems that arise are, First, What are the benchmarks of the crunch that force as the basis for the formation of Government Regulations in Lieu of Laws, and how are the legal implications of Substitution Government Regulations. The research method uses normative legal research methods using the statute approach, the conceptual approach and the historical approach. The results of the study indicate that the benchmark of the compulsive crunch is the basis for the Establishment of a Government Regulation in Lieu of Law, namely: the existence of dangerous threats, the existence of elements of necessity which require, and the existence of elements of time constraints. The legal implications of Government Regulation in lieu of the Law, which substantially contradicts the applicable legal rules, must be revoked and declared invalid. Revocation of Government Regulations Substitution of Laws is carried out by law, which also regulates the legal implications of revoked Government Regulations.