Perspectives of Law and Public Administration (Dec 2020)
LEGAL IMPLICATIONS OF THE PEOPLE'S CONSULTATIVE ASSEMBLY PROVISIONS IN THE HIERARCHY OF LEGISLATION REGULATORY IN INDONESIA
Abstract
The People's Consultative Assembly (MPR) is a representative institution which is one of the highest state institutions in the Indonesian constitutional system. MPR Decrees are MPR Decrees to determine the exercise of MPR powers, namely to determine policies on State Policy Guidelines (GBHN). The MPR decree is one of the types of laws and regulations in force in Indonesia. The existence of the MPR Decree in the hierarchy of laws and regulations in force in Indonesia almost always experiences dynamics and ambivalence. Whether it is due to changes in the Indonesian constitutional system, as well as the development of knowledge and knowledge regarding the legislation itself. This raises several problems, both physiologically, juridically and theoretically. The purpose of this study was to determine the legal implications of the existence of MPR decrees in the hierarchy of laws and regulations in Indonesia. This research is a normative juridical research with a statutory approach, a historical approach, a conceptual approach, and a philosophical approach. The legal materials used are primary, secondary, and tertiary law materials with perspective analysis techniques with deductive-inductive reasoning. The results showed that the re-entry of the MPR Decree in Law no. 12 of 2011 as a type of Legislation and its hierarchy is placed after the 1945 Constitution as regulated in MPR Decree No. III/MPR/2000, making the implications of the MPR Decree very large and significant. MPR decrees have again become a source of formal and material law.
