Navigating Regional Regulatory Changes in Indonesia: An In-Depth Analysis of Post-Amendment Implementation of Law Number 12 of 2011 on Legislation Formation

Open

Bayangsari Wedhatami, Ratih Damayanti, Cindy Ayu Prasasi

2023 Unnes Law Journal Vol. 9 Issue 2 Article Cited by 2 SDG 16 Quartile

Abstract

In the context of Indonesia as a State of Law, the imperative role of the rule of law cannot be overstated in realizing the state's objectives. The formulation of Legislative Regulations, essential for upholding the rule of law, necessitates meticulous consideration of three fundamental principles: benefit, justice, and legal clarity. To ensure the effectiveness of these regulations in aligning with the direction and goals of national legal development, the process adheres to key principles, encompassing the clarity of objectives, appropriate institutional involvement, congruence among types, hierarchy, and material content, practicability, clarity of formulation, and transparency. This procedural framework is consistently implemented in a sustainable, coordinated, and integrated manner. The legal landscape in Indonesia underwent significant transformations with the enactment of Law Number 11 of 2020 on Job Creation, introducing the omnibus law technique. However, the subsequent Constitutional Court Decision Number 91/PUU-XVIII/2020 provisionally deemed this law unconstitutional. Responding to this decision, Law Number 12 of 2011 underwent a substantial amendment through Law Number 13 of 2022, specifically addressing the omnibus approach and enhancing meaningful public participation in statutory rule creation. This legal revision significantly influences the development of legal instruments at the regional level. Consequently, an examination of the implementation of regional legal product formation becomes imperative post the amendment of Law Number 12 of 2011 on the Formation of Legislative Regulations. © 2023, Universitas Negeri Semarang. All rights reserved.

Affiliations

Department of Administrative and Constitutional Law at the, Faculty of Law, Universitas Negeri Semarang, Indonesia; Faculty of Law, Universitas Negeri Semarang, Indonesia

Research at a Glance

Premium content — register to unlock

Research at a Glance

Register to unlock

Topics & SDG Alignment

Premium content — register to unlock

Topics & SDG Alignment

Register to unlock

Collaboration

Premium content — register to unlock

Collaboration

Register to unlock

Author Profile (Selected)

Premium content — register to unlock

Author Profile (Selected)

Register to unlock

References Overview

Premium content — register to unlock

References Overview

Register to unlock

Journal & Source

Premium content — register to unlock

Journal & Source

Register to unlock

Metadata & Integrity

Premium content — register to unlock

Metadata & Integrity

Register to unlock