Nature

  • Regulations: General and abstract, meaning they apply to all people and situations within a specific scope. For example, the Law on Marriage regulates marriage in general, without referring to specific individuals.
  • Decrees: Individual and concrete, meaning they only apply to people or situations specifically mentioned in the decree. For example, the Decree on the Appointment of Civil Servants only applies to people whose names are listed in the decree.

Scope

  • Regulations: Have a broad scope, regulating various situations and objects within a specific scope. For example, the Law on Traffic regulates various matters related to traffic, from signs to sanctions for violations.
  • Decrees: Have a limited scope, only regulating specific situations or objects specifically mentioned in the decree. For example, the Decree on Granting Scholarships only regulates the granting of scholarships to people who meet the requirements stated in the decree.
  • Regulation: Generally binding and must be obeyed by everyone within its scope. Violations of regulations may result in legal sanctions.
  • Decision: Binding on the parties involved in the decision. Violations of decisions may result in administrative sanctions, such as reprimands or revocation of rights.

2. Differences between Regulations and Decisions According to Theoretical Perspectives

According to Maria Farida Indrati and Jimly Asshiddiqie, in their theory, the difference between legislation and decisions can be understood in terms of their nature. Maria Farida revealed that regulations have a general, abstract, and continuous nature, while decisions have an individual, concrete, and final nature. To provide further explanation, we present a comparison table as follows.

[ninja_tables id="9790"]

From a theoretical point of view, there are three differences between regulations and decisions. First, legislation is general, which means its impact is directed at many individuals rather than just specific individuals. If the emphasis is on a specific individual, it will be considered a decision.

Second, legislation is abstract because its purpose is to deal with various legal events that may occur, in contrast to decisions which are only aimed at one legal event.

Third, regulations basically have a continuous characteristic, which means that the legal consequences will continue continuously until revoked by other regulations or canceled by a court decision in the process of judicial review.

3. Differences Between Regulations and Decisions in the Context of Positive Law and its Implementation

In accordance with the concept, Article 1 number 2 of Law 15/2019 explains that legislation is a written document containing legal norms that apply generally, made or stipulated by state institutions or officials who have the authority through procedures stipulated in legislation.

Law 12/2011 also provides examples of legislation, starting from the 1945 Constitution to regional regulations at the regency/city level and other legislation.

However, Article 1 number 9 of Law 5/1986 defines State Administrative Decisions (“KTUN”) as written decisions issued by state administrative bodies or officials (TUN) containing TUN legal actions based on applicable laws and regulations. KTUN is concrete, individual, and has legal consequences for individuals or private legal entities.

Law 9/2004 contains exceptions to several types of decisions from the definition of KTUN, including decisions that are civil law acts, general regulations, require approval, are issued based on criminal law, results of examinations by judicial bodies, decisions regarding TNI administration, and KPU decisions regarding election results.

However, it is important to note that positive law does not explain in detail whether court decisions fall into the category of decisions or not. Although Law 5/1986 only emphasizes that decisions regulated by the law are limited to the executive realm, in theory court decisions can fall into the category of decisions because they are individual, concrete, and once completed.

In addition to these differences, there are additional differences in the consequences of regulatory testing. Laws and regulations are tested directly by the Supreme Court and the Constitutional Court, while KTUNs are tested first by the PTUN.

Conclusion

Understanding the difference between regulations and decisions is important to ensure proper interpretation and application. By understanding these differences, we can avoid misinterpretations and ensure compliance with applicable rules.

FAQ Differences Between Regulations and Decisions

What is a regulation?

A regulation is a general and abstract norm created by an authorized body that binds a specific group of people, situations, or regions.

What is a decision?

A decision is a concrete and individual action made by an authorized body that is addressed to a specific person or situation.

How to distinguish between regulations and decisions?

Some things to consider:

  • Purpose: Is the norm intended to regulate generally or resolve a concrete situation?
  • Recipient: Is the norm addressed to everyone or only to certain parties?
  • Form: Is the norm in the form of written regulations or an individual decision?
  • Legal force: Does the norm have generally binding legal force or only for the parties involved?

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