Legal Literacy - As is well known, the hierarchy of laws and regulations in Indonesia consists of many types of regulations, starting from the 1945 Constitution of the Republic of Indonesia, MPR Decrees, laws to regional regulations (perda) of regencies/cities.
From the many laws and regulations, there are often regulations that regulate similar things, but contradict each other, causing confusion in their implementation. So it is important for us to be able to understand the hierarchy of laws and regulations so that we will understand which regulations should be used.
Understanding Laws and Regulations
The definition of laws and regulations is written regulations that contain legal norms that are generally binding and are formed or stipulated by state institutions or authorized officials through procedures stipulated in laws and regulations.
Meanwhile, the word hierarchy itself in the Big Indonesian Dictionary (KBBI) has the meaning of order of levels or levels. Thus, understanding the hierarchy of laws and regulations means finding out the order of levels of laws and regulations in Indonesia.
Legal Basis of Laws and Regulations
To be able to know the hierarchy of laws and regulations, of course we must refer to Law Number 12 of 2011 which is an update of Law Number 10 of 2004 and was last updated through Law Number 13 of 2022 concerning the Establishment of Laws and Regulations.
In article 7 paragraph (1) of the Law, it is stated that the types and hierarchy of laws and regulations consist of:
- The 1945 Constitution of the Republic of Indonesia
- Decrees of the People's Consultative Assembly
- Laws/Government Regulations in Lieu of Laws
- Government Regulation
- Presidential Regulation
- Provincial Regional Regulations, and
- Regency/City Regional Regulations
Then, in Article 7 paragraph (2) of the Law, it is stated that the legal force of Statutory Regulations is in accordance with the hierarchy as referred to in paragraph (1). Thus, from these two provisions we can understand that hierarchically/sequentially, according to Article 7 paragraph (1), that the 1945 Constitution of the Republic of Indonesia is a statutory regulation that has the highest order, then the second order is the MPR Decree, and so on to district/city regional regulations. Likewise with the nature of its legal force, the 1945 Constitution of the Republic of Indonesia has the highest legal force compared to other statutory regulations.
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To make it easier to understand, here is a table that summarizes it:
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