Important Principles of Statutory Regulations
And it should be remembered that the principle applies in the order of statutory regulations lex superior derogat legi priori which means that statutory regulations that have a lower position must not conflict with statutory regulations that have a higher position above them.
Examples of Problematic Statutory Regulations
Although there is a principle lex superior derogat legi priori, in practice there are still regulations that conflict with statutory regulations that have a higher position. One example can be seen in the Constitutional Court's decision Number 85/PUU-XI/2013 which through the decision, the Constitutional Court annulled all provisions contained in the Law Number 7 of 2004 concerning Water Resources (SDA) because the law was considered to conflict with statutory regulations above it, namely the 1945 Constitution of the Republic of Indonesia, specifically in Article 33 paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia.
Status and Position of Statutory Regulations Not Mentioned in Article 7
Apart from what is mentioned in Article 7 paragraph (1), if we pay close attention together, there are actually other statutory regulations that we often encounter, for example ministerial regulations issued by each ministry, prosecutorial regulations, police regulations, and other regulations which are in accordance with the meaning of a statutory regulation as mentioned previously.
Police regulations, for example, are certainly written rules that contain legal norms that are generally binding and formed or stipulated by state institutions or authorized officials. Although police regulations and regulations issued by other state institutions are not explicitly mentioned in Article 7 paragraph (1) of Law No. 12 of 2011 concerning the Establishment of Statutory Regulations, these regulations are still recognized as statutory regulations.
This can be understood by the provision of Article 8 paragraph (1) which states that Types of Laws and Regulations other than those referred to in the hierarchy of laws and regulations in Article 7 paragraph (1) include regulations stipulated by the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, the Supreme Court, the Constitutional Court, the Audit Board, the Judicial Commission, Bank Indonesia, Ministers, agencies, institutions, or equivalent commissions established by Law.
As well as the provisions of Article 8 paragraph (2) which states that the Laws and Regulations as referred to in paragraph (1) are recognized and have binding legal force as long as they are ordered by higher Laws and Regulations or formed based on authority. This means that regulations issued by bodies or institutions other than those mentioned in Article 7 paragraph (1) are also recognized as laws and regulations and have binding legal force.
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