Important Principles of Legislation

And keep in mind that in the order of laws and regulations, the principle of lex superior derogat legi priori applies, which means that laws and regulations that have a lower position must not conflict with laws and regulations that have a higher position above them.

Examples of Problematic Legislation

Although there is the principle of lex superior derogat legi priori, in practice there are still regulations that conflict with laws and regulations that are higher in position. One example can be seen in the decision of the Constitutional Court Number 85/PUU-XI/2013 which through the decision of the Constitutional Court canceled all provisions contained in the Act Number 7 of 2004 concerning Water Resources (SDA) because the law is considered contrary to the legislation above it, namely the 1945 Constitution of the Republic of Indonesia, specifically Article 33 paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia.

Status and Position of Laws and Regulations Not Mentioned in Article 7

In addition to what is mentioned in Article 7 paragraph (1), if we look closely together, there are actually other laws and regulations that we often encounter, such as ministerial regulations issued by each ministry, prosecutor's regulations, police regulations, and other regulations which are in accordance with the definition of a statutory regulation as mentioned earlier.

Police regulations, for example, are of course written rules that contain legal norms that are generally binding and are formed or established 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.12/2011 on the Formation of Legislation, they are still recognized as laws and regulations.

This can be understood by the provisions 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 Representatives Council, the Supreme Court, the Constitutional Court, the Supreme Audit Agency, the Judicial Commission, Bank Indonesia, Ministers, agencies, institutions, or commissions of the same level established by law.

As well as the provisions of article 8 paragraph (2) which states that the Legislation as referred to in paragraph (1) is recognized and has binding legal force as long as it is ordered by higher Legislation 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.