Asas-asas dan Norma-norma Hukum Administrasi Negara Dalam Pembuatan Peraturan Perundang-undangan, Peraturan Kebijakan dan Keputusan

Taufiqurrahman, Faishal and Ibnususilo, Efendi and Melina, Monika and Hudi, Moh. (2021) Asas-asas dan Norma-norma Hukum Administrasi Negara Dalam Pembuatan Peraturan Perundang-undangan, Peraturan Kebijakan dan Keputusan. Mimbar Yustitia, 5 (2). pp. 91-114. ISSN 2850 - 4561

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Abstract

In making a regulation, especially regulations made by State Administrative Officers, there are often mistakes in making them. This is due to ignorance and lack of knowledge of State Administrative Officials in making a policy based on the authority of the position attached to them. In fact, there are differences between one regulation and another, both in terms of function and designation. This research belongs to the type of normative legal research, where the author will examine and examine various literary sources, such as books, journals, papers, magazines, newspapers and so on related to the object of research. In this study, the authors formulate several problems, including: 1) What is the difference between Legislation, Policy Regulation and Decision? 2) What legal principles and norms can be used in making Legislation, Policy Regulations and Decisions? The results of the study show that First, the difference between legislation, policy regulations, and decisions is that if you look at the content material, then in legislation the content material is basic which is aimed at citizens, in policy regulations the content material is more aimed at to another government organ that is under it or at the same level, while the content of the decision is usually concrete and individual (not intended for the public). Second, the principles and norms of state administration law that can be used in making laws and regulations, policy regulations, and decisions are; 1) the principle of the rule of law and democracy, 2) the principle of sovereignty and public power or authority, 3) the principle of opportunity, 4) the principle of het vermoeden van rechtmatigheid or the principle of pre sumtio justae causae, 5) the principle of change, revocation and cancellation of state administrative decisions, 6) the principle of office, 7) the principle of neutrality in decision-making, 8) the principle of prohibiting the abuse of authority.

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