Eksistensi Beleidsregels (Peraturan Kebijakan) Dalam Penyelenggaraan Pemerintahan Di Indonesia

Elfiani, Fitri (2019) Eksistensi Beleidsregels (Peraturan Kebijakan) Dalam Penyelenggaraan Pemerintahan Di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

In Indonesian law, in addition to the existence of legislation (Article 7 and Article 8 of Law No. 12 of 2011), in the administration of government also known other regulations, one of which is policy regulations (beleidsregels). One of them can be in the form of a circular letter. Birth beleidsregels based on freedom of action / freies ermessen (discretion). However, the freedom of action is owned by the government it must not be used arbitrarily by issuing beleidsregels that are contrary to the laws and regulations. That matter can cause legal uncertainty. But the fact is that the government has issued a policy regulation in the form of SE which caused problems and legal uncertainty, including: SE Directorate General of Mineral and Geothermal, Indonesian Ministry of Energy and Mineral Resources No: 03.E / 31 / DJB / 2009, SEMA No. 7 of 2014, SE Director General POLPUM Ministry of Home Affairs No: 188.31 / 2398 / POLPUM and SE Minister of Home Affairs RI No: 100/2215 / SJ. From this background, the subject matter was raised as the following: First, what is the position of beleidsregels (policy rules) and function of a circular in the administration of government in Indonesia? Second, What is the binding strength of the circular that contradicts legislation? This research is normative legal research descriptive nature, namely describing clearly and in detail regarding object of research. The data used is secondary data, in the form of legal material primary, secondary legal materials and tertiary legal materials. Data analysis qualitative, namely describing / describing, then comparing between data with statutory provisions or with the opinion of experts law and legal theories. Inductive method of drawing conclusions, namely drawing conclusions from provisions that are specific to the provisions general nature. The results of the study are, the position of belidsids in Indonesia not constituting statutory regulations that have legal consequences, however has legal relevance that affects practice in the field and general binding indirectly. Beleidsregels must not conflict with AAUPB and legislation that can cause legal uncertainty. SE function to explain and give suggestions non-legal and guidance / guidance on certain issues to develop the provisions stipulated in the laws and regulations. SE which is contrary to the laws and regulations does not has binding power, because the main source of positive law in Indonesia is Legislation, then the position of legislation in Indonesia is very strong. So, if there is a conflict between regulations legislation and SE then the legislation has a position that is stronger (should) take precedence over SE.

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