JENIS DAN TATA URUTAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA [BELAJAR HUKUM, SERI 006]

Introduction

This tutorial provides a comprehensive guide to understanding the types and hierarchy of legislation in Indonesia, as discussed in the video by Anang Zubaidy. It is particularly relevant for students of Indonesian law, as it lays the groundwork for legal studies. By the end of this tutorial, you'll have a clearer understanding of how laws are structured and categorized in Indonesia.

Step 1: Understand the Types of Legislation

In Indonesia, legislation can be categorized into several types. Familiarizing yourself with these categories is crucial for grasping the legal framework.

• Undang-Undang (Laws): These are laws enacted by the legislature. They hold the highest authority among legislative types.
• Peraturan Pemerintah (Government Regulations): These are regulations issued by the government to implement laws.
• Peraturan Daerah (Regional Regulations): Local regulations enacted by regional governments.
• Keputusan Presiden (Presidential Decrees): These are decisions made by the President that have legal implications.
• Peraturan Menteri (Ministerial Regulations): Regulations set forth by ministers to govern specific sectors.

Practical Tip

To better understand these types, create a chart that outlines each category, its purpose, and examples. This visual aid can help reinforce your learning.

Step 2: Learn the Hierarchy of Laws

Understanding the hierarchy of legislation is vital for interpreting which laws take precedence in legal matters. Here's how the hierarchy is structured in Indonesia:

1. UUD 1945 (Constitution of 1945): The highest legal authority in Indonesia.
2. Undang-Undang (Laws): Laws enacted by the national legislature, which must align with the Constitution.
3. Peraturan Pemerintah (Government Regulations): These must be in accordance with existing laws.
4. Peraturan Daerah (Regional Regulations): Must not contradict national laws or regulations.
5. Keputusan Presiden & Peraturan Menteri: These are lower in the hierarchy and must comply with the higher laws.

Common Pitfall to Avoid

Always check the hierarchy when dealing with legal documents. Misinterpreting the authority of a regulation can lead to legal missteps.

Step 3: Recognize the Process of Law Formation

Understanding how laws are created and enacted is essential for anyone studying law. The general process includes:

1. Drafting: Initial formulation of the law by legislators.
2. Discussion: The draft is debated in legislative bodies.
3. Approval: The draft must be approved by a majority vote.
4. Enactment: Once approved, the law is officially enacted and published.

Real-World Application

This process is not just theoretical; it impacts everyday life. For instance, understanding how a new traffic law was formed can help you comply with regulations.

Conclusion

In this tutorial, we covered the types of legislation in Indonesia, the hierarchy of laws, and the law formation process. These foundational concepts are critical for anyone studying Indonesian law or engaging with its legal system. As a next step, consider exploring specific laws within each category to see how they operate in real-world scenarios.