Law and regulation

NATION LAW AND REGULATION

Law and regulation is written regulation formed by state institution or authorized officials and generally binding. And as law and regulations contain three absolute elements as follows :

1. The Character of arranging

Law and regulations function to arrange public orderliness, guarantees and protects human interest in a society

2. The character of forcing

State can force each and everyone who is violating the law to obey and receive the consequences of violent without exception.

3. Contains punishment or threat

Law and regulation contains punishment or threat for violating it.

So the existence of law and regulations for every citizen has important meaning, those are :

1. can create secure, order condition, and harmonious life

2. can give peaceful feeling

3. can give sense of justice and law security to citizens.

4. can give protection to human right

Essential function of law are :

1. made regulate human life as citizens so that their life become prosperous, secure, peaceful, and harmonious

2. It contains various order as law norm for citizen

3. It contains assurance of human right and basic obligation

4. It contains orders which becoming guidance in implementing, the relation of fellowship as citizens and member of society

The hierarchy of law and regulation in Indonesia are :

1. Hierarchy of law and regulation based ono MPRS decree No. XX/MPRS/1966, is as follow :

1) 1945 Constitution

2) MPR Decree

3) law or Government regulations in lieu of laws

4) Government regulation

5) Presidential decree

6) Other implementing regulation, such as :

a. Ministrial regulation

b. Ministrial Intruction

2. Hierarchy of law and regulation based on MPR decree No.III/MPR/2000, is as follows,

1) 1945 Constitution

2) MPR decree

3) Law

4) Government regulations in lieu of laws

5) Government regulation

6) Presidential decree

7) Regional regulation

3. Hierarchy of law and regulation in law No. 10bYear 2004 is regulated in Article 7, as follows.

1) 1945 Constitution

2) Laws or Government regulation in lieu of laws

3) Government regulation

4) Presidential decree

5) Regional regulation, which covers ;

a. Provincial regional regulation

b. Regency or City regional regulation

c. Village regional regulation

And to arranger law and regulation good must based on the principles, as follow :

1. The Clarity of purpose principle

2. Strict institution or farmer organ principle

3. Concordance between types and change matter principle

4. Enforceable principle

5. Efficiency and Effectiveness principle

As for phase of law and regulation compilation process are as follow :

1. Planning phase

2. Preparation phase

3. Technique of law and regulaton compilation

4. Promulgation and dissemination phase