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Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

Hendra Kurnia Putra, Sudarsono, Istislam and Aan Eko Widiarto
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Hendra Kurnia Putra: Faculty of Law, Brawijaya University, Malang, Indonesia
Sudarsono: Faculty of Law, Brawijaya University, Malang, Indonesia
Istislam: Faculty of Law, Brawijaya University, Malang, Indonesia
Aan Eko Widiarto: Faculty of Law, Brawijaya University, Malang, Indonesia

International Journal of Research in Business and Social Science (2147-4478), 2020, vol. 9, issue 3, 182-190

Abstract: The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power. Key Words: Legis ratios, ministerial regulations, statutory formation, amendments

Date: 2020
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