POLITIK HUKUM PENGEMBALIAN KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM HIRARKI PERATURAN PERUNDANG-UNDANGAN BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PERATURAN PERUNDANG-UNDAGAN DI INDONESIA
ABSTRACT: The structure of a
legal state in principle is a way to create a complex legal system, to realize
the legal order that governs the relationship between the communities by the
state or state institutions in a region or country. Hans Kelsen in his book
entitled "General Theory of Law and state" suggests a theory known as
the "Stufen theory". In the essence of this theory assert legal
hierarchical, structured shows that law subordinate must not conflict with the
law who are in it or a higher degree. Historical development hierarchy Laws and
Regulations in Indonesia started since 1966 in the form back to the Regulation
of Legislation No. 12 in 2011. In 1996, by the provisions of the People's
Consultative Assemblym(MPR) Number. XX / MPR / 1966 Appendix 2, stated that the
Hierarchy of Laws and Regulations Indonesia. Considering need to reform of
legal products to fit theneeds of the people so, that the law not only as a
complement to theadministration of the state alone but also have a very
important role in advancing Indonesian state administration as well as
increased development of the public to be more developed in accordance with the
demands of the times.So based on the above-mentioned background writer
interested in studying due to the recurrence of People's Consultative Assembly
provisions in the legislation hierarchy after the enactment of Law No. 12 Year
2011 on the Establishment of legislation, raisesvarious questions, regarding
the position of the People's Consultative Assembly re-provision , the writer
put it in the form of a thesis with the title, "Political Lawof the
People's Consultative Assembly Decree Returns in Hierarchy of Laws and Regulations
Under Law No. 12 of 2011 Concerning the Establishment of Lawsand Regulations in
Indonesia"
Keywords: Politics Returns Law
of the People's Consultative Assembly Decree Based on Law No. 12 of 2011
Penulis: Jendri Heri Sumarta
Kode Jurnal: jphukumdd151207