%A NIM.: 22103070014 Muhammad Najid Labiba
%O Dr. Ocktoberriansyah, M.Ag.
%T DISHARMONISASI HUKUM DALAM PENGATURAN KRITERIA USAHA MIKRO, KECIL DAN MENENGAH (ANALISIS PERTENTANGAN NORMA ANTARA UU NO. 20 TAHUN 2008 DAN PP NO. 7 TAHUN 2021)
%X Micro, Small, and Medium Enterprises (MSMEs) play a strategic role in national economic development, therefore their regulation requires legal certainty and normative consistency. MSME criteria are regulated under Article 6 of Law Number 20 of 2008, which classifies MSMEs based on assets and annual turnover, while Article 35 of Government Regulation Number 7 of 2021 establishes classification based on business capital and annual sales revenue. These differences in regulatory foundations potentially create norm conflicts that result in legal uncertainty, both in the implementation of MSME empowerment policies and in determining the legal status of business actors. Therefore, this research focuses on analyzing the disharmony of norms between the two regulations through the perspective of the hierarchical theory of law (stufenbautheorie) as well as the principles of tasyri’ in Islamic law.
This study is a normative juridical research employing a statutory approach and a conceptual approach. The research data were obtained through library research using primary, secondary, and tertiary legal materials, which were then analyzed qualitatively and descriptively to assess the conformity of the legal hierarchy, the forms of substantive conflict, and the regulatory impact on legal certainty.
The findings show that the differences in MSME criteria regulation between Law Number 20 of 2008 and Government Regulation Number 7 of 2021 potentially create a vertical norm conflict because the government regulation introduces new parameters that differ from those stipulated in the law. From the perspective of the hierarchical theory of law, this condition may weaken the order of the legislative hierarchy, as implementing regulations should not alter the fundamental substance established by higher-level laws. The impacts of this disharmony include confusion in MSME classification, inaccurate targeting of assistance and empowerment policies, inconsistency in the implementation of government programs, and reduced legal certainty for business actors. From the perspective of the principles of tasyri’, such normative disharmony contradicts the objectives of Islamic law, which emphasize justice, public benefit (maslahah), and ease for society.
%K UMKM, Disharmonisasi Regulasi, Hukum Berjenjang, Tasyri’
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib76534