POTENSI PENERAPAN KONSEP CONSOLIDATION LAW DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA PERSPEKTIF SIYASAH DUSTURIYAH

Arsyad Surya Pradana, NIM.: 19103070016 (2023) POTENSI PENERAPAN KONSEP CONSOLIDATION LAW DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA PERSPEKTIF SIYASAH DUSTURIYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia is a country that follows statutory law (Written Law). The implication of this is that it experiences a problem known as Hyper Regulation. The cause is inconsistency, disharmony and over regulation. The most fatal consequence is that the more severe this problem is, the law will be alienated from the existing social reality. In an effort to deal with this problem, the government has tried a method that is popular in common law countries, namely Omnibus. In its application, this method often draws protests from the public, so the author tries to examine another method in dealing with existing legal problems, namely consolidation law. This research tries to answer and question the legality and effectiveness of using the consolidation law method in the formation of laws and regulations. This research uses a normative juridical research method, namely an approach based on legal principles, legal doctrines, legal principles, laws and regulations. The approaches used in this research are statutory approach, conceptual approach, comparative approach. The origin of the data obtained in this study using secondary data sources is divided into primary legal materials, namely Law 12 of 2011 and its amendments and related laws and regulations and secondary legal materials, namely books, journals and previous research. The nature of this research is descriptive-analytical. Based on the data analysis conducted, it is found that the potential application of the concept of consolidation law in view of Law 12 of 2011 concerning the Formation of Legislation is in accordance with the spirit built therein both through Philosophical reasoning, namely the existence of a Dissemination process and Normatively does not conflict with the Law. Consolidation Law is feasible to be applied as an alternative to resolving Hyper regulation in the formation of laws and regulations in Indonesia.

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