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Scirj Volume III, Issue V, May 2015 Edition
ISSN: 2201-2796

The Importance of the Examination on Regulation and Legislation in Indonesia

Dr. Hoesein Zainal Arifin, S.H

Abstract: Concern on the importance of the implementation of regulation as well as legislation has increased significantly in Indonesia in recent years. Not only that, discussion on the meaning of law was also rising. This paper aims at discussing how can regulation and legislation in Indonesia were examined. Using data and information advanced in the literature and other secondary data, it was found that as a normative control, the examination can be performed by the institution itself or its maker can also be done by institutions outside the regulatory agencies. If the examinations performed by the manufacturer agencies can be called internal examination or internal controls, but if the examination is author institution outside the institution may be called external examination or external supervision. The regulatory agency that produced legislation is possible to examine its own law. The establishment of the authority of legislation attached to the legislative control of the normative examining is commonly called legislative review that its object is the law and the constitution and product Legal equivalents. However, if the establishment of regulatory authority is the executive or government regulations as a command execution laws or regulations as the implementation of the functions and duties of governance, then the normative control or examining are commonly called executive review. But if the normative control of the various regulations issued by the executive performed by institutions outside the executive in this case by the institution of judicial power, the normative control or examining are commonly referred to judicial review. These normative controls intended to prevent all forms of government activities in running the government does not get stuck on the authoritarian practice, because the trend towards authoritarian is very open.

Reference this Paper: The Importance of the Examination on Regulation and Legislation in Indonesia by Dr. Hoesein Zainal Arifin, S.H published at: "Scientific Research Journal (Scirj), Volume III, Issue V, May 2015 Edition, Page 28-38 ".

Search Terms: Regulation, legislation, Supreme Court of Justice, legislative review, executive review and authoritarian practice

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