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Perkembangan peraturan delegasi di Indonesia

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• Code	CallNo	Lokasi	Ketersediaan
  01001120100105	341 Fad p/R.11.16	Perpustakaan Pusat	Tersedia

• Perpustakaan	Perpustakaan Pusat
  Judul Seri	-
  No. Panggil	341 Fad p
  Penerbit	Program Doktor Ilmu Hukum UNPAD : Bandung., 2012
  Deskripsi Fisik	x, 341 hlm. Ilus ; 29 cm
  Bahasa	Indonesia
  ISBN/ISSN	-
  Klasifikasi	341 Fad p
  Tipe Isi	-
  Tipe Media	-
  Tipe Pembawa	-
  Edisi	-
  Subyek	peraturan delegasi
  Info Detil Spesifik	-
  Pernyataan Tanggungjawab	Moh Fadli

• ABSTRACT Delegated legislation has been studied by some scholars at some countries mainly focus on three issues namely: the urgent need of delegated legislation, relationship between delegated legislation and democracy, restriction of delegated legislation itself The aims of the research are: (1). To discover basic norms and position of delegated legislation, (2). To discover relationship between delegated legislation and democracy in the law making process, (3). To invent restriction on delegated legislation both restriction within the system and repressive restriction, The research is a legal research which use wide approaches such as statute approach, case approach, historical approach, conceptual approach as well as comparative approach. However, this research mainly focused on government regulation and did not include attribution or mandate. More over this research completed with interview guide, meanwhile it use qualitative juridical as main analysis. The result of the research shows that: (1). Delegated legislation has been recognized in Indonesia as well as it has strong constitutional ground. The existence of delegated legislation can be seen through juridical and non juridical perspectives. Based on juridical perspective, article 5 sub section (2) constitution is state dearly as basic norm and legal position of delegated legislation. Whereas, based on non juridical perspective shows that due to lack of skill, lack of time as well as lack of concrete problem solving of the House of Representative members, More over, there is a philosophical factors and division of powers and substantive legislation can create delegated legislation. (2). There is no conflict between delegated legislation with democracy in the law making process, In fact delegated legislation has important role to realize democracy in Indonesia. In addition, it shows that Indonesia has its own system. (3). This research shows that restriction on delegated legislation can be done by preventive and repressive restrictions, however, in Indonesia is only repressive restriction is available. Some remarkable recommendations can be offered as follow: (1). Delegating must be planned carefully by the government and the House of Representative and it must be evaluated and monitored by the House of Representative. (2). Formulating regulation must involve public participation greatly. (3). Repressive restriction must be combined with preventive restriction, meanwhile delegating authority on judicial review from Supreme Court can be done by the High Court efficient and effectively.

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