Adrefido Aditia
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TINJAUAN YURIDIS PEMBENTUKAN UNDANG-UNDANGNOMOR 3 TAHUN 2022 TENTANG IBU KOTA NEGARA DIKAITKAN DENGAN PASAL 5 UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Adrefido Aditia; Mexsasai Indra; Muhammad A. Rauf
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The formation of a new legal product must certainly understand the sciences inmaking statutory regulations. As one of them is to understand the principles in the formationof laws and regulations. The formation of a statutory regulation certainly has reasons andclear objectives in a country, one of which is Law Number 3 of 2022 concerning the StateCapital. However, the process of forming a law was very fast and seemed rushed becauseideally it was in accordance with the standard operational procedures for preparingAcademic Papers and Draft Laws which were prepared within a period of 3 months. Thereis no transparency and openness, as well as the lack of participation from the public in theprocess of forming the law.The objectives to be achieved in this research are the first, namely to find outthat the Formation of Law Number 3 of 2022 concerning IKN is linked to the principle oftransparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendmentto Law Number 12 of 2011 concerning the Formation of Legislation. . Second, so that theideal concept for the formation of Law Number 3 of 2022 concerning IKN is known, which inthe Perspective of Law Number 13 of 2022 Amendments to Law Number 12 of 2011concerning the Formation of Legislation..From the results of the research, can be concluded. First regarding theFormation of Law Number 3 of 2022 concerning IKN, it is associated with the principle oftransparency according to the formulation of Article 5 of Law Number 13 of 2022 Amendmentto Law Number 12 of 2011 concerning the Formation of Legislation. The Second IdealConcept of Establishing Law Number 3 of 2022 Concerning IKN in the Perspective of LawNumber 13 of 2022 Amendment to Law Number 12 of 2011 Concerning the Formation ofLegislation.The authors, in the formation of the IKN Law, is in accordance with thehierarchical provisions for the formation of laws and regulations. The new law must complywith and be guided by the existing law and in the future the ideal concept of making aregulation or legislation must be given the opportunities for the public to participatecomprehensively and holistically. The ideal concept that is right for the future, when there isa bill, the DPR and the Government will immediately provide the draft to the public. As wellas the DPR and the Government making an application to accommodate people’s aspirationsin providing input to the bill Draft Law before the Draft Law is passed.Keywords: Establishment – Laws – IKN – Regulations - Principles of Openness