Yuris: Journal of Court and Justice
Vol. 1 Issue. 2 (2022)

An Indonesia-France Comparison: The Design Mechanism for Legislation Establishment and Legislation Regulation Evaluation

Jeffri Arlinandes Chandra (Lecturer Faculty of Law Universitas Terbuka)
Rofi Wahanisa (Lecturer Faculty of Law, Universitas Negeri Semarang (UNNES))
Ade Kosasih (Lecturer Faculty of Syariah UIN Fatmawati Soekarno Bengkulu)
Vera Bararah Barid (Research Center for Law National Research and Innovation Agency (BRIN))



Article Info

Publish Date
26 Jul 2022

Abstract

The good laws and regulations are in harmony with other laws and regulations. The disharmony of a statutory regulation with other regulations, both at the same level and at different levels, will cause a complex problem. As a result, these regulations can be canceled due to things that are contrary to constitution, laws and other regulations. This research is a qualitative research. The research method used is a combination of normative research supported by empirical field research data, namely research that uses information from research targets or subjects who are usually called informants or respondents through data collection instruments such as interviews and then combines it with data from library materials, especially those related to legal issues, with an approach that emphasizes the search for norms contained in legislation provisions and existing legal theories, and uses a conceptual approach from the views and doctrines that developed in law. The data collection are conducted through primary legal materials and secondary legal materials. Primary legal materials are called binding legal materials. The primary legal materials used in this research consist of statutory regulations. Primary legal materials are intended to obtain information related to research, regarding the formation and review of a statutory regulation, both at highest level and the lowest level. Indonesia based on Law No. 12 of 2011 in conjunction with Law 15 of 2019 has determined a review system and monitoring in law formation, but the best practice from French regarding legislation reviews by independent institutions, called constitutional council and evaluation methods that implement by Australian with the sunset regulation and rescheduling culled methods provides a new perspective on the formation and evaluation in Indonesia, there will be consequences in adopting it either partially or completely that will be discussed in further research.

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Journal Info

Abbrev

jcj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By ...