Maria Farida: Indonesia Must Creates Better Legislation
Image


Constitutional Judge Maria Farida Indrati became the informant program "Capacity Building Activities Functional Training Instructor Power Designer Legislation Phase II Year 2002" held Directorate General of Legislation of the Ministry of Justice and Human Rights, (19/10) in Aryaduta Karawaci , Tangerang. Earlier, Constitutional Court Justice Harjono filled material in the same place.

Mary in the show is bringing his paper titled "Types and Functions of Legislation" to review the details of legislation, from a basis of authority, types and hierarchies, comparison sort order, substance and function. According to Maria, the term legislation (legislation, wetgeving, gesetzgebung) is the process of building or process of forming the state regulations, both at central and local levels. "All state regulations, which is the result of the formation of regulation, both at the central and local levels," said Mary in her paper.

Basic authorizes the formation of legislation is attribution and delegation. Regarding attribution described by Mary, as authorizing legislation forming the given constitution or law to a state institution / government. While the delegation, she said, is "the delegation of statutory authority established by legislation the higher the legislation is lower, better delegation firmly stated or not."

He also explained the meaning of "establishment of laws" and "regulations" set forth in the Act 12 in 2011. Maria also confirmed that Pancasila is the source of all sources of law, while the 1945 Constitution is the basic law of the legislation. It also mentioned how the tradition of the formation of legislation that gained an important place for the Continental European countries, whereas in common law countries, not so considered important, because the first importance is the establishment of law through judicial decisions.

Maria also touched on the types and hierarchy of legislation. According to Maria, under Law 12 Year 2011 types and hierarchy of legislation is the 1945 MPR valid, government rules successor legislation (Regulation), government regulations, presidential decree, provincial regulations , and regulations districts / cities. "The legal force of legislation in accordance with the hierarchy," said Maria corresponding paper. He also explained how different hierarchies according to the rules and regulations in force before ever applicable.

Regarding the materials or contents of the law, government regulations successor legislation (Regulation), government regulations, presidential decree, and local regulations described at length what should set out therein. Suppose that the substance should be regulated by law, says Maria, containing matters further regulate the provisions of the 1945 Constitution, which include human rights, the rights and obligations of citizens, implementation and enforcement of state sovereignty and the division of state power, territory and division of the region, nationality and residence, and state finances. In addition, the substance of the law is the law commanded to be regulated by law. Thus, not all things can be regulated by law or should that be material laws stipulated in the lower. He also explained how the function of legislation that specified as hierarchy.

At the end of the show, she warned that the current state of Indonesia have better future to make laws, so that this nation is becoming better in many ways, such as in the areas of governance, justice and the law in Indonesia could be enforced properly. (Hendy Prasetya / Miftakhul Huda/Yazid.trr)


Monday, October 22, 2012 | 11:20 WIB 222