The Ministerial Regulation Position in the Hierarchy of Legislation in the Indonesian Legal System

Abstract

The position of the Ministerial Regulation in the law concerning the Formation of Regulations creates an ambiguity. This is based on the statement that the Ministerial Regulation is recognized and has binding legal force as long as it is ordered by the higher Regulations or formed on the basis of authority. However, in its implementation, there are Ministerial Regulations which are not depending on the regulations above yet based on authority. Therefore, it raises a delegitimization of the Ministerial Regulation. This is due to the lack of validity of the more general norm rules, whereas a legitimacy reflects morality or truth since the law is not autonomous or only based on authority alone. The method used in this research is normative legal research with primary legal materials such as legislation, and legal documents, by carrying out a statute approach, conceptual approach, and comparative approach. The results of the study reveal that the Ministerial Regulation experienced problems both legally and in its implementation, both in terms of the legality of the policy itself or in its application in the community. Consequently, it rises to legal uncertainty and conflicting with higher regulations. Therefore, it is necessary to confirm in order to clarify the contents of the Ministerial Regulation by revising the relevant laws and regulations.