Summary of Sistem Konstitusi [2]
Main Ideas and Concepts
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Definition of Legislation:
Legislation is the process of making laws and the resulting legal products. It is characterized by being written, containing legal norms, and being binding.
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Characteristics of Laws and Regulations:
- Written format.
- Contains legal norms.
- Binding on the public.
- Created by authorized state institutions or officials.
- Developed through established procedures.
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Bases of Legislation:
- Philosophical Basis: Justification for the creation of laws, such as protecting public health through smoke-free areas.
- Sociological Basis: Laws must reflect the beliefs and realities of society, serving the needs of the community.
- Legal Basis: Laws must adhere to higher legal norms and be consistent with the hierarchy of regulations.
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Types of Juridical Basis:
- Formal Juridical: Norms must refer to higher provisions and not conflict with them.
- Material Juridical: Legal provisions must address specific issues and be relevant to societal needs.
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Dynamic vs. Static Norms:
Static norms are consistent and must align with higher norms. Dynamic norms evolve with societal changes and can be amended or replaced as necessary.
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Order of Legislation in Indonesia:
The highest legal source is Pancasila, which serves as the philosophical foundation for all legislation. The legislative hierarchy includes:
- Pancasila
- 1945 Constitution (as the fundamental law)
- Decrees from the People's Consultative Assembly (MPR)
- Laws formed by the House of Representatives (DPR)
- Government regulations and presidential regulations
- Regional regulations, which require approval from higher authorities.
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Conflict Resolution in Legislation:
The Constitutional Court addresses conflicts between laws and the constitution. The Supreme Court resolves conflicts between lower regulations and laws.
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Student Assignments:
- Students are tasked with identifying relevant laws in their field of study (health).
- They should explore constitutional test materials and analyze any changes in regulations.
Methodology/Instructions
- Understand the definitions and characteristics of legislation.
- Study the philosophical, sociological, and legal bases of laws.
- Analyze the hierarchy of legislation in Indonesia.
- Investigate how conflicts between laws are resolved.
- Complete assignments related to laws pertinent to your field of study.
Speakers/Sources Featured
The speaker is an unnamed instructor who provides a lecture on the constitutional system and the order of legislation in Indonesia.
Notable Quotes
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Category
Educational