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VOL. 9, ISSUE 6 (2023)
Legal reconstruction of the "Mandatory" phrase implications in the drafting of law based on justice values
Authors
Dedy Suwandi, Gunarto, Muhammad Junaidi
Abstract

This research aims to analyze and examine the weaknesses of the use of the phrase "mandatory" in the formation of statutory regulations according to Law Number 12 of 2011, as well as reconstructing the phrase "mandatory" Which has implications for the preparation of laws and regulations based on the value of justice. This research uses the constructivism paradigm. The approach method used is sociological juridical, with research specifications being descriptive analysis. The data used are primary and secondary data, which are then analyzed qualitatively.

The research results show that the Weaknesses regarding the use of the phrase "mandatory" in current laws and regulations in terms of: (a) legal substance: (i) it is not regulated expressly in the laws and regulations, (b) legal structure: (i) regarding strength attachments to statutory regulations, (ii) inconsistent formation of regulations, (iii) weakness of control in the substantive content; (c) legal culture: (i) sectoral ego of institutions, and (ii) inconsistent attitudes of legislators in drafting regulations. Therefore, the Reconstruction of the phrase "Mandatory" has implications for the preparation of laws and regulations based on Law Number 12 of 2011 into the constitution and includes Pancasila in its position as the source of all sources of law in the hierarchy of laws and regulations at the highest position. A reconstruction of the use of the phrase "mandatory" in attachment II number 268 of Law Number 12 of 2011 concerning the Formation of Legislative Regulations is as follows: To state the existence of an obligation that has been determined, use the word mandatory. If these obligations are not fulfilled, the person concerned is subject to sanctions, with the following conditions: 1) Sanctions are imposed on legal subjects. 2) Sanctions are imposed on the head of government according to the level of authority. The provisions referred to in point 2 (two) apply as follows: a. Regulations made by the President can impose sanctions on Governors, Regents, or Mayors; Regulations made by the Governor can impose sanctions on the Regent or Mayor; Regulations made by the Regent or Mayor can impose sanctions on the Village Head or Subdistrict Head.
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Pages:1-5
How to cite this article:
Dedy Suwandi, Gunarto, Muhammad Junaidi "Legal reconstruction of the "<i>Mandatory</i>" phrase implications in the drafting of law based on justice values". International Journal of Law, Vol 9, Issue 6, 2023, Pages 1-5
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