The Hierarchical Model of Delegated Legislation in Indonesia

Abstract

Delegated legislation are a necessity in a democratic rule of law like Indonesia. Unfortunately, Article 8 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations j.o Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Laws and Regulations has not mentioned a clear hierarchy of delegation regulations. This article use juridical-normative research using a statute, historical, and conceptual approach. As a result, as many as 24,052 regulations at the level of Ministries, Agencies and State Institutions have the potential to overlap regulations and become subject to judicial review in the Supreme Court. The definition of Delegated Legislations in Indonesia is interpreted as limited to regulations whose legal construction is made by the executive, as long as formal legal norms still give the authority of delegation in the field of legislation to implement higher regulations. This paper found 3 models of structuring Delegated Legislations in the hierarchy of laws and regulations in Indonesia, namely: 1) Hierarchical model based on the legal basis of institution formation; 2) Hierarchical model based on the position of the institution; and 3) Hierarchical model based on the source of delegated authority in forming rules.