Definition of the “Minister” in Government Regulation 11/2021 Concerning Village-Owned Enterprises

Abstract

Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises (GR VOE) is one of the implementing regulations (verordnung or delegated laws and regulations) of Law Number 11 of 2020 concerning Job Creation (Job Creation Law). However, there is a different definition of the "Minister" between Article 1 number 17 GR VOE with the provisions in Article 117 number 1 of the Job Creation Law. Definition of the "Minister" as referred to in Article 1 number 17 GR VOE is a legal issue when viewed from a prescriptively because it indicates a vertical inconsistency. To discuss these legal issues, the author uses a statutory approach and a conceptual approach. The results of the study show that definition of the "Minister" in Article 1 number 17 GR VOE is invalid, because it is not in accordance with its parent act (Job Creation Law) and the principle of lex superiori derogat legi inferiori. Based on the results of the study, the authors suggest that definition of the "Minister" as referred to in Article 1 number 17 GR VOE need to be revised and follow to Article 117 number 1 of the Job Creation Law.