THE ESSENCE OF STATE INSTITUTION REGULATIONS IN THE INDONESIAN LEGAL DAN REGULATORY SYSTEM
Law Number 12 of 2011 on the Establishment of Legislation (UUP3) in formulating the types and hierarchy of legislation has created legal uncertainty due to the inclusion of numerous types of legislation, including State Institution Regulations, whose positions are not stipulated in the legislative hierarchy nor is their content regulated in UUP3. This research is a normative legal study employing theories of the rule of law, legal system, legal certainty, authority, the hierarchy of legal norms, and legislation as analytical tools. The research approach utilizes legislative, philosophical, conceptual, historical, and comparative law approaches. This study uses primary, secondary, and tertiary legal materials through library research. The analysis method applied is juridical qualitative, critical, and systematic. Based on the research conducted, the findings indicate that the essence of State Institution Regulations is legislation enacted by authorized state institutions to implement higher legislation or regulations established based on generally binding authority. Essentially, State Institution Regulations are implementing regulations for executing laws that mandate their formation, either through direct or indirect delegation.
Essence, Regulation, State Institution.