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Indonesian Law$
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Tim Lindsey and Simon Butt

Print publication date: 2018

Print ISBN-13: 9780199677740

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199677740.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 02 July 2022

Indonesian Laws and Lawmaking

Indonesian Laws and Lawmaking

Chapter:
(p.34) 2 Indonesian Laws and Lawmaking
Source:
Indonesian Law
Author(s):

Simon Butt

Tim Lindsey

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199677740.003.0002

This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national statutes, emergency laws, and government, presidential, and regional regulations, appear on Indonesia’s ‘hierarchy of laws’, which ranks them by their relative authority. This chapter highlights significant problems in the operation of the hierarchy, deriving primarily from: unclear delineation of the relative jurisdictions of Indonesia’s multiple lawmakers; the use of laws that do not appear on the hierarchy; and the lack of effective mechanisms to resolve conflicts between laws and jurisdictional disputes between the bodies that make them. These problems are the root cause of much of Indonesia’s legal dysfunction, identified in other chapters of this book.

Keywords:   Indonesia, Indonesian law, legislative process, regulatory authority, jurisdictional disputes, hierarchy of laws, MPR, DPR, DPD, DPRD

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